Tier 5 Standard

KEMP CONSTRUCTION INC.

📍 220 JOHN STREET, ROCHESTER, NY 14623🏭 Masonry Contractors (NAICS 238140)📅 2010-03-17
$7,800.00
Total Penalties
9
Citations
5/100
Risk Score
362
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, KEMP CONSTRUCTION INC. — a masonry contractors facility located at 220 JOHN STREET, ROCHESTER, NY 14623 — was the subject of a formal OSHA inspection that resulted in 9 citation(s) and cumulative proposed penalties of $7,800.00. The inspection case was opened on 2010-03-17.

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 $7,800.00 is more than 2.2× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238140). 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 94th percentile among 140,736 inspected facilities. The statewide average penalty is $2,208.33.

Citation Analysis: The inspection produced 9 citations spanning 4 distinct OSHA regulatory standards. The citation breakdown includes: 9 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 February 19, 2010 with the latest abatement deadline set for May 24, 2010. Of the 9 total citations, 6 (67%) have been marked as abated in DOL records, suggesting partial progress toward required corrective actions.

Penalty Assessment: The total proposed penalty of $7,800.00 falls within OSHA's standard enforcement range and may have been adjusted through informal settlement conference procedures, penalty reduction factors, or good faith credit for demonstrated safety and health management systems.

Citation Matrix — 9 Citations
29 CFR 1926.451(f)(07)
Scaffolding Safety Requirements
Serious
Penalty: $1,500.00Gravity: 10Issued: April 20, 2010Abated: ✓ Yes
29 CFR 1926.451(g)(01)
Scaffolding Safety Requirements
Serious
Penalty: $1,500.00Gravity: 10Issued: April 20, 2010Abated: Pending
29 CFR 1926.454(b)(02)
Serious
Penalty: $1,000.00Gravity: 10Issued: April 20, 2010Abated: ✓ Yes
29 CFR 1926.454(a)
Serious
Penalty: $1,000.00Gravity: 10Issued: February 19, 2010Abated: ✓ Yes
29 CFR 1926.1053(a)(14)
Ladders (Construction)
Serious
Penalty: $500.00Gravity: 03Issued: February 19, 2010Abated: Pending
29 CFR 1910.1200(e)(01)
Hazard Communication Standard (Chemical Safety)
Serious
Penalty: $300.00Gravity: 02Issued: February 19, 2010Abated: ✓ Yes
29 CFR 1910.1200(h)(01)
Hazard Communication Standard (Chemical Safety)
Serious
Penalty: $0.00Gravity: 02Issued: February 19, 2010Abated: ✓ Yes
29 CFR 1926.451(f)(07)
Scaffolding Safety Requirements
Serious
Penalty: $1,000.00Gravity: 10Issued: February 19, 2010Abated: ✓ Yes
29 CFR 1926.451(g)(01)
Scaffolding Safety Requirements
Serious
Penalty: $1,000.00Gravity: 10Issued: February 19, 2010Abated: 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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