“This enterprise-wide settlement is significant because DeMoulas has agreed not only to correct the hazards cited during OSHA's inspections but also to enact effective and ongoing systemic changes that will benefit all its employees,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.
DeMoulas initially contested the citations to the independent Occupational Safety and Health Review Commission. The Labor Department’s regional solicitor's office subsequently filed a complaint with the commission asking for enterprise-wide correction of the hazards. As the result of settlement discussions with the solicitor's office, DeMoulas has signed the agreement to correct the cited hazards and take additional preventive actions.
“DeMoulas has agreed to a comprehensive and responsible settlement that corrects past hazards and paves the way for improvements which, effectively implemented and maintained, will significantly minimize hazards and enhance workplace safety and health for employees throughout the company,” said Michael Felsen, the department’s regional solicitor for New England.
These improvements include:
- Hiring a full-time safety and health director with the full authority and responsibility to develop, implement, monitor and enforce the requirements of the company's safety and health program;
- Creating a written safety and health program for each workplace that will include inspections to monitor and evaluate the program's effectiveness as well as provisions to identify, document and remedy any hazards or violations;
- Creating a written disciplinary program for all workplaces and all employees, including management;
- Appointing a safety and health liaison for each supermarket department;
- Providing formal safety and health training for all new employees and all new and existing employees on an annual basis; and
- Including a safety and health evaluation as a material element in annual performance reviews of all store and department managers.
In addition to agreeing to the improvements, DeMoulas Super Markets also has paid a total of $400,000 in fines.