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Monday, April 24, 2023

This is one reason why Charlestown needs a "Bad Actor" ordinance

Labor Department fines Dollar Tree $770,000 for unsafe conditions at its Rhode Island Stores

By Will Collette

Charlestown, under the Charlestown Citizens Alliance (CCA), went through long and expensive litigation to stop a Dollar Store from being opened on Route 1A, in our so-called Traditional Village District. 

Because Charlestown lacks a "Bad Actor" ordinance that requires applicants for permits and licenses to meet certain common-sense requirements such as a record free of business crime, environmental, health and safety, wage theft, we were stuck with a losing legal battle. 

The one defense we had, such as it was, was to refuse a permit to the Dollar store by calling it a "department store," which is not a permitted use in the Village District. And that did not go over well in court

On July 31, 2017, RI Superior Court Judge Bennett Gallo ruled against the town zoning board, calling the town decision to classify the Dollar store as a “department store” as “clearly erroneous” and that it “amounted to an abuse of discretion.”

The only reason we don't have a Dollar store on Old Post Road is because Dollar decided to pull the plug.

We could have saved a lot of taxpayer money if we only had a "Bad Actor" ordinance, as I have argued before during our various quarry fights. I hope our new Town Council leadership will take a good look at the concept and adopt a version that meets Charlestown's needs.

Today's announced OSHA penalty is not by any stretch the company's first such violation. A simple Google search can tell you that. 

Here is the official Labor Department news release

DEPARTMENT OF LABOR CITES DOLLAR TREE INC. FOR OBSTRUCTING EXITS, UNSAFELY STORING MATERIALS AT RHODE ISLAND STORES IN PROVIDENCE, PAWTUCKET


National discount retailer faces $770K in penalties after latest inspections


PROVIDENCE, RI – Dollar Tree Stores Inc.’s failure to provide safe work conditions at two Rhode Island stores – violations of U.S. Department of Labor Occupational Safety and Health Administration standards – exposed employees to serious risks and injuries.

The discount retail giant faces a total of $770,136 in proposed penalties for hazards related to obstructed exits, unsafe storage of materials, fire and other hazards at its East Providence and Pawtucket locations.

OSHA inspectors responded to complaints about unsafe conditions at the two stores and found employees exposed to these hazards:

·       Blocked exits: Large piles of materials blocked access to emergency exits. Inspectors found access to an emergency exit completely blocked at the Pawtucket store.

·       Unsafe storage of materials: Boxed merchandise stacked up to 7 feet high at both locations.

·       Fire extinguishers: Storage room materials completely blocked access to fire extinguishers at the Pawtucket store.

·       Compressed gas storage: Inspectors found helium compressed gas cylinders stored and labeled improperly in East Providence. The cylinders also lacked caps for valve protection.

OSHA cited the East Providence store for three repeat violations, with $319,220 in proposed fines, and the Pawtucket location for four repeat violations, with $450,916 in proposed fines. View the citations for the East Providence and Pawtucket stores.

OSHA cited Dollar Tree previously for similar hazards at locations in Georgia, Idaho, Illinois, Massachusetts, Nebraska, New Jersey, New York, Rhode Island, Texas and Wisconsin.

“Providing employees with clearly recognized and legally required safeguards, such as unimpeded exit access, properly stored materials and readily available fire extinguishers, must be a priority for any employer and should not be ignored,” explained OSHA Area Director Robert Sestito in Providence, Rhode Island.

Since 2017, federal and state OSHA programs identified more than 300 violations in more than 500 inspections at Dollar Tree and Family Dollar stores operated by Dollar Tree Inc., based in Chesapeake, Virginia.

One of the nation’s largest retail discount chains, Dollar Tree Inc. operates more than 16,000 Dollar Tree and Family Dollar locations in 48 states and five Canadian provinces. The company also has a nationwide logistics network and has more than 193,000 employees. The publicly traded company reported a gross profit of $7.7 billion in 2021.

Dollar Tree Stores Inc. has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission