Citation 1, Item 1 is classified as “Serious” and alleges that Respondent violated 29 C.F.R. § 1910.176(b), stating that “employees are exposed to struck-by hazards from unstable material storage.” A penalty of $10,864.00 is proposed for this item. For the reasons that follow, the Citation is AFFIRMED, and the proposed penalty is assessed.
The Accident
[redacted] is an employee of Respondent, at a distribution center. On February 25, 2017, she was struck on her head, shoulders and back by items (can of crescent rolls) that fell from a pallet. As a result of her accident, she suffered an injury to her spine. At the time of her accident, [redacted] was filling orders which required her to go up and down the aisles to remove items from the rack. Although she did not see the items fall, she later learned that a pallet was tipped by another employee causing the items on the pallet to fall.