Tier 3 Elevated

JOHN PONCE DBA PONCE CONSTRUCTION AND REPAIRTOWNEY

📍 PARK EAST, 158 LOUIE PLACE, LEXINGTON, KY 40511🏭 Construction (NAICS 238160)📅 2012-03-21
$99,400.00
Total Penalties
5
Citations
36/100
Risk Score
385
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, JOHN PONCE DBA PONCE CONSTRUCTION AND REPAIRTOWNEY — a construction facility located at PARK EAST, 158 LOUIE PLACE, LEXINGTON, KY 40511 — was the subject of a formal OSHA inspection that resulted in 5 citation(s) and cumulative proposed penalties of $99,400.00. The inspection case was opened on 2012-03-21.

Cumulative penalties significantly exceed the national median for OSHA enforcement actions. The penalty amount suggests multiple high-gravity citations, indicating conditions that presented a substantial probability of death or serious physical harm to employees.

Industry Benchmark: The total penalty of $99,400.00 is more than 27.5× 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 KY, this facility's penalty places it at the 100th percentile among 26,562 inspected facilities. The statewide average penalty is $2,754.01.

Citation Analysis: The inspection produced 5 citations spanning 3 distinct OSHA regulatory standards. The citation breakdown includes: 1 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 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 1 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 September 7, 2012 with the latest abatement deadline set for September 17, 2012. Of the 5 total citations, 1 (20%) 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 $19,880.00 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 profile for John Ponce dba Ponce Construction and Repair reveals a high-

Citation Matrix — 5 Citations
29 CFR 1926.501(b)(11)
Fall Protection Scope & Applications (Construction)
Serious
Penalty: $70,000.00Gravity: nanIssued: September 7, 2012Abated: ✓ Yes
29 CFR 1926.503(a)(02)
Fall Protection Training
Repeat
Penalty: $21,000.00Gravity: nanIssued: September 7, 2012Abated: Pending
29 CFR 1926.503(c)(03)
Fall Protection Training
Repeat
Penalty: $0.00Gravity: nanIssued: September 7, 2012Abated: Pending
29 CFR 1926.1053(b)(01)
Ladders (Construction)
Repeat
Penalty: $8,400.00Gravity: nanIssued: September 7, 2012Abated: Pending
29 CFR 1926.503(b)(01)
Fall Protection Training
Other-than-Serious
Penalty: $0.00Gravity: nanIssued: September 7, 2012Abated: 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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