Tier 4 Systematic

WHARTON-SMITH, INC.

📍 POND BAY, ST. JOHN, VI 00830🏭 New Multifamily Housing Construction (except For-Sale Builders) (NAICS 236116)📅 2009-03-26
$787.50
Total Penalties
11
Citations
15/100
Risk Score
384
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, WHARTON-SMITH, INC. — a new multifamily housing construction (except for-sale builders) facility located at POND BAY, ST. JOHN, VI 00830 — was the subject of a formal OSHA inspection that resulted in 11 citation(s) and cumulative proposed penalties of $787.50. The inspection case was opened on 2009-03-26.

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 $787.50 is 78% below 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 VI, this facility's penalty places it at the 69th percentile among 3,127 inspected facilities. The statewide average penalty is $1,798.47.

Citation Analysis: The inspection produced 11 citations spanning 5 distinct OSHA regulatory standards. The citation breakdown includes: 7 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 4 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 April 22, 2009 with the latest abatement deadline set for May 6, 2009. Of the 11 total citations, 11 (100%) have been marked as abated in DOL records, indicating substantial compliance with corrective action requirements.

Penalty Assessment: The total proposed penalty of $787.50 falls within OSHA's standard enforcement range and may have been adjusted through informal settlement conference procedures, penalty reduction factors, or good faith credit for demonstrated safety and health management systems.

Industry Benchmark (VI)

This facility's $788 penalty is higher than 25% of all penalized companies in the NAICS 236116 industry in VI. The state average penalty for this industry is $8,878.

$8,878
State Avg
$788
This Facility
Citation Matrix — 11 Citations
29 CFR 1926.451(b)(05)
Scaffolding Safety Requirements
Serious
Penalty: $0.00Gravity: 02Issued: April 22, 2009Abated: ✓ Yes
29 CFR 1926.451(c)(02)
Scaffolding Safety Requirements
Serious
Penalty: $0.00Gravity: 01Issued: April 22, 2009Abated: ✓ Yes
29 CFR 1926.451(g)(04)
Scaffolding Safety Requirements
Serious
Penalty: $350.00Gravity: 02Issued: April 22, 2009Abated: ✓ Yes
29 CFR 1926.501(b)(01)
Fall Protection Scope & Applications (Construction)
Serious
Penalty: $0.00Gravity: 03Issued: April 22, 2009Abated: ✓ Yes
29 CFR 1926.501(b)(14)
Fall Protection Scope & Applications (Construction)
Serious
Penalty: $0.00Gravity: 02Issued: April 22, 2009Abated: ✓ Yes
29 CFR 1926.451(b)(05)
Scaffolding Safety Requirements
Serious
Penalty: $262.50Gravity: 02Issued: April 22, 2009Abated: ✓ Yes
29 CFR 1926.451(c)(02)
Scaffolding Safety Requirements
Serious
Penalty: $0.00Gravity: 01Issued: April 22, 2009Abated: ✓ Yes
29 CFR 1926.25(a)
Other-than-Serious
Penalty: $175.00Gravity: 03Issued: April 22, 2009Abated: ✓ Yes
29 CFR 1926.403(g)
Other-than-Serious
Penalty: $0.00Gravity: 01Issued: April 22, 2009Abated: ✓ Yes
29 CFR 1926.405(b)(02)
Other-than-Serious
Penalty: $0.00Gravity: 01Issued: April 22, 2009Abated: ✓ Yes
29 CFR 1926.501(b)(14)
Fall Protection Scope & Applications (Construction)
Other-than-Serious
Penalty: $0.00Gravity: 02Issued: April 22, 2009Abated: ✓ Yes
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 ST. JOHN, VI (Exact Industry)

WHARTON-SMITH, INC. (This Facility)
$788
11 cit.
JOE HYLTON CONSTRUCTION MANAGEMENT, INC.
$5.0K
6 cit.
GEC, LLC
$1.6K
5 cit.
BENTON CONSTRUCTION COMPANY, INC.
$375
1 cit.
More VI Enforcement Records
LIMETREE BAY REFINING, LLC.
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$259.4K
20 cit.
CARICEMENT USVI CORP.
ST THOMAS, VI
$155.0K
70 cit.
THE HOME DEPOT USA, INC
ST THOMAS, VI
$110.6K
6 cit.
HIGH QUALITY CONCRETE
CHRISTIANSTED, VI
$75.7K
17 cit.
KMART CORPORATION
CHRISTIANSTED, VI
$59.1K
4 cit.
Other Inspected Facilities in ST. JOHN, VI
JOE HYLTON CONSTRUCTION MANAGEMENT, INC.
$5.0K
6 cit.
3V CONSTRUCTION INC.
$3.9K
9 cit.
RDL CONSTRUCTION
$2.8K
4 cit.
C.F. ROSENBERG COMPANIES
$2.5K
16 cit.
AMERICAN BRIDGE
$2.4K
3 cit.
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Explore more: OSHA enforcement in ST. JOHN · VI data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was WHARTON-SMITH, INC. cited for?

WHARTON-SMITH, INC. received 11 citation(s) covering 5 distinct OSHA standards. Total proposed penalties were $787.50. The inspection opened on 2009-03-26.

How much was WHARTON-SMITH, INC. fined by OSHA?

OSHA proposed penalties of $787.50 against WHARTON-SMITH, INC. in ST. JOHN, VI. Average per citation: $71.59.

Is WHARTON-SMITH, INC. a safe workplace?

Based on enforcement records, WHARTON-SMITH, INC. has a risk score of 15 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 New Multifamily Housing Construction (except For-Sale Builders) facilities is $3,609.14. This facility penalty of $787.50 is below the industry average.