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Region 5 News Release: 11-1337-CHI
Sept. 20, 2011
Contact: Scott Allen      Rhonda Burke
Phone: 312-353-6976      312-353-4807

US Department of Labor's OSHA cites operator of Pick 'N Save grocery in
Brookfield, Wis., after worker suffers leg fracture from fall
Proposed fines total $126,000

BROOKFIELD, Wis. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Mega Marts LLC, which operates the Pick 'N Save grocery store in Brookfield, for two willful safety violations. OSHA initiated an inspection after a worker who was riding on the forks of a powered industrial truck fell and sustained compound fractures. The company faces $126,000 in proposed fines.

"Employers have a responsibility to use equipment in accordance with acceptable operating procedures. Too often, shortcuts are taken that result in injuries to workers," said George Yoksas, OSHA's area director in Milwaukee. "Employers have a responsibility to ensure work environments are healthful and safe."

The violations involve exposing a worker to a recognized fall hazard while lifted on a forklift that did not have an approved personnel elevating platform, and failing to train and evaluate employees in the safe operation of powered industrial trucks. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement or plain indifference to employee safety and health.

The citations can be viewed at*

Mega Marts has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. Employers and employees with questions regarding workplace safety and health standards can call OSHA's Milwaukee Area Office at 414-297-3315. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit


U.S. Department of Labor news materials are accessible at The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.

* Accessibility Assistance Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.

OSHA News Release - Table of Contents

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