Inspection Detail

Note: The following inspection has not been indicated as closed. OSHA citation items will be posted 30 (thirty) days after the employer receives the citation(s), except in cases of significant public interest. Posted citation items reflect any amendments to citations that are the result of a prompt settlement, which OSHA encourages. Employers and employee representatives will continue to receive copies of the citation(s) upon issuance.

Inspection: 1764048.015 - Legend Larry'S Llc

Inspection Information - Office: Appleton Area Office

Investigation Summary

At 9:20 a.m. on July 6, 2024, an employee working as a janitor for a restaurant was working alone retrieving trash bags. The employee walked into the storage room, which was located along the north wall of the kitchen. The storage room contained a hatch to the cellar in the floor, which was open when the employee entered the room. The employee stepped in the hatch and fell down a flight of stairs to the concrete cellar floor. The storage room and cellar lights were not on when the employee entered the space. The floor and hatch, as well as the stairs to the cellar, were painted black and were difficult to differentiate in low light. The employee fell down nine stairs and sustained blunt force trauma to her head. At approximately 10:55 a.m., roughly 22 minutes after she exited the cellar, the employee walked outside the building where a passerby found her and called emergency services. The employee was transported to the local hospital and was later transferred to another hospital for medical treatment. On July 16, 2024, the employee died from her injuries including fractures to the left and right sides of her skull, a brain bleed and a stroke.

Keywords: Basement, Blunt force, Blunt force trauma, Brain, Brain Bleed, Concrete Floor, Concussion, Contusion, Face, Fracture, Hatch, Head, Janitor, Lack of Engineering Controls, Lack of Work Procedures, Lighting, Misjudgment, Misjudgment of Hazardous Situation, Poor Visibility, Restaurant, Skull, Stair, Storage Area, Storage Room, Traumatic Brain Injury, Walking Surface, Work Surface