The Thanksgiving turkey isn’t even in the oven, but retailers (and shoppers) are already looking ahead to Black Friday, the day after Thanksgiving when stores traditionally promote once-a-year, enticing — some would say irresistible — prices to shoppers. But Black Friday can be more than a profitable day for retail employers. It also can be a safety hazard.
The Occupational Safety and Health Administration (OSHA) is reminding retail employers to take precautions to prevent worker injuries during major sales events this holiday season. In 2008, a worker was trampled to death while a crowd of shoppers rushed the doors of a Wal-Mart store in New York.
OSHA has a fact sheet listing recommended elements for crowd management, including:
- How to plan and train employees for large crowds.
- How to set up barricades before crowds gather and how to equip employees with radios or other communications devices to enhance safety.
- What to do before stores open when crowds are expected. For example, OSHA recommends posting uniformed guards or police at entrances, using a public address system or bullhorns to communicate information to the crowd, and providing safe entrances for people with disabilities.
- What to do if emergencies occur.
In the 2008 Black Friday incident, OSHA says the store wasn’t using the agency’s crowd management recommendations.
Employers drawing huge crowds on Black Friday or at other events need to consider their liability. Issues to consider include:
- Workers’ compensation claims when workers are injured because of unruly crowds.
- Possible violations of the federal Occupational Safety and Health Act as well as state and local safety laws.
- Civil or criminal legal action if an employee’s injury or death is found to be the result of intentional wrongdoing by the employer.
Find state employment laws regarding safety in 50 Employment Laws in 50 States