SCALAMANDRE AND SONS INC.

According to U.S. Department of Labor enforcement records, SCALAMANDRE AND SONS INC. — a industry sector 00 facility located at K.MART STORE, BAY PLAZA MALL, BRONX, NY 10036 — was the subject of a formal OSHA inspection that resulted in 4 citation(s) and cumulative proposed penalties of $62,000.00. The inspection case was opened on 1994-06-27.

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.

State Context: Within NY, this facility's penalty places it at the 100th percentile among 140,736 inspected facilities. The statewide average penalty is $2,208.33.

Citation Analysis: The inspection produced 4 citations spanning 3 distinct OSHA regulatory standards. The citation breakdown includes: 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 4, 1994 with the latest abatement deadline set for October 7, 1994. Of the 4 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 $62,000.00 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 $15,500.00 falls within the standard penalty range.

The enforcement profile for Scalamandre and Sons Inc. at the Bay Plaza Mall site underscores a profound breakdown in fundamental excavation safety protocols, characterized by a blatant disregard for cave-in protection. The presence of a "Willful" violation under 1926.652(a)(1)—carrying a $50,000 penalty that significantly exceeded 1994