Blocking A Fire Exit: Violation Fines And Penalties

There have been instances in the past where OSHA has identified and cited various companies for violating their fire safety code related to blocked egress and fire exit doors. Let us go through them one by one for a better understanding. 

Walgreens Co. (2011) 

Cause: Three repeat violations + one serious violation

Penalty Amount: $104,500

Walgreens Co.’s store on Covington Highway in Lithonia was penalized for four safety violations, four of which were repeated violations that cost them $99,000. Repeated violations refer to situations when an employee has been cited before due to the same or similar violation of the code within the last five years. In this case, they were cited previously in 2008 in Chicago. 

Their repeat violations included:

1. Exposing employees to unsecured compressed gas cylinders.
2. Workers were enabled to carry inventory up and down with an A-frame stepladder. This was followed by placing their next step from the ladder to a storage shelf for loading and retrieving products without fall protection like guardrails.
3. Blocked exit routes.

They were penalized $5,500 for their fourth newer and more serious violation, blocking electrical panel access by display materials. Serious violations refer to noncompliance that can lead to death or physical harm that the employer knows or should know about. 

Duane Reade Inc. (2013)

Cause: Three repeat violations 

Penalty Amount: $71,500

Duane Reade Inc., a Walgreens subsidiary, was penalized for fire safety hazards and exit access in one of their chains in lower Manhattan by OSHA. As a matter of fact, they were fined for the same violations in another of their chain in the year 2008. This makes it a repeated violation that is strongly condemned by OSHA. According to Kay Gee, OSHA’s then-area director for Manhattan, Brooklyn, and Queens, fire hazards replicated at employers’ other work sites are more dangerous than finding them at just one location. It showcases a disturbing pattern that needs to be identified and eliminated. 

The case was opened in response to a complaint about their blocked exit. Besides just a blocked emergency exit door, OSHA also found sprinkler system heads and an electrical panel that was obstructed by merchandise boxes and crates. These issues can cause obstruction in swift egress and make the sprinkler heads ineffective in suppressing accidental fires. Lastly, an inaccessible electrical panel can lead to the spread of fire if not accessed at the right time for disconnecting the main power. 

Idea Nuova (2015)

Cause: One willful + two repeated + two serious violations

Penalty Amount: $84,150

The New York-based outlet of Idea Nuova has been cited by OSHA twice in two years for violating fire safety codes, showcasing negligence toward employee safety. In 2013, they found similar violation hazards in the same outlet, such as open exit doors that are supposed to remain closed to prevent the spread of flames and smoke during a fire emergency. 

Violations found in the outlet:

1. Aisles clogged with merchandise like beanbag chairs can hamper the egress process
2. Emergency exit blocked by disco balls, desks, and lamps, preventing swift and timely exit of individuals 
3. Open exit doors on multiple floors, facilitating the spread of flames and smoke during a fire. 
4. Stacked merchandise on the 10th floor that poses injury threats to the employee.
5. An Exposed electrical outlet on the third floor posing electric shock hazards. 

According to Kay Gee, OSHA’s area director in Manhattan, blocked and obstructed exits can threaten employees’ lives. The company should not wait for a tragedy to occur before it realizes the vitality of the situation and addresses the issues. 

Guess (2016)

Cause: Two repeat violations + one serious violation + non-serious violation

Penalty Amount: $65,000

OSHO penalized the Guess outlet in Mashantucket due to a blocked emergency exit and improperly stored stock. This exposed the employees to burn risks, lacerations, and injury from falling objects. The company was fined $65,000 for two repeat violations (from 2013), one serious and one non-serious. 

Violations of the company included:

(Repeat)

1. Obstruction of the emergency route by boxes and folding table 
2. Stacking boxes in storage rooms and bathrooms, risking employees from getting injured due to them toppling. 

(Serious)

1. Blocked access to electrical panels by clothing boxes, eight storage shelves, and two extension ladders.

(Non-serious)

1. Failure to post notice informing employees of their rights to a safe workplace and to contact OSHA for any queries. 

According to Warren Simpson, OSHA’s area director in Hartford, these violations are obvious and easily preventable, which places employees at unnecessary risk. Stocking goods and boxes in inappropriate places prevents employees from having a smooth egress in the event of fire or other emergencies.