OSHA Citation Upheld in Wal-Mart Crowd Control Case in New York

A citation and full penalty issued to Wal-Mart Stores Inc. for inadequate crowd management following a November 2008 trampling death of a worker at one of the company’s retail locations in New York has been upheld by the Occupational Safety and Health Review Commission’s Chief Administrative Law Judge, Covette Rooney.

In May 2009, OSHA issued Wal-Mart Stores Inc. one serious citation for exposing workers to the recognized hazards of asphyxiation or being crushed by a crowd. The citation carried a proposed fine of $7,000, the maximum penalty for a serious violation allowed under the law.

OSHA’s inspection revealed that the store’s workers were at risk of being crushed by the crowd due to the store’s failure to implement reasonable and effective crowd management practices. Those practices would have provided the store’s workers with the necessary training and tools to safely manage a large crowd of shoppers.

Wal-Mart Stores Inc. has 20 days to appeal.