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Region 2 News Release:     BOS 2003-014
Monday, February 03, 2003
Contact: John M. Chavez
Phone: (617) 565-2075


Safety & Health Hazards Result in $92,000 in Fines Against Rite Aid
of New York, Inc., Bronx, N.Y., Store

NEW YORK -- Numerous safety infractions, including the barring of an emergency exit door, have resulted in $92,000 in proposed fines against Rite Aid of New York, Inc., located at 911 Morris Park Ave, Bronx, New York.

The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited the company, which operates a pharmacy/drugstore, for alleged willful, serious and repeat violations of the Occupational Safety and Health Act. The company has until Feb. 21, 2003, to contest the citations.

According to Diana Cortez, OSHA's Area Director in Tarrytown, N.Y., the action results from an investigation conducted from Aug. 1, 2002 through Jan. 28, 2003, in response to a complaint about blocked exits and fire extinguishers. In stressing the severity of the alleged violations, Cortez said, "Fire safety violations are always serious because of their potential to cost workers their lives."

As a result of OSHA's inspection, the company has been cited for one alleged willful violation of a federal safety and health standard, which carries a proposed penalty of $55,000. The alleged willful violation includes the employer's practice of keeping an emergency exit door fastened with a metal bar during working hours.

The company was also cited for five alleged serious violations carrying proposed penalties totaling $12,000. These included the employer's failure to: provide an unobstructed way of exit; provide unobstructed access to fire extinguishers; provide unobstructed access to electrical panels; maintain sufficiently wide access to exit; and provide training in fire extinguisher use to designated users.

Finally, the company was cited for two alleged repeat violations with proposed penalties totaling $25,000, including failure to post an exit sign where required and failure to provide annually required training on fire extinguishers.

A "willful" violation is defined by OSHA as one committed with an intentional disregard for, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. A "serious" violation is cited for hazards that pose a substantial probability to cause death or serious physical harm. A "repeat" violation is issued when an employer was cited previously for a substantially similar condition and the citation has become a final order.

The inspection was conducted by OSHA's Tarrytown area office, at 660 White Plains Rd., Tarrytown, N.Y. The telephone number is (914) 524-7510.

The Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and protecting America's workers. Safety and health add value to business, the workplace and life. For more information, visit www.osha.gov.

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The information in this release will be made available to sensory impaired individuals upon request. Voice phone: (617) 565-2072. TDD (Telecommunications Device for the Deaf) Message Referral Phone: 800-347-8029.



Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA News Release - (Archived) Table of Contents

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