Tier 2 Severe

HARCO CONSTRUCTION LLC AKA H & H BUILDERS INC.

📍 19 9TH AVE, NEW YORK, NY 10014🏭 Construction (NAICS 236220)📅 2015-04-06
$85,000.00
Total Penalties
2
Citations
53/100
Risk Score
440
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, HARCO CONSTRUCTION LLC AKA H & H BUILDERS INC. — a construction facility located at 19 9TH AVE, NEW YORK, NY 10014 — was the subject of a formal OSHA inspection that resulted in 2 citation(s) and cumulative proposed penalties of $85,000.00. The inspection case was opened on 2015-04-06.

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 $85,000.00 is more than 23.6× the national average of $3,609.14 for facilities in the Construction sector (NAICS 236220). 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 100th percentile among 140,736 inspected facilities. The statewide average penalty is $2,208.33.

Citation Analysis: The inspection produced 2 citations spanning 2 distinct OSHA regulatory standards. The citation breakdown includes: 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 October 5, 2015 with the latest abatement deadline set for October 9, 2015. Of the 2 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 per-citation average of $42,500.00 exceeds OSHA's FY2024 statutory maximum of $16,131 for serious violations, indicating the presence of willful or repeat classifications that carry enhanced penalty authority under Section 17 of the OSH Act.

The inspection of this New York City commercial construction site revealed a profound and intentional disregard for fundamental trenching and excavation safety, culminating in two high-gravity Willful violations. The citation of 1926.652(a)(1) signifies that management knowingly permitted employees to work in excavations without mandated cave-in protection systems, while the violation of 1926.651(i)(3) indicates a failure to ensure the stability of adjacent structures, a critical hazard in dense urban environments. From a legal and regulatory perspective, the "Willful" designation is the most severe administrative classification, reflecting a determination that Harco Construction acted with either intentional

Citation Matrix — 2 Citations
29 CFR 1926.651(i)(03)
Willful
Penalty: $0.00Gravity: 5Issued: October 5, 2015Abated: Pending
29 CFR 1926.652(a)(01)
Willful
Penalty: $85,000.00Gravity: 10Issued: October 5, 2015Abated: 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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