Tier 2 Severe

JOHN PONCE DBA PONCE CONSTRUCTION & REPAIR

📍 495 LAKETOWER DRIVE, LEXINGTON, KY 40502🏭 Construction (NAICS 238160)📅 2012-05-03
$82,600.00
Total Penalties
3
Citations
67/100
Risk Score
404
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, JOHN PONCE DBA PONCE CONSTRUCTION & REPAIR — a construction facility located at 495 LAKETOWER DRIVE, LEXINGTON, KY 40502 — was the subject of a formal OSHA inspection that resulted in 3 citation(s) and cumulative proposed penalties of $82,600.00. The inspection case was opened on 2012-05-03.

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 $82,600.00 is more than 22.9× 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 3 citations spanning 3 distinct OSHA regulatory standards. The citation breakdown includes: 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. 1 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 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.

Enforcement Timeline: Citations were issued beginning April 9, 2012 with the latest abatement deadline set for April 13, 2012. Of the 3 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 $27,533.33 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 record for John Ponce dba Ponce Construction & Repair reveals a high-gravity profile characterized by a

Citation Matrix — 3 Citations
29 CFR 1926.501(b)(10)
Fall Protection Scope & Applications (Construction)
Willful
Penalty: $70,000.00Gravity: nanIssued: April 9, 2012Abated: Pending
29 CFR 1926.503(a)(01)
Fall Protection Training
Repeat
Penalty: $8,400.00Gravity: nanIssued: April 9, 2012Abated: Pending
29 CFR 1926.1053(b)(01)
Ladders (Construction)
Serious
Penalty: $4,200.00Gravity: nanIssued: April 9, 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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