Tier 2 Severe

MARK LEE AND YONG KAY, INC.

📍 201 HEGENBERGER RD, OAKLAND, CA 94621🏭 Construction (NAICS 237110)📅 2018-04-30
$78,215.00
Total Penalties
9
Citations
54/100
Risk Score
412
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, MARK LEE AND YONG KAY, INC. — a construction facility located at 201 HEGENBERGER RD, OAKLAND, CA 94621 — was the subject of a formal OSHA inspection that resulted in 9 citation(s) and cumulative proposed penalties of $78,215.00. The inspection case was opened on 2018-04-30.

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.

Industry Benchmark: The total penalty of $78,215.00 is more than 21.7× the national average of $3,609.14 for facilities in the Construction sector (NAICS 237110). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within CA, this facility's penalty places it at the 100th percentile among 184,062 inspected facilities. The statewide average penalty is $3,010.44.

Citation Analysis: The inspection produced 9 citations spanning 1 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. 3 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 October 19, 2018 with the latest abatement deadline set for November 15, 2018. Of the 9 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 cumulative penalty of $78,215.00 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 $8,690.56 falls within the standard penalty range.

The enforcement record for Mark Lee and Yong Kay, Inc. reveals a profound systemic collapse of safety

Citation Matrix — 9 Citations
OSHA Std. 1509(E)
Other-than-Serious
Penalty: $675.00Gravity: 10Issued: October 19, 2018Abated: Pending
OSHA Std. 1512(B)
Other-than-Serious
Penalty: $0.00Gravity: 10Issued: October 19, 2018Abated: Pending
OSHA Std. 3385(A)
Other-than-Serious
Penalty: $450.00Gravity: 10Issued: October 19, 2018Abated: Pending
OSHA Std. 3395(H)(1)
Other-than-Serious
Penalty: $0.00Gravity: 10Issued: October 19, 2018Abated: Pending
OSHA Std. 3395(I)
Other-than-Serious
Penalty: $675.00Gravity: 10Issued: October 19, 2018Abated: Pending
OSHA Std. 1509(A)
Serious
Penalty: $8,100.00Gravity: 10Issued: October 19, 2018Abated: Pending
OSHA Std. 1541(K)(1)
Serious
Penalty: $810.00Gravity: 10Issued: October 19, 2018Abated: Pending
29 CFR 1541.1(g)
Willful
Penalty: $54,905.00Gravity: 10Issued: October 19, 2018Abated: Pending
OSHA Std. 5049(D)
Serious
Penalty: $12,600.00Gravity: 10Issued: October 19, 2018Abated: 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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