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Region 3 News Release: 13-2441-NEW (osha 13-121)
Dec. 30, 2013
Contact: Leni Fortson      Joanna Hawkins
Phone: 215-861-5102      215-861-5101

Wayne's Supermarket Inc. cited for workplace safety hazards
at Mullens, W. Va., store; OSHA proposes $32,200 fine

MULLENS, W. Va. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Wayne's Supermarket Inc. for safety hazards found at its grocery store in Mullens. OSHA's September investigation began in response to a complaint and resulted in $32,200 in proposed fines.

Ten serious violations, carrying a $30,800 penalty, involve electrical hazards and the supermarket's failure to mark exits routes appropriately, ensure workers wore cut-resistant gloves when cutting meat, conduct a hazard assessment to determine the need for personal protective equipment, provide training on use of personal protective equipment and operating powered industrial trucks, and provide material safety data for each hazardous material onsite.

Additionally, the company did not provide an eyewash station or ensure workers usage of eye protection when handling corrosive materials, provide portable fire extinguishers in all work areas, properly train workers exposed to hazardous materials on-site, complete a written hazard communication program, ensure guarding on the unused portion of the blade on the meat cutting bandsaw, and ensure usage of provided hand tools during meat cutting operations. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Five other-than-serious violations, with a $1,400 penalty, include failing to maintain OSHA 300 injury and illness logs as well as guard overhead lights from physical damage. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

"Grocery store employers are well aware of potential safety hazards facing workers while conducting day-to-day operations," said Prentice Cline, director of OSHA's Charleston Area Office. "Employers will be held legally responsible when they fail to identify and correct hazards that jeopardize worker safety."

Wayne's Supermarket Inc. has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director in Charleston, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Charleston office at 304-347-5937.

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

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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 303-693-7838 or TTY 303-693-7755.

OSHA News Release - Table of Contents

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