A circuit court denied Wal-Mart Stores Inc.'s petition to review more than $ 25,000 in citations received against it for not protecting employees from blood-borne pathogens.
Wal-Mart Stores East LP v. Labor Minister a third-panel panel in the 8th US Circuit Court unanimously confirmed on Wednesday a holding court's ruling that two US occupational safety and health management violations should stand.
OSHA regulations require employers to make the hepatitis B vaccination series available to all workers who have occupational exposure to blood-borne pathogens. Wal-Mart Stores East LP in Bentonville, Arkansas, maintains a serious team of employees who voluntarily agree to respond to medical incidents and provide routine first aid. After receiving security complaints about the company's distribution center Alachua, Florida, OSHA conducted an inspection between September 201
Walmart challenged the quotes and an administrative judge reclassified the first quote as "other than serious" and lowered the fine to $ 1,000, but maintained the $ 25,000 fine. Walmart presented the Labor and Health Inspection Commission for review, but the Commission declined to take action. Walmart then appealed to the 8th American Circuit Court, which confirmed ALJ's decision.
Walmart argued that it was not necessary to provide the vaccinations because it fit in with OSHA's security duty exemption, providing exceptions for employees whose primary job is not a first-aid response and when the care is generally done on-site, the accident occurred. ALJ found that the vast majority of first aid was administered in the "SIRT Room" – a first aid room separated from the main work area by double doors – and therefore it was not the exception for security duties applied.
The Appeal Court agreed and claimed that ALJ did not misuse its discretion when refusing Walmart's broad interpretation of the exception. The court further confirmed ALJ's judgment that the company failed to provide the vaccination series to SIRT members and noted that it did not provide the third dose of the vaccine to four members until the control.
The court also confirmed ALJ's statement that Walmart failed to make the hepatitis B vaccine available to some SIRT volunteers within 10 working days of the mission and that the infringement was a repeat since the company had entered a commission-approved residence in 2012 for alleged substantially similar violations at a Walmart store.
The Appeal Court held that Walmart failed to show how the failure to offer SIRT members hepatitis B vaccination resulted in a risk other than failing to vaccinate retail employees in 2012, that it was a repeat offense and was confirmed. 19659002] Walmart did not immediately respond to the request for comment.