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OSHA News Release
2003 - 08/26/2003 - Blocked, Locked Exits, Numerous Other Safety Hazards Lead to $186,500 in OSHA Fines for Manhattan Supermarkets

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Region 2 News Release:     BOS 2003-231
Tuesday, August 26, 2003
Contact: Ted Fitzgerald
Phone: (617) 565-2074


Blocked, Locked Exits, Numerous Other Safety Hazards Lead to $186,500 in OSHA Fines for Manhattan Supermarkets

NEW YORK, N.Y. -- A New York grocery chain's failure to safeguard workers against a variety of hazards at eight of its Manhattan stores has resulted in $186,500 in fines from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).

Namdor, Inc., doing business as Gristede's Food, Inc., has been cited for a total of 73 alleged serious and other violations of the Occupational Safety and Health Act following a series of inspections prompted by a Feb. 19 accident at the chain's 205 East 96th St. store in which an employee's arm was severed in an unguarded cardboard baler.

"Protecting worker safety and health must be a priority for employers. An employer has the obligation to provide safe and healthful working conditions at all its worksites," said U.S. Secretary of Labor Elaine L. Chao. "Gristede's Food's failure to do so calls for this significant enforcement action. The Department will not hesitate to take significant action in such cases."

OSHA found that the baler at the East 96th St. location lacked any machine guarding to prevent employees from coming in contact with its moving parts and that all eight stores lacked an energy control program to prevent the accidental startup of machinery during maintenance.

Other cited hazards included blocked exit access at all eight stores, locked exit doors at five stores, missing exit signs at seven stores, electrical and machine guarding hazards at five stores, failure to post and certify occupational illness and injury logs at six stores, insufficient clearance for fire sprinklers at five stores and two instances where walk-in freezers lacked a means by which employees could open the door from the inside. A store-by-store breakdown is attached.

OSHA defines a serious violation as a condition that exists where there is a substantial possibility that death or serious physical harm can result. An other-than-serious violation is a condition that would probably not cause death or serious physical harm but would have a direct and immediate relationship to the safety and health of employees.

The company has three weeks from receipt of its citations and proposed penalties to either elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission. OSHA's Manhattan area office conducted the inspection. That office's phone number is (212) 620-3200.

The Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and protecting America's workers. Safety and health add value to business, the workplace and life. For more information, visit www.osha.gov.

Fact Sheet Namdor, Inc., dba Gristede's Food Inc.

Store #98 - 205 East 96th St.

$29,500 in proposed penalties for eight serious and two other than serious citations for: an unguarded cardboard baler; locked exits; blocked exit access; unidentified exit routes; electrical hazards; no program, employee training and equipment for a lockout tagout program to prevent the accidental startup of machinery during maintenance, insufficient clearance between sprinkler heads and stored material, inadequate strain relief for electrical wiring and failure to certify and post illness and injury logs..

Store # 428 - 333 East 14th St.
$27,500 in proposed fines for eleven serious and one other than serious citations for: locked exits, obstructed exit routes, unidentified exit routes, work areas not kept clean, orderly and dry, unguarded bandsaw and conveyor belt, electrical hazards, unmounted portable fire extinguisher and no lockout/tagout program, training and equipment

Store #56 - 251 West 86th St.
$13,000 in proposed fines for four serious and one other than serious citations for: blocked and unidentified exit routes, insufficient sprinkler clearance, no lockout/tagout program, training and equipment and failure to post and certify the illness and injury log.

Store# 41 - 2780 Broadway
$18,500 for five serious and one other than serious citations for: locked exits, blocked exit access, electrical hazards, unguarded sprocket wheels and chains, no lockout/tagout program, training and equipment and failure to post the injury and illness log.

Store # 50 - 350 East 86th St.
$23,500 for eight serious and three other than serious citations for: blocked and unidentified exit routes, unlighted exit signs, electrical hazards, insufficient safe clearance for mechanical equipment, no lockout/tagout program, training and equipment, unmounted fire extinguishers, no fire extinguisher training and failure to post the injury and illness log.

Store #437 - 1343 Lexington Ave.
$38,500 for twelve serious and two other than serious citations for: failure to have means to open a freezer door from the inside, locked exits, obstructed and unidentified exit routes, insufficient sprinkler clearance, machine guarding and electrical hazards, work area not kept clean, orderly and dry, no lockout/tagout program, training and equipment and failure to certify and post the illness and injury log.

Store # 5 - 262 West 96th St.
$8,500 for two serious and three other than serious citations for: blocked exit routes, unilluminated exit signs, no lockout/tagout program, training and equipment, unmounted fire extinguishers, no fire extinguisher training and failure to post the illness and injury log.

Store #99 - 460 3rd Ave.
$27,500 for nine serious and one other than serious citations for: no means to open a freezer from the inside, locked exits, obstructed and unidentified exit routes, insufficient sprinkler clearance, machine guarding hazards, no lockout/tagout program, training and equipment and failure to certify and post the injury and illness log.

Total proposed fines:                                                         $186,500

# # #

The information in this release will be made available to sensory impaired individuals upon request. Voice phone: (617) 565-2072. TDD (Telecommunications Device for the Deaf) Message Referral Phone: 800-347-8029.



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