Wal-Mart Stores Ends Appeal of 'Black Friday' Trampling Citation

The company notified the Occupational Safety and Health Review Commission on March 18 that it has withdrawn its appeal of the citation, with its $7,000 penalty.

More than five years after OSHA cited Wal-Mart Stores Inc. for one violation of the General Duty Clause in connection with the Nov. 28, 2008, death of a worker at a Valley Stream, N.Y., store who was trampled by onrushing shoppers, the company has withdrawn its appeal of Occupational Safety and Health Review Commission Chief Administrative Law Judge Covette Rooney's order, issued April 5, 2011. Her decision affirmed a serious violation and $7,000 penalty against Wal-Mart Stores in the case.

The company notified OSHRC on March 18 that it has withdrawn its appeal of the citation.

Wal-Mart contended that OSHA's enforcement action imposed new standards that were unknown to the retail industry up to that time. Since the Valley Stream case, OSHA has regularly issued reminders about crowd control to retailers ahead of their "Black Friday" post-Thanksgiving holiday sales.

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