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Walmart Loses Court Appeal of OSHA Warehouse Storage Citation

Oct. 4, 2022, 3:37 PM

Walmart Inc. failed to convince a federal appeals court panel that an OSHA citation against the retailer must be vacated.

The US Court of Appeals for the Second Circuit on Tuesday upheld an Occupational Safety and Health Administration citation accusing Walmart of improperly storing merchandise in a Johnstown, N.Y., warehouse.

A three-judge panel of the appeals court unanimously overturned a 2-1 vote by the agency’s independent review commission in December 2021 that vacated the citation.

The commission majority had agreed with Walmart’s assertion that a rule cited by OSHA—specifying how to secure goods stored in tiers—only applied to goods that ...