Text For Citation: 02 Item/Group: 002 Hazard:

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause serious physical harm to employees, in that the employer delayed evaluation, care, and/or treatment from a medical provider beyond onsite medical representatives (OMRs), and returned injured workers to their regular jobs, which resulted in health outcomes such as, but not limited to, worsening of the injury, exacerbation of pain, and limited recovery from work-related injuries/illnesses that required medical treatment, for serious injuries such as but not limited to head concussions, and back injuries: a. Amazon ALB1 Fulfillment Center, located at 1835 US-9 Castleton-on-Hudson NY 12033: On or about 8/15/22 and thereafter: an employee sustained a back injury while lifting a box. The employee was not referred to an outside appropriately licensed medical provider and therefore received no formal medical evaluation despite persistent or worsening pain or disability. The employee was repeatedly sent back to their regular job, aggravating their injury and was not removed from job tasks despite reported pain levels up to 8 out of 10 and despite clear statements that job activities aggravated their pain. The Administering Medical Care to Amazonians Responsibly and Effectively (AMCARE) staff did not consult the Physician Help Line (PHL). The employee was then removed from work for 30 days and remains on restrictions. b. Amazon ALB1 Fulfillment Center, located at 1835 US-9 Castleton-on-Hudson NY 12033: On or about 8/15/22 and thereafter: an employee sustained a back injury while pulling cages. AMCARE did not follow their own Conservative Care Protocol and had no examination or reevaluation of symptoms, no consultation with the Physician Help Line, no outside medical referral or actual medical treatment. The employee was seen multiple times in AMCARE without referral to an appropriately licensed medical provider and repeatedly sent back to their regular job, clearly aggravating their back injury as they have ongoing back pain seven months after this injury. c. Amazon ALB1 Fulfillment Center, located at 1835 US-9 Castleton-on-Hudson NY 12033: On or about 12/8/22 and thereafter: an employee injured their back while pulling heavy items out of a trailer onto a conveyor belt. AMCARE staff did not conduct an appropriate evaluation, did not evaluate the effect of continued loading on the injury, did not consult the Physician Help Line, did not refer to an appropriate outside provider, did not implement prompt medical treatment, and did not initiate a workers compensation claim. The employee was repeatedly returned to their regular job, aggravating their back injury. d. Amazon ALB1 Fulfillment Center, located at 1835 US-9 Castleton-on-Hudson NY 12033: On or about 1/17/23 and thereafter: an employee working on Pack Single, experienced an aggravation to a prior low back injury. The employee was inadequately evaluated and received ineffective first aid treatment, with ongoing symptoms and pain recorded as up to 9 out of 10 in intensity. AMCARE failed to follow the Conservative Care Protocols, as there was no formal examination or reevaluation of symptoms and physical state, and no outside medical referral. The employee was returned to their regular job, aggravating the back injury. e. Amazon ALB1 Fulfillment Center, located at 1835 US-9 Castleton-on-Hudson NY 12033: On or about 10/28/22 and thereafter, an employee sustained a blunt force injury when struck in the head by a box containing a 28-lb. bench press bar while they were working as a stower in the Very Narrow Aisles (VNA). The AUSTIN spreadsheet shows 58 days of restricted/job transfer days. The employer failed to follow Amazon's own policies for the evaluation and management of head injuries. Employer returned employee to full duty, including operating heavy machinery and driving, the day of the injury without consulting PHL or seeking appropriate medical evaluation or clearance following a head injury, likely worsening the injury. Medical records from after the day of injury documented the employee had a concussion. f. Amazon ALB1 Fulfillment Center, located at 1835 US-9 Castleton-on-Hudson NY 12033: On or about 10/20/22 and thereafter: an employee was injured by a falling box that struck their head while working night shift in "pack singles." AUSTIN documentation noted employee had blood coming out of the ear (a sign of skull fracture noted in Amazon's CCP), but no laceration or abrasion that caused bleeding. The employee subsequently developed a headache but was returned to work. Employer failed to follow their written protocol for the evaluation and management of head injury/concussion and returned worker to regular duty without consulting PHL or monitoring employee during the shift likely worsening the injury. g. Amazon ALB1 Fulfillment Center, located at 1835 US-9 Castleton-on-Hudson NY 12033: On or about 1/29/23 and thereafter: AUSTIN documentation noted an employee who was picking in the VNA driving an order picker (OP) in the stow area came to a stop and lost consciousness, then slid off the OP platform, fell 3-4 feet and struck head on concrete floor. The employee was treated by AMCARE and was sent out for examination and/or treatment. AUSTIN documentation showed the employee did not return paperwork from their evaluation. The employer failed to follow their written protocols for return to work after syncope when the employee was returned to work (which typically included operating an OP) without medical clearance documentation likely worsening the injury. h. Amazon ALB1 Fulfillment Center, located at 1835 US-9 Castleton-on-Hudson NY 12033: On or about 9/6/22thereafter: an employee was struck in the head/back of neck by two tables that fell from 15 feet above. They were seen in AMCARE and AUSTIN documentation showed multiple signs of concussion that worsened as the visit progressed, including an unsteady gait and difficulty opening their eyes. The employer failed to call EMS. The worker was transported to urgent care by a private taxi company and then by ambulance to the emergency department for head and neck injury in a C-spine collar (neck immobilization device needed because of external signs of neck injury). He was diagnosed with a concussion, and out of work until November when they returned with work restrictions. The employer did not follow their protocols for the evaluation and management of head injury/concussion and neck injury including not contacting PHL or EMS, and denying workers compensation claim. Thus, delaying treatment, likely causing stress and worsening the injury. i. Amazon ALB1 Fulfillment Center, located at 1835 US-9 Castleton-on-Hudson NY 12033: On or about 10/24/22 and thereafter: an employee was picking an item at bottom of bin, stood up and hit head and reported immediate dizziness. Austin documentation revealed employee had suffered a concussion two weeks prior. Employer failed to follow protocols for the appropriate evaluation and management of head injury/concussion including no documentation of any exam elements, no consultation with Physician Help Line (PHL) and no monitoring post-injury for signs of deterioration likely worsening the injury. j. Amazon ALB1 Fulfillment Center, located at 1835 US-9 Castleton-on-Hudson NY 12033: On or about 9/8/22 and thereafter: an employee was moving items with a tugger vehicle, picked up an item off the floor, turned around and hit their head on fire hydrant pole. The employer failed to follow Amazon's written policies for Blunt Force to Face/Head/Scalp and Head Injury - Concussion, did not consult with Physician Help Line (PHL), did not monitor worker for deterioration after the injury, and allowed worker who had a concussion to return to work without restrictions on day of injury, without appropriate evaluation and medical clearance to operate heavy machinery likely worsening the injury.