Tier 2 Severe

SP&K CONSTRUCTION, INC.

📍 2929 BRIGHTON 5TH ST., BROOKLYN, NY 11235🏭 Construction (NAICS 236116)📅 2011-11-08
$77,880.00
Total Penalties
12
Citations
66/100
Risk Score
533
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, SP&K CONSTRUCTION, INC. — a construction facility located at 2929 BRIGHTON 5TH ST., BROOKLYN, NY 11235 — was the subject of a formal OSHA inspection that resulted in 12 citation(s) and cumulative proposed penalties of $77,880.00. The inspection case was opened on 2011-11-08.

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 $77,880.00 is more than 21.6× the national average of $3,609.14 for facilities in the Construction sector (NAICS 236116). 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 100th percentile among 140,736 inspected facilities. The statewide average penalty is $2,208.33.

Citation Analysis: The inspection produced 12 citations spanning 9 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. 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. 2 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm.

Enforcement Timeline: Citations were issued beginning May 7, 2012 with the latest abatement deadline set for May 24, 2012. Of the 12 total citations, 6 (50%) have been marked as abated in DOL records, suggesting partial progress toward required corrective actions.

Penalty Assessment: The cumulative penalty of $77,880.00 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 $6,490.00 falls within the standard penalty range.

The enforcement profile for SP&K Construction, Inc. reveals a high-risk operational environment characterized by a flagrant disregard for fundamental fall protection and structural stability protocols. The assessment of twelve citations, headlined by a significant Willful violation under 1926.754(a), indicates a systemic failure rather than isolated negligence. This Willful designation is legally significant as it demonstrates that management either acted with intentional disregard for OSHA requirements or showed plain indifference to worker safety regarding structural steel assembly. The $46,200 penalty for this single item, which is substantially higher than the industry average for residential multifamily construction, underscores the severity of the hazard: workers were likely exposed to catastrophic collapse risks or falls from unsecured structural members. The citation pattern further identifies a comprehensive breakdown in the company’s safety culture, spanning scaffolding (1926.451), steel erection (1926.760), and general fall protection (1926.501). By failing to provide

Citation Matrix — 12 Citations
29 CFR 1926.451(f)(07)
Scaffolding Safety Requirements
Serious
Penalty: $3,300.00Gravity: 05Issued: May 7, 2012Abated: ✓ Yes
29 CFR 1926.451(g)(01)
Scaffolding Safety Requirements
Serious
Penalty: $4,620.00Gravity: 10Issued: May 7, 2012Abated: ✓ Yes
29 CFR 1926.452(c)(02)
Serious
Penalty: $3,300.00Gravity: 05Issued: May 7, 2012Abated: ✓ Yes
29 CFR 1926.454(a)
Serious
Penalty: $3,300.00Gravity: 05Issued: May 7, 2012Abated: Pending
29 CFR 1926.501(b)(01)
Fall Protection Scope & Applications (Construction)
Serious
Penalty: $4,620.00Gravity: 10Issued: May 7, 2012Abated: ✓ Yes
29 CFR 1926.503(a)(01)
Fall Protection Training
Serious
Penalty: $3,300.00Gravity: 05Issued: May 7, 2012Abated: Pending
29 CFR 1926.503(b)(01)
Fall Protection Training
Serious
Penalty: $0.00Gravity: 01Issued: May 7, 2012Abated: Pending
29 CFR 1926.760(a)(01)
Serious
Penalty: $4,620.00Gravity: 10Issued: May 7, 2012Abated: ✓ Yes
29 CFR 1926.761(b)
Serious
Penalty: $3,300.00Gravity: 05Issued: May 7, 2012Abated: Pending
29 CFR 1926.754(a)
Willful
Penalty: $46,200.00Gravity: 10Issued: May 7, 2012Abated: ✓ Yes
29 CFR 1904.29(b)(01)
Recordkeeping — Injury & Illness Log
Other-than-Serious
Penalty: $660.00Gravity: 00Issued: May 7, 2012Abated: Pending
29 CFR 1904.29(b)(02)
Recordkeeping — Injury & Illness Log
Other-than-Serious
Penalty: $660.00Gravity: 00Issued: May 7, 2012Abated: 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.
More NY Enforcement Records
ALJ HOME IMPROVEMENT INC
SPRING VALLEY, NY
$1.3M
12 cit.
FRAZER & JONES, LLC
SYRACUSE, NY
$1.0M
34 cit.
DME CONSTRUCTION ASSOCIATES INC.
OLD BETHPAGE, NY
$600.0K
13 cit.
MC WANE, INC. DBA KENNEDY VALVE
ELMIRA, NY
$575.4K
204 cit.
ELITE ROOFING SERVICES, INC.
GLEN COVE, NY
$522.5K
7 cit.