J&E HERNANDEZ CONSTRUCTION

According to U.S. Department of Labor enforcement records, J&E HERNANDEZ CONSTRUCTION — a roofing contractors facility located at 1823 MAPLETON AVE, BISMARCK, ND 58503 — was the subject of a formal OSHA inspection that resulted in 1 citation(s) and cumulative proposed penalties of $40,000.00. The inspection case was opened on 2023-06-26.

DOL records document workplace safety violations warranting formal citation under the OSH Act. While classified at the standard enforcement level, all OSHA citations require corrective action and may indicate areas where workplace safety programs should be strengthened.

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 $40,000.00 is more than 11.1× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238160). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within ND, this facility's penalty places it at the 99th percentile among 7,285 inspected facilities. The statewide average penalty is $2,884.40.

Citation Analysis: The inspection produced 1 citations spanning 1 distinct OSHA regulatory standards. The citation breakdown includes: 1 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order.

Enforcement Timeline: Citations were issued beginning September 15, 2023 with the latest abatement deadline set for Date Not Recorded. Of the 1 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 $40,000.00 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 enforcement action against J&E Hernandez Construction reveals a profound systemic failure to internalize fundamental life-safety protocols within a high-hazard industry. The issuance of a Repeat violation under 29 CFR 1926.501(b)(10) signifies that management was previously alerted to the specific hazards associated with