Tier 4 Systematic

EMC OF NEW YORK INC.

📍 330 WEST 40TH STREET, NEW YORK, NY 10001🏭 Poured Concrete Foundation and Structure Contractors (NAICS 238110)📅 2006-04-17
$10,500.00
Total Penalties
11
Citations
17/100
Risk Score
392
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, EMC OF NEW YORK INC. — a poured concrete foundation and structure contractors facility located at 330 WEST 40TH STREET, NEW YORK, NY 10001 — was the subject of a formal OSHA inspection that resulted in 11 citation(s) and cumulative proposed penalties of $10,500.00. The inspection case was opened on 2006-04-17.

The volume of citations issued during this inspection suggests systematic compliance deficiencies rather than isolated incidents. Facilities with 10 or more citations typically face comprehensive abatement requirements and may be subject to follow-up inspections.

BLS Injury Data: According to the Bureau of Labor Statistics (2022), this industry sector has an occupational injury rate of 2.8 per 100 full-time workers — 4% above the national average of 2.7. The sector fatality rate is 9.6 per 100,000 workers.

Industry Benchmark: The total penalty of $10,500.00 is more than 2.9× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238110). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within NY, this facility's penalty places it at the 96th percentile among 140,736 inspected facilities. The statewide average penalty is $2,208.33.

Citation Analysis: The inspection produced 11 citations spanning 7 distinct OSHA regulatory standards. The citation breakdown includes: 8 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 3 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm.

Enforcement Timeline: Citations were issued beginning May 4, 2006 with the latest abatement deadline set for June 6, 2006. Of the 11 total citations, 8 (73%) have been marked as abated in DOL records, suggesting partial progress toward required corrective actions.

Penalty Assessment: The cumulative penalty of $10,500.00 reflects OSHA's gravity-based penalty calculation methodology, which considers the severity of potential injury, the probability of occurrence, the employer's size, good faith, and violation history. The per-citation average of $954.55 falls within the standard penalty range.

Citation Matrix — 11 Citations
29 CFR 1926.20(b)(02)
Construction Safety Training & Education
Serious
Penalty: $1,500.00Gravity: 10Issued: May 4, 2006Abated: ✓ Yes
29 CFR 1926.21(b)(02)
Safety Training & Education Programs
Serious
Penalty: $1,500.00Gravity: 10Issued: May 4, 2006Abated: ✓ Yes
29 CFR 1926.503(a)(01)
Fall Protection Training
Serious
Penalty: $0.00Gravity: 10Issued: May 4, 2006Abated: ✓ Yes
29 CFR 1926.95(a)
Occupational Noise Exposure (Construction)
Serious
Penalty: $1,500.00Gravity: 10Issued: May 4, 2006Abated: ✓ Yes
29 CFR 1926.404(b)(01)
Serious
Penalty: $1,500.00Gravity: 10Issued: May 4, 2006Abated: Pending
29 CFR 1926.404(f)(06)
Serious
Penalty: $1,500.00Gravity: 10Issued: May 4, 2006Abated: Pending
29 CFR 1926.501(b)(01)
Fall Protection Scope & Applications (Construction)
Serious
Penalty: $1,500.00Gravity: 10Issued: May 4, 2006Abated: ✓ Yes
29 CFR 1926.501(b)(04)
Fall Protection Scope & Applications (Construction)
Serious
Penalty: $1,500.00Gravity: 10Issued: May 4, 2006Abated: Pending
29 CFR 1910.1200(e)(01)
Hazard Communication Standard (Chemical Safety)
Other-than-Serious
Penalty: $0.00Gravity: 01Issued: May 4, 2006Abated: ✓ Yes
29 CFR 1910.1200(g)(01)
Hazard Communication Standard (Chemical Safety)
Other-than-Serious
Penalty: $0.00Gravity: 01Issued: May 4, 2006Abated: ✓ Yes
29 CFR 1910.1200(h)(01)
Hazard Communication Standard (Chemical Safety)
Other-than-Serious
Penalty: $0.00Gravity: 01Issued: May 4, 2006Abated: ✓ Yes
This report is compiled from publicly available U.S. Department of Labor enforcement data under the Freedom of Information Act. SVEP Navigator is an independent research and analysis platform and is not affiliated with, endorsed by, or connected to OSHA, the Department of Labor, or any federal agency. Information is provided for research, educational, and compliance planning purposes only and does not constitute legal advice. Penalty amounts shown are proposed penalties and may have been modified through contest proceedings or settlement.
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