ALJ Decision in Americold Logistics, LLC, OSHRC Docket No. 22-1400, Becomes a Final Order of the Commission.
Respondent, Americold Logistics, LLC, (Americold), runs a large cold storage facility in Bloomingdale, Georgia, near Savannah. At the facility, which Americold refers to as “Savannah 2,” the company receives, stores, and ships food products, primarily fresh and frozen protein. Employees at Savannah 2 use several types of powered industrial vehicles (PIV) to accomplish the various tasks associated with this work. In July of 2022, an employee of Americold, who was neither trained nor authorized to operate a PIV at Savannah 2, was severely injured attempting to avoid hitting a bollard while driving the PIV. Upon notification of the accident, the Occupational Safety and Health Administration initiated an inspection of the Bloomingdale facility. As a result of that inspection, the Secretary issued Americold a citation alleging two serious violations of § 5(a)(2) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 (the Act). In Item 1, Citation 1, the Secretary alleges Americold failed to designate separate lanes of travel for pedestrians and PIV in violation of 29 C.F.R. § 1910.176(a). In Item 2, Citation 1, the Secretary alleges Americold allowed an untrained employee to operate a PIV in violation of 29 C.F.R.