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Major Violations Cited: 4 repeats, including one for machine guarding, (the same violation cited at company’s New York facility in 2012 after worker killed), and 3 for LOTO, including lack of lockout tagout program and safety training.
Major Violations Cited: 2 willfuls for machine guarding, including exposing workers to struck-by, pinned-under and burned-by hazards from hot metal racks and hot aluminum products weighing up to 8,000 pounds, and failing to provide safe clearance for workers operating in ovens where aluminum extrusions are treated. Major Violations Cited: 3 willfuls for failure to ensure the integrity of the roof structure, not providing and ensuring proper use of fall protection, and lack of fall protection training. OSHA found several hazardous conditions similar to those previously cited at Big Lots stores in Alabama, Massachusetts and Pennsylvania, including exit routes and aisles blocked by piles and pallets of merchandise, as well as improperly stacked boxes containing merchandise.
These conditions resulted in OSHA issuing Big Lots three repeat citations with $147,000 in fines.


The inspection of the West Babylon store also resulted in the issuance of five serious citations with $22,000 in fines. 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. Of course, willful rank only below “egregious” on the scale of OSHA violations, followed by repeat, serious and other-than-serious.
The obstructed aisles and exit routes compromise safe exiting in an emergency, while the improperly stacked boxes, some of which were crushed and leaning, could fall and strike workers.
A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any of its facilities in federal enforcement states within the last five years.


For example, the current maximum fine for a Repeat or Willful violation could grow from $70,000 to as much as $125,000 for each violation. Similarly, the maximum penalty for a Serious violation will rise from $7,000 to $12,500 for each violation.Employers should be aware that state-plan OSHA states will be required to adjust their state penalties so that they at least match those imposed under the federal standards.




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