Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1627383.015
Citation: 01001
Citation Type: Serious
Abatement Date: 04/24/2023 2
Initial Penalty: $156,259.00
Current Penalty: $90,000.00
Issuance Date: 03/29/2023
Nr Instances: 1
Nr Exposed: 20
Related Event Code (REC): A
Gravity: 10
Report ID: 0336000
Contest Date: 04/18/2023
Final Order: 06/15/2023
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 06/15/2023 | $90,000.00 | 04/24/2023 | Serious | |
Penalty | C: Contested | 05/11/2023 | $156,259.00 | 04/24/2023 | Willful | |
Penalty | Z: Issued | 03/29/2023 | $156,259.00 | 04/24/2023 | Willful |
Text For Citation: 01 Item/Group: 001 Hazard:
Section 5(a)(1) of the OSH Act: Employer failed to furnish to each of its employees employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm. Employees were exposed to a struck-by hazard that existed because a defective garage door used by employees would not stay securely in place in the raised/open position: a.) Sam's Club #6675 Erie, PA/DSD Vendor Door: On or about September 30, 2022, and times prior thereto, employees opened the DSD Vendor overhead door to gain access to the exterior of the building to deliver merchandise to customers, and for other purposes. The mechanism for keeping the door in the raised/open position was broken, so that employees were exposed to the danger of the door lowering to the closed position suddenly and with great force. On September 30, 2022, a 20-year-old employee was struck by the door when it closed at an unexpectedly high rate of speed. The employee later died of his injuries. Abatement Note: Among other methods, feasible means of abatement include locking the door out of service until repairs could be completed, or using a danger tag as permitted under 29 C.F.R. � 1910.145(f)(3) and (f)(5) until repairs could be completed.