KMART HOLDINGS CORPORATION

According to U.S. Department of Labor enforcement records, KMART HOLDINGS CORPORATION — a retail trade facility located at TRI TOWNE SHOPPING CENTER, 101 E RT 70, STE 1, MARLTON, NJ 08053 — was the subject of a formal OSHA inspection that resulted in 13 citation(s) and cumulative proposed penalties of $39,000.00. The inspection case was opened on 2005-03-21.

The volume of citations issued during this inspection suggests systematic compliance deficiencies rather than isolated incidents. Facilities with 10 or more citations typically face comprehensive abatement requirements and may be subject to follow-up inspections.

BLS Injury Data: According to the Bureau of Labor Statistics (2022), this industry sector has an occupational injury rate of 3.1 per 100 full-time workers — 15% above the national average of 2.7. The sector fatality rate is 2.2 per 100,000 workers.

Industry Benchmark: The total penalty of $39,000.00 is more than 6.0× the national average of $6,467.77 for facilities in the Retail sector (NAICS 452112). This sector encompasses 10,854 inspected facilities nationwide with aggregate penalties totaling $70.2M.

State Context: Within NJ, this facility's penalty places it at the 99th percentile among 81,999 inspected facilities. The statewide average penalty is $3,616.41.

Citation Analysis: The inspection produced 13 citations spanning 11 distinct OSHA regulatory standards. The citation breakdown includes: 5 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm. 5 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.

Enforcement Timeline: Citations were issued beginning May 10, 2005 with the latest abatement deadline set for June 6, 2005. Of the 13 total citations, 9 (69%) have been marked as abated in DOL records, suggesting partial progress toward required corrective actions.

Penalty Assessment: The cumulative penalty of $39,000.00 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 $3,000.00 falls within the standard penalty range.

The enforcement record for this retail location reveals a deeply entrenched pattern of non-compliance,