Was WA right to cite Amazon for safety violations at area warehouses? Hearing underway
Washington state and e-retail giant Amazon are squaring off over workplace-safety citations totaling $81,000 issued against Amazon warehouse facilities in DuPont, Sumner and Kent.
The state’s Board of Industrial Insurance Appeals on Monday began to hear arguments from attorneys representing the two sides. The case focuses on four citations issued to Amazon 2021-2022 under the Washington Industrial Safety and Health Act by the state’s Department of Labor and Industries.
The case is considered Amazon’s first major test in the state under OSHA-WISHA that challenges its workflows and rate of workplace injury claims.
The board is a state agency independent from L&I. The BIIA hears appeals from decisions made by L&I in several areas, including safety citations under WISHA. Its three full-time board members are appointed by the governor.
WISHA citations are issued under L&I’s Division of Occupational Safety and Health, which sets and enforces workplace health and safety standards.
The cited violations focused on ergonomics, repetitive-motion injuries and the rate/pace of work leading to injuries. Amazon has rejected the allegations and is questioning the state’s methods of measurement.
The state, in its opening statement by attorney Elliott Furst, said the inspections were spurred by media reports that contended the DuPont site had an injury rate “of almost 24 percent.”
“We’re not holding Amazon to any unreasonable standards,” Furst said in his opening remarks.
Attorney Jeffrey Youmans, representing Amazon, said in his opening statement that his side would focus on the tools of measurement, pace of work, and what “Amazon has done and had done leading up to these inspections to minimize ergonomic risk.”
History of citations
Amazon was cited for safety violations twice at its DuPont fulfillment site (May 4, 2021 and Jan. 19, 2022) once at its Sumner location (Dec. 1, 2021) and once at its Kent site (March 9, 2022). While the DuPont and Sumner citations included fines of $7,000 each, the Kent citation totaled $60,000.
In an L&I news release shortly after the Kent citation, the department said, “Because L&I has cited Amazon for similar violations in three other inspections at Washington locations, making the company aware of the hazards each time, the most recent violation is classified as a willful violation.”
The department explained that such violation “comes with a significantly higher penalty than those issued as a result of earlier inspections. The company has not yet made necessary changes to improve workplace safety and has consistently denied the association between pace of work and injury rates.”
Maureen Vogel, Amazon media representative, told MarketWatch last week, “We look forward to showing that L&I’s allegations are inaccurate and don’t reflect the reality of safety at Amazon.”
Monday focused on the state’s findings and analysis in the first citation at the DuPont facility and testimony and exhibits from WISHA internal ergonomics expert Richard Goggins.
Among the exhibits, one chart appeared to show how DuPont’s claim rates of musculoskeletal disorders far outpaced warehouse industry average and steadily rose from 2016 to 2019. Another exhibit ranked types/numbers of injuries seen from 2018 to 2019. Back injuries topped the list of claims and neck injuries had the smallest amount for that time period.
Cross-examination of Goggins focused on assessment tools and equations used and whether the brief video clips of workers adequately represented the resulting analyses.
Goggins was the sole witness on the first day, with adjournment just after 5 p.m.
Copies of the witness lists filed with the board include Amazon workers and administrators, as well as experts, with tentative testimony schedules shown going into mid-October.
In a 2022 filing with the board opposing Amazon’s motion requesting a “stay of abatement,” regarding the Kent site, the state at that time predicted a lengthy legal battle ahead.
“Because of the national media attention these cases have received and the nature of the issues, it is probable that, if these cases are litigated, they will ultimately be resolved by the Washington Supreme Court.”
This story was originally published July 25, 2023 at 5:15 AM with the headline "Was WA right to cite Amazon for safety violations at area warehouses? Hearing underway."
