JAMES KIM

According to U.S. Department of Labor enforcement records, JAMES KIM — a lessors of nonresidential buildings (except miniwarehouses) facility located at #1 ELM STREET, SPARTANBURG, SC 29303 — was the subject of a formal OSHA inspection that resulted in 19 citation(s) and cumulative proposed penalties of $39,700.00. The inspection case was opened on 2008-12-30.

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.

BLS Injury Data: According to the Bureau of Labor Statistics (2022), this industry sector has an occupational injury rate of 2.5 per 100 full-time workers — near the national average of 2.7. The sector fatality rate is 3.3 per 100,000 workers.

Industry Benchmark: The total penalty of $39,700.00 is more than 12.5× the national average of $3,186.32 for facilities in the Other sector (NAICS 531120). This sector encompasses 8,577 inspected facilities nationwide with aggregate penalties totaling $27.3M.

State Context: Within SC, this facility's penalty places it at the 100th percentile among 39,390 inspected facilities. The statewide average penalty is $977.57.

Citation Analysis: The inspection produced 19 citations spanning 1 distinct OSHA regulatory standards. The citation breakdown includes: 14 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 1 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 April 21, 2009 with the latest abatement deadline set for April 27, 2009. Of the 19 total citations, 15 (79%) have been marked as abated in DOL records, suggesting partial progress toward required corrective actions.

Penalty Assessment: The cumulative penalty of $39,700.00 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 $2,089.47 falls within the standard penalty range.

The inspection of this facility revealed a catastrophic systemic failure to manage asbestos-containing materials (ACM) during renovation