When a DeMoulas Supermarkets employee in Rindge, N.H., fell 11 feet to a concrete floor and suffered broken bones and head trauma, federal regulators say the company did precisely the wrong thing.
“Instead of calling for emergency help, store management lifted the injured worker from the floor, put him in a wheelchair and pushed him to the store’s receiving dock to wait for a relative to take him to the hospital,” according to a news release from the Occupational Safety and Health Administration.
That episode in April sparked an OSHA investigation that led to the agency’s announcement Tuesday that it is proposing $589,200 in fines against DeMoulas for 30 alleged safety violations at its stores in Rindge and Concord, N.H. The agency said its proposed fines against the company, which operates more than 60 stores in Massachusetts and New Hampshire under the name Market Basket, chiefly were for “recurring fall and laceration hazards and also for improperly responding to a worker’s serious injury.”
OSHA classified four of the charges against DeMoulas as “willful,” the agency’s most severe infractions. A willful citation accuses an employer of demonstrating “intentional disregard” for the law or “plain indifference” to employee safety and health.
The agency said the worker who was injured in Rindge tumbled from a storage area that lacked adequate guardrails to prevent falls. After expanding its investigation to the Concord store, OSHA found that employees at both stores were exposed to potential falls of more than 11 feet, due to a lack of guardrails, “while working on top of produce coolers, freezers and storage lofts.”
In addition, OSHA said the company was a repeat offender, noting that it previously cited DeMoulas for the same kinds of fall hazards at the Concord store as well as at three Massachusetts stores, including one in Tewksbury, where the company is based. The agency also cited DeMoulas for repeat offenses involving laceration and amputation hazards from knives and saws, among other charges.
As the Manchester, N.H., Union Leader reports, a lawyer for the company said the Rindge employee injured six months ago is expected to return to work by the end of this month.
DeMoulas’ law firm also released a statement saying that, “While the company does not agree with many of the conclusions reached by OSHA, it is confident that common ground can be reached while achieving the mutual goal of promoting a healthy and safe work environment for Market Basket employees.”
“It is no coincidence that Market Basket’s unique ‘family oriented’ work environment, coupled with its safety and health program, has led to its outstanding record of maintaining a safe workplace,” the statement added.
The company, which has 15 days to appeal, is scheduled to meet with OSHA next week.
STUART SILVERSTEIN


