![]() ![]() The dispute proceeded to a hearing before an ALJ. In its view, the training obligation preempted any further duty suggested by the general worker safety standard, such as altering physical aspects of the workspace to prevent underrides. Chewy asserted that to satisfy its OSHA obligations it merely need train workers regarding the risk of underrides. In response to the first accident, Chewy modified its training regimen regarding the risk of underrides, but did not lower itself shelving to prevent such occurrences.Ĭhewy challenged the citation on the basis of an OSHA regulation that mandated training of forklift operators, including training regarding the risk posed by underrides. In May 2019, OSHA issued a citation and notification of penalty to Chewy after one worker had been severely injured in an underride accident, and a second had been killed several months later.
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