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
424
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.

BLS Injury Data: According to the Bureau of Labor Statistics (2022), this industry sector has an occupational injury rate of 3.1 per 100 full-time workers — 15% above the national average of 2.7. The sector fatality rate is 2.2 per 100,000 workers.

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

Industry Benchmark (NY)

This facility's $232,800 penalty is higher than 99% of all penalized companies in the NAICS 452112 industry in NY. The state average penalty for this industry is $21,098.

$21,098
State Avg
$232,800
This Facility
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.
Local Competitor Benchmark

Comparing penalized facilities in ROCHESTER, NY (Broader Sector)

WALMART SUPERCENTER STORE #2859 (This Facility)
$232.8K
21 cit.
GREGORIO'S
$7.1K
4 cit.
SALZMAN GROUP, INC.
$3.5K
8 cit.
HOUSE OF GUITARS, INC.
$2.0K
9 cit.
More NY Enforcement Records
ALJ HOME IMPROVEMENT INC
SPRING VALLEY, NY
$1.3M
12 cit.
FRAZER & JONES, LLC
SYRACUSE, NY
$1.0M
34 cit.
DME CONSTRUCTION ASSOCIATES INC.
OLD BETHPAGE, NY
$600.0K
13 cit.
MC WANE, INC. DBA KENNEDY VALVE
ELMIRA, NY
$575.4K
204 cit.
ELITE ROOFING SERVICES, INC.
GLEN COVE, NY
$522.5K
7 cit.
Other Inspected Facilities in ROCHESTER, NY
UCB MANUFACTURING, INC.
$260.0K
15 cit.
UPSTATE NIAGARA COOPERATIVE, INC.
$182.4K
48 cit.
AMERICAN RECYCLING & MANUFACTURING COMPANY, INC.
$151.3K
22 cit.
WEGMANS FOOD MARKET, INC.
$90.0K
3 cit.
CANNON INDUSTRIES, INC.
$58.0K
22 cit.
Related Guides & Tools
OSHA Fines & Penalties Guide →
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Explore more: OSHA enforcement in ROCHESTER · New York data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was WALMART SUPERCENTER STORE #2859 cited for?

WALMART SUPERCENTER STORE #2859 received 21 citation(s) covering 6 distinct OSHA standards. Total proposed penalties were $232,800.00. The inspection opened on 2011-08-02.

How much was WALMART SUPERCENTER STORE #2859 fined by OSHA?

OSHA proposed penalties of $232,800.00 against WALMART SUPERCENTER STORE #2859 in ROCHESTER, NY. Average per citation: $11,085.71.

Is WALMART SUPERCENTER STORE #2859 a safe workplace?

Based on enforcement records, WALMART SUPERCENTER STORE #2859 has a risk score of 60 out of 100. 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.

How does this penalty compare to the industry average?

The average penalty for Retail Trade facilities is $6,467.77. This facility penalty of $232,800.00 is above the industry average.