The safety of warehouse workers is a national concern. As the industry grows, heightened production expectations could exacerbate potential health and safety hazards such as overexertion, heat, trips and falls, and falling objects. On May 2, 2024, four U.S. Senators introduced the Warehouse Worker Protection Act (WWPA), the latest in legislative efforts to protect warehouse workers. Provisions include providing workers with written notice of productivity requirements and explanations of performance failures.
Even if the bill doesn’t pass, employers operating warehouses or storage facilities, including certain retailers, should stay vigilant about health and safety concerns. Employers should also keep up with the latest regulatory and industry standards.
Employers should note an ongoing Occupational Safety and Health Administration (OSHA) initiative. In 2023, OSHA launched its National Emphasis Program (NEP) on Warehousing and Distribution Center Operations, the “Warehouse NEP.” Retailers like grocery stores, home centers, and warehouse clubs might not realize they’re on OSHA’s list.
What is an NEP?
OSHA enforces health and safety standards across various industries but has limited inspectors. Thus, OSHA focuses inspections on specific worksites, such as where employees have lodged complaints or suffered serious injuries.
NEPs direct OSHA’s resources to specific industries or hazards. The Warehouse NEP requires OSHA area offices to conduct planned inspections of certain establishments. It has a special provision for retailers in high-injury rate industries, many of whom might not consider themselves “warehouses.” This increases the likelihood of OSHA inspections. Covered establishments should ensure their safety policies are adequate and know how to handle an OSHA inspection.
What Retailers Are Covered?
The NEP covers “high-risk” retail establishments, including home centers, hardware stores, building material dealers, supermarkets, grocery stores, and warehouse clubs. Despite higher injury rates, many retailers might not have robust occupational health and safety programs.
What Is OSHA Looking For?
When OSHA visits high-hazard retailers, it looks for common hazards related to forklifts, material handling and storage, walking/working surfaces, means of egress, fire protection, heat, and ergonomics. Under the NEP, OSHA limits inspections to loading and storage areas, but inspectors might investigate other hazards identified during their visit. Inspectors might find “plain sight” violations or learn about potential hazards through employee interviews and record reviews. Retailers with quasi-warehousing operations should self-audit their safety protocols before an OSHA inspection.
Getting Ready for an Inspection
Surprise OSHA visits can intimidate retailers inexperienced with inspections. It’s crucial to have a plan. Who will accompany the inspector during the walkaround? Does your company have a designated employee representative? Where are the records OSHA will demand?
To prepare, employers should conduct regular hazard assessments and ensure employees are trained on safety procedures. Training should be thorough, as OSHA can interview employees, so they should understand the company’s safety culture.
Five Questions to Ask
An employer on OSHA’s list for the Warehouse NEP should consider these questions:
Is your company compliant with applicable standards?
The Warehouse NEP identifies potential hazards in retailers’ loading and storage areas. Some hazards are governed by Occupational Safety and Health Act (OSH Act) standards, such as those for powered industrial trucks (PITs). Employers should review forklift training records and programs to ensure compliance. Check that managers and employees implement the policy appropriately.
Another common problem is compliance with egress rules. Blocking an exit door could lead to an OSHA citation. One citation could result in repeat offender status for similar future violations.
Is your company proactive about hazards not covered by standards?
Under the General Duty Clause of the OSH Act, employers must provide a hazard-free workplace. OSHA may cite employers for General Duty Clause violations even without formally published rules. Common hazards in warehousing and retail include ergonomics, heat, and material handling.
Overexertion is the most prevalent occupational injury in retail. Repetitive tasks, heavy lifting, and awkward positions can cause musculoskeletal injuries. OSHA has published guidance for preventing musculoskeletal disorders in retail grocery stores.
Another example involves shelving or storage racks, which can be hazardous if improperly installed or loaded.
Employers should recognize these risks and have policies to ensure safe operations.
Does your company maintain compliance effectively?
Occupational health and safety programs need ongoing maintenance. Some standards require periodic attention, such as regular forklift performance evaluations. While OSHA rarely issues new standards, its expectations evolve. OSHA may rely on industry standards, like ANSI safety standards, to judge safety procedures. Employers should stay updated on industry best practices to identify and mitigate recognized hazards.
Does your company have a process for reporting safety complaints and a policy against retaliation?
The OSH Act prohibits retaliation against employees who exercise their rights. Managers and HR staff need to recognize safety complaints and know how to respond.
Is your company in a “state plan” state?
Many states have their own “state plans,” which must be as effective as the federal OSH Act. Know if your company operates in a state plan state, especially those with more stringent safety requirements. For instance, California has rules governing indoor heat exposure, emphasizing warehouses.
Conclusion
The Warehouse NEP increases the likelihood of planned OSHA inspections for high-hazard retailers, reminding companies to comply with standards and improve safety procedures. A safety culture protects employees, reduces workers’ compensation costs, and mitigates potential risks to third parties. Retailers with multiple locations face increased vulnerability to repeat offenses. Consulting with occupational safety and health professionals and legal counsel can help assess safety programs and ensure compliance.