December 8 - December 12, 2014

Wal-Mart has spent $2M appealing a $7,000 OSHA fine from the 2008 Black Friday trampling death of an employee. Should the appeal continue?

Answers Votes
Yes, companies have this right, no matter how long the process takes. 53%
No, there should be an enforced statute of limitations on these reviews. 47%

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Tagged categories: Good Technical Practice; North America

Comment from Jeff Laikind, (12/8/2014, 9:40 AM)

There is a problem with the question. A seasonal WalMart employee died, not a shopper. Also, is there an updated status on this incident? According to the NYTimes, the death occurred in November 2008. The fine was levied in May 2009. By July 2010, WalMart had spent the $2 million dollars (and OSHA spent almost 5,000 hours of it's own legal office time) on the case.

Comment from Mary Chollet, (12/8/2014, 9:50 AM)

Jeff, good catch. We've corrected the question. Here is one recent report on the current status of this case:

Comment from Tom Schwerdt, (12/9/2014, 8:56 AM)

Presumably if the fine sticks, it will bolster a wrongful death suit from the family.

Comment from M. Halliwell, (12/9/2014, 10:37 AM)

For a company like Walmart, you'd think it would be a better deal to pay the fine and have a closed door settlement with the family. The negative publicity and civil suit could cost them a heck of a lot more in the end.

Comment from Tim P. Simpson, (12/9/2014, 11:42 AM)

If OSHA had not been involved perhaps the family would have already settled with Walmart. And here is another thought - Did Walmart carry life insurance on this employee and , if so, who was the beneficiary?

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