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ELHRP's Just the Facts feature on page 529 highlights a general duty claim pursued against Walmart in 2008 following its alleged failure to abate the hazard presented by a Black Friday mob. At the time of the store's 5:00 a.m. opening the frenzied crowd surged through the store's exterior doors and trampled the temporary worker who ultimately died of asphyxiation. As a result of the incident, Walmart was cited for violating OSHA and slapped with a $7,000 penalty. Walmart contested the citation vigorously. For more information, review the article and accompanying video published by the Huffington Post in November, 2014.
In March of 2015, and after spending more than $1 million in legal fees, Walmart finally gave up the battle against OSHA.
Why did Walmart fight this citation? Discuss the implication a citation like this has for Walmart and other employers. How much more broadly could this decision expand the general duty imposed on employers? Is it reasonable to require employers to reduce the hazard of 'frenzied customers?' How would an employer do so?
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