Tier 3 Elevated

WALMART SUPERCENTER STORE #2859

📍 2150 CHILI AVENUE, ROCHESTER, NY 14624🏭 Retail Trade (NAICS 452112)📅 2011-08-02
$232,800.00
Total Penalties
21
Citations
60/100
Risk Score
390
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, WALMART SUPERCENTER STORE #2859 — a retail trade facility located at 2150 CHILI AVENUE, ROCHESTER, NY 14624 — was the subject of a formal OSHA inspection that resulted in 21 citation(s) and cumulative proposed penalties of $232,800.00. The inspection case was opened on 2011-08-02.

Cumulative penalties significantly exceed the national median for OSHA enforcement actions. The penalty amount suggests multiple high-gravity citations, indicating conditions that presented a substantial probability of death or serious physical harm to employees.

Industry Benchmark: The total penalty of $232,800.00 is more than 36.0× the national average of $6,467.77 for facilities in the Retail sector (NAICS 452112). This sector encompasses 10,854 inspected facilities nationwide with aggregate penalties totaling $70.2M.

State Context: Within NY, this facility's penalty places it at the 100th percentile among 140,736 inspected facilities. The statewide average penalty is $2,208.33.

Citation Analysis: The inspection produced 21 citations spanning 6 distinct OSHA regulatory standards. The citation breakdown includes: 3 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm. 11 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 1 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order.

Enforcement Timeline: Citations were issued beginning January 27, 2012 with the latest abatement deadline set for February 29, 2012. Of the 21 total citations, 7 (33%) have been marked as abated in DOL records, which may indicate ongoing compliance gaps requiring further regulatory attention.

Penalty Assessment: The cumulative penalty of $232,800.00 reflects OSHA's gravity-based penalty calculation methodology, which considers the severity of potential injury, the probability of occurrence, the employer's size, good faith, and violation history. The per-citation average of $11,085.71 falls within the standard penalty range.

The enforcement profile for this Rochester facility reveals a troubling intersection of high-gravity technical violations and systemic

Citation Matrix — 21 Citations
29 CFR 1910.37(b)(07)
Maintenance of Exit Routes
Other-than-Serious
Penalty: $4,400.00Gravity: 05Issued: January 27, 2012Abated: ✓ Yes
29 CFR 1910.146(c)(02)
Permit-Required Confined Spaces
Serious
Penalty: $7,000.00Gravity: 10Issued: January 27, 2012Abated: Pending
29 CFR 1910.146(c)(08)
Permit-Required Confined Spaces
Serious
Penalty: $4,400.00Gravity: 05Issued: January 27, 2012Abated: Pending
29 CFR 1910.146(g)(01)
Permit-Required Confined Spaces
Serious
Penalty: $7,000.00Gravity: 10Issued: January 27, 2012Abated: Pending
29 CFR 1910.146(h)(01)
Permit-Required Confined Spaces
Serious
Penalty: $0.00Gravity: 10Issued: January 27, 2012Abated: Pending
29 CFR 1910.147(c)(06)
Control of Hazardous Energy (Lockout/Tagout)
Serious
Penalty: $5,500.00Gravity: 05Issued: January 27, 2012Abated: ✓ Yes
29 CFR 1910.147(c)(07)
Control of Hazardous Energy (Lockout/Tagout)
Serious
Penalty: $5,500.00Gravity: 05Issued: January 27, 2012Abated: ✓ Yes
29 CFR 1910.147(f)(02)
Control of Hazardous Energy (Lockout/Tagout)
Serious
Penalty: $4,400.00Gravity: 05Issued: January 27, 2012Abated: Pending
29 CFR 1910.176(a)
Other-than-Serious
Penalty: $4,400.00Gravity: 05Issued: January 27, 2012Abated: Pending
29 CFR 1910.212(a)(01)
Machine Guarding — General Requirements
Serious
Penalty: $4,400.00Gravity: 05Issued: January 27, 2012Abated: Pending
29 CFR 1910.146(c)(01)
Permit-Required Confined Spaces
Serious
Penalty: $7,000.00Gravity: 10Issued: January 27, 2012Abated: ✓ Yes
29 CFR 1910.146(c)(04)
Permit-Required Confined Spaces
Serious
Penalty: $0.00Gravity: 10Issued: January 27, 2012Abated: ✓ Yes
29 CFR 1910.23(c)(01)
Guarding Floor & Wall Openings
Other-than-Serious
Penalty: $9,800.00Gravity: 02Issued: January 27, 2012Abated: Pending
29 CFR 1910.37(a)(03)
Maintenance of Exit Routes
Serious
Penalty: $7,000.00Gravity: 02Issued: January 27, 2012Abated: ✓ Yes
29 CFR 1910.147(c)(04)
Control of Hazardous Energy (Lockout/Tagout)
Repeat
Penalty: $70,000.00Gravity: 10Issued: January 27, 2012Abated: ✓ Yes
This report is compiled from publicly available U.S. Department of Labor enforcement data under the Freedom of Information Act. SVEP Navigator is an independent research and analysis platform and is not affiliated with, endorsed by, or connected to OSHA, the Department of Labor, or any federal agency. Information is provided for research, educational, and compliance planning purposes only and does not constitute legal advice. Penalty amounts shown are proposed penalties and may have been modified through contest proceedings or settlement.
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