Last week, Covette Rooney, chief administrative law judge of the Occupational Safety and Health Review Commission, upheld a $7,000 fine handed down against Wal-Mart Stores in connection with a tragic Black Friday accident in 2008 that saw one of the retailer's employees trampled to death by thousands of shoppers rushing into the store as it opened.
Judge Rooney concluded that the evidence in the case showed the employee who died, Jdimytai Damour, was exposed to a physical hazard that Wal-Mart was aware of from previous Black Friday events and that the retailer failed to take steps that could have saved his life.
Greg Rossiter, a spokesperson for Wal-Mart, expressed disappointment in the the judge's ruling. He told The New Yorker, "In all likelihood, we will appeal through a petition for discretionary review to the full Occupational Safety and Health Review Commission." The company has 20 days from the date of the decision to appeal to the commission.
Mr. Rossiter said Wal-Mart appreciated Judge Rooney's "endorsement of our comprehensive and nationwide crowd control plans," but disagreed "that Wal-Mart and the entire retail industry should have known of and implemented those plans in 2008 and earlier."
Dr. David Michaels, assistant secretary of Labor for Occupational Safety and Health (OSHA), said in a statement, "Even in the absence of a specific rule or standard, employers are still legally responsible for providing a place of employment free of recognized hazards that are likely to cause serious injury or death. If not properly managed by retailers, a large crowd poses a significant threat to the lives of workers and customers."
Wal-Mart has spent more than $2 million in an attempt to overturn the fine. The chain along with others in the retail business are concerned that regulators will increasingly seek to impose guidelines on the way they manage their promotions. For example, OSHA guidelines issued last year would make the particular "first-come, first-serve" methods used by retailers in holiday promotions more difficult. Guidelines state that retailers should consider using an internet lottery for hot items, instead, or issue wristbands or the like for those who arrive first at the store.
- US Department of Labor's OSHA applauds decision upholding citation against Wal-Mart Stores Inc. in crowd management fatality case - Occupational Safety and Health Administration
- Crowd Management Safety Guidelines for Retailers - Occupational Safety and Health Administration
- Judge Upholds $7,000 Fine in Trampling at Wal-Mart - The New York Times
- Wal-Mart fine in holiday sale death upheld: judge - Reuters
- The Wal-Mart 'Blitz Day' Verdict - The New Yorker
- ALJ Upholds Penalty for Wal-Mart Trampling Case - Occupational Health & Safety