OSHA Inspection: MIDWEST WAREHOUSE AND DISTRIBUTION SYSTEM, INC.

Issued

Apr 22, 2021

Abate by

Feb 17, 2022

Penalty

Initial $12,288 · Current $10,788 Reduced

General-duty citation text

OSH ACT of 1970 Section 5(a)(1) of the Occupational Safety and Health Act: 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 the employer allowed exposed employees and employees who were potentially exposed to SARS-CoV-2 to continue to work in the facility.  Beginning on October 27, 2020, the employer became aware of confirmed COVID-19 positive and symptomatic employees. The employer failed to take immediate and effective steps to identify, inform and remove all potentially exposed employees in the days thereafter. The hazard existed until November 4, 2020, when the establishment closed after consultation with the County Health Department. Between October 27 and November 9, 2020, a total of 23 workers tested positive in the establishment, and one employee died of COVID-19 complications.  Among other methods, feasible and acceptable means of abatement for this hazard include:  Re-evaluate existing COVID-19 company procedures and retrain as necessary on any updates, such as informing employees of their possible close contact (i.e., being within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period) in the workplace, while maintaining confidentiality as required by the Americans with Disabilities Act (ADA).  Ensure compliance with any existing company procedures to identify, notify, and quarantine employees who were potentially exposed to someone in the workplace with suspected or confirmed SARS-CoV-2 infection.  Screen employee(s) for COVID-19 symptoms and potential COVID-19 exposure. Employees who appear to have symptoms upon arrival at work or who become sick during the day must immediately be separated from other employees, customers, and visitors; sent home; and encouraged to seek medical attention. Have a procedure in place for the safe isolation of employees who become sick while at work as they may need to be transported home or to a healthcare provider. Utilize, develop, and implement flexible sick leave and supportive policies and practices.  Follow CDC and State and Municipal public health recommendations for exposed employees (close contacts) to quarantine, telework if possible, and self-monitor for symptoms.  Counsel workers about the need to monitor for symptoms and immediately self-isolate if symptoms occur during the 14 days after a close contact exposure as defined by the CDC and the importance of consistent adherence to all recommended mitigation strategies (e.g., mask wearing, social distancing, hand hygiene, cleaning and disinfection, and proper ventilation).