OSHA Inspection: DEMOULAS SUPER MARKETS, INC

Issued

Oct 7, 2011

Penalty

Initial $70,000 · Current $45,500 Reduced

General-duty citation text

29 CFR 1910.23(c)(1): Every open-sided floor or platform 4 feet or more above adjacent floor or ground level was not guarded by a standard railing (or the equivalent as specified in paragraph (e)(3) of this section) on all open sides except where there is entrance to a ramp, stairway, or fixed ladder:     a. Stock Room- Employees dropping boxes of chips from the chip loft were exposed to a fall where an incomplete guardrail was installed along the open sided floor. On or about 4/17/2011 an employee fell 11 feet 2 inches from the chip loft while dropping boxes of chips.     DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.23(a)(1), which was contained in OSHA inspection number 109625863, citation number 1, item number 3, issued on 10/9/2001, with respect to a workplace located at 875 East Street, Tewksbury, MA.     DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 300447018, citation number 1, item number 1, issued on 11/17/1998, with respect to a workplace located at Fort Eddy Road, Concord, NH    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 10017416, citation number 1, item number 1, issued on 6/30/1975, with respect to a workplace located at 700 Essex Street, Lawrence, MA.     DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 10671006, citation number 1, item number 1, issued on 4/11/1975, with respect to a workplace located at 130 Water Street, Fitchburg, MA.

Issued

Oct 7, 2011

Penalty

Initial $0 · Current $7,150

General-duty citation text

29 CFR 1910.23(c)(2): Runways four feet or more above floor or ground level were not guarded by standard railings (or the equivalent) and toe boards:    a. Stock Room- Employees retrieving produce trays from the catwalk were exposed to a fall hazard of 8 feet 8 inches where there was no guard rail at the end of the catwalk.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.23(a)(1), which was contained in OSHA inspection number 109625863, citation number 1, item number 3, issued on 10/9/2001, with respect to a workplace located at 875 East Street, Tewksbury, MA.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.23(c)(1), which was contained in OSHA inspection number 300447018, citation number 1, item number 1, issued on 11/17/1998, with respect to a workplace located at Fort Eddy Road, Concord, NH    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.23(c)(1), which was contained in OSHA inspection number 10017416, citation number 1, item number 1, issued on 6/30/1975, with respect to a workplace located at 700 Essex Street, Lawrence, MA.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.23(c)(1), which was contained in OSHA inspection number 10671006, citation number 1, item number 1, issued on 4/11/1975, with respect to a workplace located at 130 Water Street, Fitchburg, MA.

Issued

Oct 7, 2011

Abate by

Oct 31, 2011

Penalty

Initial $60,500 · Current $39,325 Reduced

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards were present, or were likely to be present, which necessitated the use of personal protective equipment:    a. Produce- Employees were exposed to laceration hazards where an assessment of the workplace was not conducted to determine if personal protective equipment was necessary.      b. Deli- Employees were exposed to laceration hazards where an assessment of the workplace was not conducted to determine if personal protective equipment was necessary.      c. Bakery- Employees were exposed to laceration hazards where an assessment of the workplace was not conducted to determine if personal protective equipment was necessary.      d. Dairy- Employees were exposed to laceration hazards where an assessment of the workplace was not conducted to determine if personal protective equipment was necessary.      e. Grocery- Employees were exposed to laceration, eye, and face hazards where an assessment of the workplace was not conducted to determine if personal protective equipment was necessary.     \\r\\n\\r\\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 309348563, citation number 2, item number 1, issued on 4/13/2006, with respect to a workplace located at 160 Littleton Road, Westford, MA. \\r\\n\\r\\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.132(d)(2), which was contained in OSHA inspection number 306097866, citation number 1, item number 1b, issued on 2/4/2004, with respect to a workplace located at 875 East Street, Tewksbury, MA. \\r\\n

Issued

Oct 7, 2011

Abate by

Oct 17, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.138(a): The employer did not select and require employee(s) to use appropriate hand protection when employees' hands were exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasion; punctures; chemical burns; thermal burns; and harmful temperature extremes.    a. Produce- Employees were exposed to severe lacerations from knives while breaking down produce, including, without limitation, corn and melons, where hand protection was  not provided by the employer.       b. Deli- Employees were exposed to severe lacerations while cleaning the deli slicer, where hand protection was not provided by the employer.       c. Produce, Deli and Bakery- Employees were exposed to severe lacerations from knives while opening packages,  where hand protection was not provided by the employer.      DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 309348563, citation number 1, item number 1, issued on 4/13/2006, with respect to a workplace located at 160 Littleton Road, Westford, MA.

Issued

Oct 7, 2011

Abate by

Oct 11, 2011

Penalty

Initial $27,500 · Current $48,370

General-duty citation text

29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:    a. Meat Department- Employees were exposed to amputation hazards during cleaning operations for the Hobart meat saw where procedures were not developed, documented, and utilized to prevent the unintentional start up of the equipment.    b. Seafood Department- Employees were exposed to amputation hazards during cleaning operations for the seafood cooler where procedures were not developed, documented, and utilized to prevent the unintentional start up of the equipment.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 311177794, citation number 1, item number 1, issued on 1/18/2008, with respect to a workplace located at 227 Highland Ave, Salem, MA. The final order date for the citation was on 2/6/2008 upon signing an informal settlement agreement.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.147(c)(1), which was contained in OSHA inspection number 310190178, citation number 1, item number 1b, issued on 9/18/2006, with respect to a workplace located at 875 East Street, Tewksbury, MA. The final order date for the citation was on 10/18/2006 upon signing an informal settlement agreement.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.147(c)(1), which was contained in OSHA inspection number 109625863, citation number 1, item number 5, issued on 10/9/2001, with respect to a workplace located at 875 East Street, Tewksbury, MA.

Issued

Oct 7, 2011

Abate by

Oct 11, 2011

Penalty

Initial $27,500 · Current $0 Reduced

General-duty citation text

29 CFR 1910.147(c)(5)(i): Locks, tags, chains, wedges, key blocks, adapter pins, self-locking fasteners, or other hardware were not provided by the employer for isolating, securing or blocking of machines or equipment from energy sources:    a. Meat Department- Employees were exposed to amputation hazards during cleaning operations for the Hobart meat saw where locking hardware for circuit breakers was not provided by the employer.     b. Seafood Department- Employees were exposed to amputation hazards during cleaning operations for the seafood cooler where locking hardware for circuit breakers was not provided by the employer.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 311177794, citation number 1, item number 2, issued on 1/18/2008, with respect to a workplace located at 227 Highland Ave, Salem, MA. The final order date for the citation was on 2/6/2008 upon signing an informal settlement agreement.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.147(c)(1), which was contained in OSHA inspection number 310190178, citation number 1, item number 1b, issued on 9/18/2006, with respect to a workplace located at 875 East Street, Tewksbury, MA. The final order date for the citation was on 10/18/2006 upon signing an informal settlement agreement.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.147(c)(1), which was contained in OSHA inspection number 109625863, citation number 1, item number 5, issued on 10/9/2001, with respect to a workplace located at 875 East Street, Tewksbury, MA.

Issued

Oct 7, 2011

Abate by

Oct 11, 2011

Penalty

Initial $27,500 · Current $0 Reduced

General-duty citation text

29 CFR 1910.147(c)(7)(i): The employer did not provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees:    a. Meat Department- Employees were exposed to amputation hazards during cleaning operations for the Hobart meat saw where employees were not provided with lock out/tag out training from the employer.     b. Seafood Department- Employees were exposed to amputation hazards during cleaning operations for the seafood cooler where employees were not provided with lock out/tag out training from the employer.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 311177794, citation number 1, item number 3, issued on 1/18/2008, with respect to a workplace located at 227 Highland Ave, Salem, MA. The final order date for the citation was on 2/6/2008 upon signing an informal settlement agreement.

Issued

Oct 7, 2011

Abate by

Oct 31, 2011

Penalty

Initial $38,500 · Current $25,025 Reduced

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):    a. Site- Employees operating powered industrial trucks were not adequately trained.\r\n\r\n\r\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 314454224, citation number 1, item number 1, issued on 5/5/2010, with respect to a workplace located at 340 Ballardvale Street, Andover, MA. The final order date for the citation was on 5/24/2010 upon signing an informal settlement agreement.\r\n\r\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.178(l)(4)(iii), which was contained in OSHA inspection number 306097866, citation number 1, item number 2, issued on 2/4/2004, with respect to a workplace located at 875 East Street, Tewksbury, MA. \r\n\r\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1910.178(l)(3(iii), which was contained in OSHA inspection number 109625863, citation number 1, item number 7b, issued on 10/9/2001, with respect to a workplace located at 875 East Street, Tewksbury, MA. \r\n\r\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 101447902, citation number 1, item number 1, issued on 4/22/1987, with respect to a workplace located at 875 East Street, Tewksbury, MA. \r\n

Issued

Oct 7, 2011

Penalty

Initial $38,500 · Current $25,025 Reduced

General-duty citation text

29 CFR 1910.212(a)(1): One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:\r\n\r\na. Site- On or about 4/21/2011 an employee operating a Hobart meat saw was exposed to laceration and amputation hazards where the adjustable blade guard was positioned so that unused portions of the blade were left exposed.\r\n\r\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 313064123, citation number 1, item number 1, issued on 7/20/2009, with respect to a workplace located at 49 Pond Street, Ashland, MA. The final order date for the citation was on 8/5/2009 upon signing an informal settlement agreement.\r\n\r\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 309348563, citation number 1, item number 2, issued on 4/13/2006, with respect to a workplace located at 160 Littleton Road, Westford, MA. \r\n\r\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 10671006, citation number 1, item number 3, issued on 4/11/1975, with respect to a workplace located at 130 Water Street, Fitchburg, MA. \r\n

Issued

Oct 7, 2011

Abate by

Oct 24, 2011

Penalty

Initial $27,500 · Current $24,850 Reduced

General-duty citation text

29 CFR 1910.1030(g)(2)(i): The employer did not ensure that each employee with occupational exposure participated in a training program:\\r\\n\\r\\na. Stock Room- On or about 4/17/2011 an employee was required to clean equipment and work areas which were contaminated with human blood and was not provided with bloodborne pathogen training from the employer.\\r\\n\\r\\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 313064123, citation number 1, item number 2, issued on 7/20/2009, with respect to a workplace located at 49 Pond Street, Ashland, MA. The final order date for the citation was on 8/5/2009 upon signing an informal settlement agreement.

Issued

Oct 7, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1): The employer did not have a material safety data sheet for each hazardous chemical which they used: \\r\\n\\r\\na. Site- The employer did not have a material safety data sheet for battery acid in regards to the powered industrial trucks onsite.\\r\\n\\r\\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 122113319, citation number 2, item number 1b, issued on 11/6/1995, with respect to a workplace located at 1 Grocery Way, Lawrence, MA.

Issued

Oct 6, 2011

Abate by

Oct 7, 2011

Penalty

Initial $7,000 · Current $4,550 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that an employee was exposed to hazards including but not limited to paralysis and internal bleeding where emergency medical services were not called and the employee was moved after they had fallen onto a concrete floor:    a. Stock Room- On or about 4/17/2011 the employer failed to call emergency medical services for an employee who sustained broken bones and head trauma after falling more than 11 feet from a mezzanine to a concrete floor. The employer lifted the injured employee from the concrete floor, put the employee into a wheelchair, and pushed the employee to the rear receiving dock. The employer then telephoned a relative of the injured employee to obtain the injured employee and transport them to the hospital.    A feasible means of abatement includes, but not limited to, adhering to the company's emergency response procedures which require calling 911 for all medical emergencies and following the instructions of the 911 operator to provide appropriate medical care until emergency medical services arrive at the facility.

Issued

Oct 6, 2011

Penalty

Initial $5,500 · Current $3,575 Reduced

General-duty citation text

29 CFR 1910.23(e)(1): An intermediate rail was not installed approximately halfway between the top rail and the floor, platform, runway, or ramp:    a. Stock Room- Employees were exposed to fall hazards where inadequate guardrail systems installed along the storage loft did not have mid rails.

Issued

Oct 6, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.23(e)(4): A standard toe board was not 4 inches nominal in vertical height from its top edge to the level of the floor, platform, runway, or ramp:     a. Stock Room- Employees were exposed to overhead struck by hazards where toe boards were not installed along the catwalk and storage lofts.

Issued

Oct 6, 2011

Penalty

Initial $5,500 · Current $3,575 Reduced

General-duty citation text

29 CFR 1910.24(b): Fixed stairs were not provided for access from one structure level to another where operations necessitated regular travel between levels, and for access to operating platforms at any equipment which requires attention routinely during operations:    a. Stock Room- Where employees accessed the storage area on top of the produce cooler on a daily basis the employer did not provide fixed stairs.

Issued

Oct 6, 2011

Penalty

Initial $5,500 · Current $3,750 Reduced

General-duty citation text

29 CFR 1910.24(f): Rise height and tread width were not uniform throughout any flight of stairs including any foundation structure used as one or more treads of the stairs:\r\n\r\na. Stock Room- Employees accessing the wooden stairs leading from the catwalk to the storage loft were exposed to a fall hazard where two of the riser heights were 8 inches and one riser was 12 inches.\r\n\r\n

Issued

Oct 6, 2011

Penalty

Initial $3,300 · Current $2,145 Reduced

General-duty citation text

29 CFR 1910.36(g)(2): An exit access was not at least 28 inches (71.1 cm) wide at all points:    a. Catwalk- Employees were exposed to fire and entrapment hazards where the exit access was between 14 inches to 22 inches wide due to being obstructed by the storage of produce trays and boxes.

Issued

Oct 6, 2011

Abate by

Oct 21, 2011

Penalty

Initial $6,600 · Current $4,290 Reduced

General-duty citation text

29 CFR 1910.37(a)(3): Exit routes were not free and unobstructed:    a. Storage Loft- Employees were exposed to trip hazards where piping was installed on the floor within the exit route behind the employee break room, mechanical room, and storage lofts.

Issued

Oct 6, 2011

Abate by

Oct 7, 2011

Penalty

Initial $5,500 · Current $0 Reduced

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:    a. Stock Room- Employees exposed to eye and face hazards from battery acid were not provided with eye or face protection from the employer.

Issued

Oct 6, 2011

Abate by

Oct 7, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.138(a): The employer did not select and require employee(s) to use appropriate hand protection when employee(s) hands were exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasion; punctures; chemical burns; thermal burns; and harmful temperature extremes:    a. Stock Room- Employees were exposed to burns from battery acid where the employer failed to provide gloves for hand protection.

Issued

Oct 6, 2011

Abate by

Oct 7, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:    a. Site- Employees exposed to battery acid in the stock room did not have immediate access to an eye wash where the two eye wash stations were located more than 55 feet away and were obstructed by doors in the deli and meat departments along with pallets of stored material in the aisle.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 308658749, citation number 1, item number 2, issued on 4/7/2005, with respect to a workplace located at 225 Newburyport Turnpike, Rowley, MA. \\\\n\\\\nDeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 109625863, citation number 1, item number 6, issued on 10/9/2001, with respect to a workplace located at 875 East Street, Tewksbury, MA. \\\\n

Issued

Oct 6, 2011

Abate by

Oct 7, 2011

Penalty

Initial $3,300 · Current $2,145 Reduced

General-duty citation text

29 CFR 1910.135(a)(1): The employer did not ensure that each affected employee wear a protective helmet when working in areas where there is a potential for injury to the head from falling objects:    a. Stock Room- Employees who were exposed to over head struck by hazards from items that were dropped from the storage lofts were not provided with head protection from the employer.

Issued

Oct 6, 2011

Abate by

Oct 7, 2011

Penalty

Initial $5,500 · Current $3,575 Reduced

General-duty citation text

29 CFR 1910.303(g)(2)(i): Except as elsewhere required or permitted by this standard, live parts of electric equipment operating at 50 volts or more shall be guarded against accidental contact by use of approved cabinets or other forms of approved enclosures or by any of the following means:    a. Stock Room- Employees were exposed to electric shock and burns where the panel board located behind the deli in the main corridor had an unguarded opening exposing live parts.

Issued

Oct 6, 2011

Abate by

Oct 21, 2011

Penalty

Initial $5,500 · Current $3,575 Reduced

General-duty citation text

29 CFR 1910.1030(c)(1)(i): The employer having employee(s) with occupational exposure to blood or other potentially infectious materials did not establish a written Exposure Control Plan designed to eliminate or minimize employee exposure:\\r\\n\\r\\na. Site- The employer did not have a written Exposure Control Plan where employees had occupational exposure while cleaning equipment and work areas that were contaminated with human blood.\\r\\n

Issued

Oct 6, 2011

Abate by

Oct 7, 2011

Penalty

Initial $5,500 · Current $3,575 Reduced

General-duty citation text

29 CFR 1910.1030(d)(3)(ii): The employer did not ensure that the employee used appropriate personal protective equipment when there was occupational exposure:    a. Stock Room- On or about 4/17/2011 the employer did not ensure that an employee who was directed to clean a work area that was contaminated with blood from another employee used personal protective equipment.

Issued

Oct 6, 2011

Abate by

Oct 21, 2011

Penalty

Initial $5,500 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:    a. Site- Employees were not provided with training on chemicals used in the workplace including but not limited to cleaning chemicals and battery acid.    DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 309348563, citation number 1, item number 3, issued on 4/13/2006, with respect to a workplace located at 160 Littleton Road, Westford, MA.     DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 308658749, citation number 1, item number 3, issued on 4/7/2005, with respect to a workplace located at 225 Newburyport Turnpike, Rowley, MA.     DeMoulas Super Markets, Inc dba Market Basket was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 122113319, citation number 2, item number 1c, issued on 11/6/1995, with respect to a workplace located at 1 Grocery Way, Lawrence, MA.