VI case study
docx
keyboard_arrow_up
School
Slippery Rock University of Pennsylvania *
*We aren’t endorsed by this school
Course
118
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
3
Uploaded by MinisterPorcupineMaster671
Autumn Smock
Case Study
Waldorf University
After an OSHA inspection, if a company receives a citation they have the right and ability to contest the citation. If a company does not agree with a violation or fee, they have 15 days from the day of the citation to file a notice of intent to contest. The notice of intent to contest must state the exact violation being contested. After filing the notice of intent to contest, the company will be in the process of litigation, and all settlements will now be handled with an attorney and the company, apart from OSHA. In February of 2017, an order fulfiller at the Walmart Distribution center in Johnstown, New York was injured due to improper storage within the facility. The Walmart distribution center in Johnstown, New York employs workers to package orders
for Walmart stores which then are shipped to the stores themselves, essentially stocking the local stores merchandise. On February 25, 2017 a filler within the distribution center was filling orders while another employee was operating a forklift to move merchandise. While the employee was moving the merchandise, the employee bumped into the shelving the fulfiller employee was working on and caused pallets of merchandise to fall onto the fulfillment employee. The falling merchandise caused injury
to the employee once struck. The violation was originally brought to the Occupational Safety and Health review
commission, which vacated the case. The case was vacated due to the fact that the issuing officer did not specify the issue and its relation to the cited provision. Upon
further investigation the commission found the cited provision was unrelated, and did not apply due to the wording. Following this, the second circuit appealed the commission's ruling. The second circuit appealed the commission's decision on the ruling due to the fact that the plain language used refers to any materials stacked on top
of one another with or without shelving. In conclusion, the secretary of the second circuit
concluded that the company was at fault and failed to comply with OSHA 1910. In the case of Secretary of Labor V.S. Walmart, I would have to agree on the point that Walmart did indeed know of the violation at hand and tried to avoid a penalty for their violation. The company was aware of the issue and the codes regarding the standard of the process at hand. In addition to this, Walmart was aware as well as Walmart employees were made aware of the danger that forklifts pose when moving merchandise. Being that the company was aware of the fact that they were putting their employees at risk of injury, I totally agree with the citation and the second circuit's conclusion in the case. If the second circuit would have agreed with the OSHA review commission decision on the case, Walmart would have not been held liable for the safety risk put onto their employees. In the case that they were aware of the hazard and
blatantly tried to avoid it and not fix the issue, Walmart is totally deserving of the citation.
In addition to receiving the violation, the company should be held accountable for any other injuries caused by their absent minded safety protocol at the distribution center. Reference
Employer rights and responsibilities - OSHA (n.d.). https://www.osha.gov/sites/default/files/publications/osha3000.pdf
Secretary of Labor, V. - OSHRC. (n.d.). https://www.oshrc.gov/assets/1/18/Walmart_Dist_Ctr%5E17-0949%5EDecision%5E12-31-
2020%5EsignatureFinal.pdf?11423
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help