Tier 4 Systematic

MICHAEL LEARY CONTRACTING, INC.

📍 25 PATHWOODS AVE, BURLINGTON, MA 01803🏭 Roofing Contractors (NAICS 238160)📅 2019-09-20
$26,143.00
Total Penalties
12
Citations
21/100
Risk Score
563
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, MICHAEL LEARY CONTRACTING, INC. — a roofing contractors facility located at 25 PATHWOODS AVE, BURLINGTON, MA 01803 — was the subject of a formal OSHA inspection that resulted in 12 citation(s) and cumulative proposed penalties of $26,143.00. The inspection case was opened on 2019-09-20.

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 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 $26,143.00 is more than 7.2× 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 MA, this facility's penalty places it at the 99th percentile among 60,671 inspected facilities. The statewide average penalty is $2,824.83.

Citation Analysis: The inspection produced 12 citations spanning 9 distinct OSHA regulatory standards. The citation breakdown includes: 12 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 December 26, 2019 with the latest abatement deadline set for January 15, 2020. Of the 12 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 $26,143.00 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 $2,178.58 falls within the standard penalty range.

The enforcement profile for Michael Leary Contracting, Inc. reveals a comprehensive breakdown in fundamental safety management within the residential roofing sector. The citation cluster indicates a systemic failure to implement basic life-safety protocols, most notably regarding fall protection (1926.501(b)(13)) and ladder safety (1926.1053), which are the primary drivers of fatalities in this NAICS code. The presence of gravity-10 ratings across multiple standards—including electrical safety and training requirements—demonstrates that workers were exposed to high-probability, high-severity hazards without the mitigation of required personal protective equipment or safety orientation. Of particular concern is the combination of Section 5(a)(1) General Duty Clause violations and specific training deficiencies (1926.21(b)(2)). This synthesis suggests that the employer failed to recognize and address known industry hazards, indicating a reactive rather than proactive safety culture. While the total penalty of $26,143 is substantial for a specialized trade contractor, the gravity-based assessments suggest that OSHA identified multiple "Serious" conditions that could have resulted in permanent disability or death. The breadth of these citations—ranging from head protection and electrical proximity to fall arrest systems—points toward a lack of competent person oversight on-site, transforming a routine job site into a high-risk environment through administrative and operational negligence.

Industry Benchmark (MA)

This facility's $26,143 penalty is higher than 97% of all penalized companies in the NAICS 238160 industry in MA. The state average penalty for this industry is $6,953.

$6,953
State Avg
$26,143
This Facility
Citation Matrix — 12 Citations
OSHA Std. 5A0001
Serious
Penalty: $2,842.00Gravity: 5Issued: December 26, 2019Abated: Pending
29 CFR 1926.20(b)(02)
Construction Safety Training & Education
Serious
Penalty: $2,842.00Gravity: 5Issued: December 26, 2019Abated: Pending
29 CFR 1926.21(b)(02)
Safety Training & Education Programs
Serious
Penalty: $3,978.00Gravity: 10Issued: December 26, 2019Abated: Pending
29 CFR 1926.503(a)(01)
Fall Protection Training
Serious
Penalty: $0.00Gravity: 10Issued: December 26, 2019Abated: Pending
29 CFR 1926.1060(a)
Serious
Penalty: $0.00Gravity: 10Issued: December 26, 2019Abated: Pending
29 CFR 1926.100(a)
Fall Protection (Construction)
Serious
Penalty: $3,410.00Gravity: 5Issued: December 26, 2019Abated: Pending
29 CFR 1926.416(a)(01)
Electrical Safety (Construction)
Serious
Penalty: $3,978.00Gravity: 10Issued: December 26, 2019Abated: Pending
29 CFR 1926.501(b)(13)
Fall Protection Scope & Applications (Construction)
Serious
Penalty: $3,978.00Gravity: 10Issued: December 26, 2019Abated: Pending
29 CFR 1926.502(d)(06)
Fall Protection Systems Criteria
Serious
Penalty: $0.00Gravity: 5Issued: December 26, 2019Abated: Pending
29 CFR 1926.1053(b)(01)
Ladders (Construction)
Serious
Penalty: $2,842.00Gravity: 5Issued: December 26, 2019Abated: Pending
29 CFR 1926.1053(b)(15)
Ladders (Construction)
Serious
Penalty: $2,273.00Gravity: 5Issued: December 26, 2019Abated: Pending
29 CFR 1926.1053(b)(16)
Ladders (Construction)
Serious
Penalty: $0.00Gravity: 5Issued: December 26, 2019Abated: 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.
Local Competitor Benchmark

Comparing penalized facilities in BURLINGTON, MA (Exact Industry)

MICHAEL LEARY CONTRACTING, INC. (This Facility)
$26.1K
12 cit.
POWER CONSTRUCTION, LLC
$45.7K
2 cit.
GUALLPA CONTRACTING CORP
$43.1K
6 cit.
TWIN PINES CONSTRUCTION INC. / TELES CONSTRUCTION INC.
$37.7K
12 cit.
More MA Enforcement Records
ATLANTIC COAST UTILITIES, LLC, ADVANCED UTILITIES, INCORPORATED
BOSTON, MA
$1.4M
32 cit.
TEWKSBURY INDUSTRIES, INC.
TEWKSBURY, MA
$768.6K
61 cit.
WYMAN-GORDON CO. EASTERN DIVISION
NO. GRAFTON, MA
$624.0K
203 cit.
BOSTIK, INC.
MIDDLETON, MA
$614.8K
56 cit.
TRIBE MEDITERRANEAN FOODS, INCORPORATED
TAUNTON, MA
$540.0K
18 cit.
Other Inspected Facilities in BURLINGTON, MA
UNICCO SERVICE COMPANY
$210.0K
3 cit.
TARGET CORPORATION
$176.0K
3 cit.
SUNRUN INSTALLATION SERVICES, INC.
$105.0K
3 cit.
USA DEMOLITION INCORPORATED
$54.0K
14 cit.
JK & T WINGS, INC.
$50.0K
14 cit.
Related Guides & Tools
OSHA Fines & Penalties Guide →
How OSHA calculates penalties and maximum fine amounts.
After an OSHA Inspection →
Citations, appeals, and penalty negotiation steps.
Top 10 OSHA Violations →
The most frequently cited standards nationwide.
Construction Safety Data →
Industry-wide violation stats and rankings.

Explore more: OSHA enforcement in BURLINGTON · Massachusetts data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was MICHAEL LEARY CONTRACTING, INC. cited for?

MICHAEL LEARY CONTRACTING, INC. received 12 citation(s) covering 9 distinct OSHA standards. Total proposed penalties were $26,143.00. The inspection opened on 2019-09-20.

How much was MICHAEL LEARY CONTRACTING, INC. fined by OSHA?

OSHA proposed penalties of $26,143.00 against MICHAEL LEARY CONTRACTING, INC. in BURLINGTON, MA. Average per citation: $2,178.58.

Is MICHAEL LEARY CONTRACTING, INC. a safe workplace?

Based on enforcement records, MICHAEL LEARY CONTRACTING, INC. has a risk score of 21 out of 100. 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.

How does this penalty compare to the industry average?

The average penalty for Roofing Contractors facilities is $3,609.14. This facility penalty of $26,143.00 is above the industry average.