Retailer Fined $2.7M for Willful OSHA Violations

On November 1, the Occupational Safety and Health Administration (OSHA) penalized a national retailer $2.7 million for willful OSHA violations. Similarly, this past October, OSHA fined the retailer (Dollar General Corp.) more than $1.6 million in penalties for putting its workers' safety at risk. Markedly, since 2017, Dollar General Corp. has received more than $12.3 million in initial penalties for numerous workplace safety violations. Previously, in April 2022, OSHA released its Top Ten OSHA Violations list for Fiscal Year 2021. OSHA annually compiles the list following inspections of worksites across all industries. This list highlights the top ten most frequently cited OSHA standards over the fiscal year.

 Noted Willful OSHA Violations at Dollar General

In general, OSHA performed seven inspections between April 28th, 2022, and June 3rd, 2022. Specifically, the inspections took place in the cities of:

• Clay, Dothan, Odenville, and Town Creek, Alabama;
• Darien and West Point, Georgia; and
• Panama City Beach, Florida

As a result, OSHA identified 11 violations similar to those found at other Dollar General stores where litigation is pending. Since these violations are similar in nature, the agency refers to them as "willful." The willful OSHA violations issued have qualified Dollar General for inclusion in the Severe Violator Enforcement Program. Additionally, OSHA cited Dollar General for 16 repeat and four serious violations. In addition to struck-by and blocked exit hazards, OSHA cited the company for:

• Failing to label, mount, or make fire extinguishers accessible;
• Storing boxes in front of electrical panels, increasing the risk of fire and electrical hazards;
• Failing to use exit signs to facilitate safe egress in the event of an emergency;
• Exposing workers to electrocution by not keeping unused openings in electrical cabinets closed; and
• Not providing handrails on stairs where required.

Employer's Duty to Prevent Workplace Safety Hazards

The Occupational Safety and Health Act of 1970 (OSH Act), which established OSHA, sets and enforces workplace safety and health standards. In doing so, it assures safe and healthful working conditions for working men and women. Notably, the OSH Act's "General Duty Clause" requires that all employers:

1. shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; and
2. shall comply with occupational safety and health standards promulgated under this Act.

To comply with the OSH Act's General Duty Clause and to avoid willful OSHA violations and costly litigation, employers should recognize and fix common workplace hazards. Indeed, these common workplace safety hazards include slip, trip, and fall hazards related to obstructed aisleways, spills, or failure to provide proper fall protection.