Tier 2 Severe

ESMOKE

📍 687 PROSPECT STREET #455, LAKEWOOD, NJ 08701🏭 Retail Trade (NAICS 453991)📅 2012-09-24
$97,500.00
Total Penalties
21
Citations
74/100
Risk Score
407
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, ESMOKE — a retail trade facility located at 687 PROSPECT STREET #455, LAKEWOOD, NJ 08701 — was the subject of a formal OSHA inspection that resulted in 21 citation(s) and cumulative proposed penalties of $97,500.00. The inspection case was opened on 2012-09-24.

Federal investigators determined that one or more violations at this facility were committed willfully — meaning the employer either knowingly failed to comply with OSHA standards or acted with plain indifference to employee safety. Willful violations carry the highest penalty multipliers under the OSH Act.

Industry Benchmark: The total penalty of $97,500.00 is more than 15.1× the national average of $6,467.77 for facilities in the Retail sector (NAICS 453991). This sector encompasses 10,854 inspected facilities nationwide with aggregate penalties totaling $70.2M.

State Context: Within NJ, this facility's penalty places it at the 100th percentile among 81,999 inspected facilities. The statewide average penalty is $3,616.41.

Citation Analysis: The inspection produced 21 citations spanning 6 distinct OSHA regulatory standards. The citation breakdown includes: 11 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 2 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm. 2 willful — The employer intentionally and knowingly committed the violation, demonstrating either an intentional disregard for the requirements of the OSH Act or plain indifference to employee safety and health.

Enforcement Timeline: Citations were issued beginning March 21, 2013 with the latest abatement deadline set for April 11, 2013. Of the 21 total citations, 0 (0%) have been marked as abated in DOL records, which may indicate ongoing compliance gaps requiring further regulatory attention.

Penalty Assessment: The cumulative penalty of $97,500.00 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 $4,642.86 falls within the standard penalty range.

The enforcement profile for ESMOKE reveals a profound breakdown in safety management, characterized by a staggering $97

Citation Matrix — 21 Citations
29 CFR 1910.138(a)
Respiratory Protection
Serious
Penalty: $2,500.00Gravity: 5Issued: March 21, 2013Abated: Pending
29 CFR 1910.141(g)(02)
Serious
Penalty: $1,500.00Gravity: 1Issued: March 21, 2013Abated: Pending
29 CFR 1910.157(c)(01)
Portable Fire Extinguishers
Serious
Penalty: $1,000.00Gravity: 5Issued: March 21, 2013Abated: Pending
29 CFR 1910.157(g)(02)
Portable Fire Extinguishers
Serious
Penalty: $3,000.00Gravity: 5Issued: March 21, 2013Abated: Pending
29 CFR 1910.1200(e)(01)
Hazard Communication Standard (Chemical Safety)
Serious
Penalty: $3,500.00Gravity: 10Issued: March 21, 2013Abated: Pending
29 CFR 1910.1200(f)(05)
Hazard Communication Standard (Chemical Safety)
Serious
Penalty: $3,500.00Gravity: 10Issued: March 21, 2013Abated: Pending
29 CFR 1910.1200(f)(05)
Hazard Communication Standard (Chemical Safety)
Serious
Penalty: $0.00Gravity: 1Issued: March 21, 2013Abated: Pending
29 CFR 1910.1200(g)(01)
Hazard Communication Standard (Chemical Safety)
Serious
Penalty: $2,000.00Gravity: 5Issued: March 21, 2013Abated: Pending
29 CFR 1910.1200(g)(08)
Hazard Communication Standard (Chemical Safety)
Serious
Penalty: $3,500.00Gravity: 10Issued: March 21, 2013Abated: Pending
29 CFR 1910.133(a)(01)
Eye & Face Protection
Other-than-Serious
Penalty: $0.00Gravity: nanIssued: March 21, 2013Abated: Pending
29 CFR 1910.141(c)(01)
Other-than-Serious
Penalty: $0.00Gravity: nanIssued: March 21, 2013Abated: Pending
29 CFR 1910.1200(h)(01)
Hazard Communication Standard (Chemical Safety)
Serious
Penalty: $3,500.00Gravity: 10Issued: March 21, 2013Abated: Pending
29 CFR 1910.133(a)(01)
Eye & Face Protection
Willful
Penalty: $40,000.00Gravity: 10Issued: March 21, 2013Abated: Pending
29 CFR 1910.138(a)
Respiratory Protection
Willful
Penalty: $20,000.00Gravity: 5Issued: March 21, 2013Abated: Pending
29 CFR 1910.37(a)(03)
Maintenance of Exit Routes
Serious
Penalty: $2,500.00Gravity: 5Issued: March 21, 2013Abated: Pending
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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