The New York Times reported this weekend that a judge upheld $7,000 fine OSHA levied against Walmart for the trampling death of a worker a couple of years ago. Ho-hum.
But what’s interesting is how hard Walmart has fought it:
Wal-Mart had mounted an aggressive defense to overturn the $7,000 fine, causing OSHA officials to complain that the company had spent more than $2 million on legal fees in the case. OSHA officials said federal employees had to devote more than 4,700 hours of legal work in response to Wal-Mart’s effort to block the $7,000 fine.
Walmart spent $2 million fighting a $7,000 fine—and then had to pay the fine anyway. In other words, it could have paid 285 trampling fines with the money it blew trying to remove this one.
Why would a company do something like that? Why is it spending more money by appealing the ruling? And why would it fight that $7,000 fine when it ended up settling for $2 million to injured customers and Nassau County a few weeks before OSHA handed it down?
Perhaps Walmart is fighting on principle alone. Or maybe it wanted to send a brushback pitch high and inside on the Labor Department.
A Times story back in July on the case reported this:
The company has made so many demands that Labor Department officials said they would not discuss the case except on condition of anonymity because they feared being subpoenaed about their discussions with a reporter.
And one in six man hours in the Labor Department’s New York legal department from February to July last year were consumed with Walmart’s fight. It’s unclear how much time it has consumed since then.
I reckon this has relevance for why financial regulators are so gunshy with the big companies they oversee. Think about the mismatch of resources between regulators and Wall Street. The SEC’s $1.4 billion budget is $600 million less than the marketing budget of Bank of America alone, as Halah Touryalai pointed out last month.
Walmart, for its part, says it’s unfair to say it should have prevented the trampling, which happened at 5 a.m. after 2,000 shoppers queued up by a sign that said “Blitz Line Starts Here.” But it also says this (emphasis mine):
“OSHA wants to hold Wal-Mart accountable for a standard that was neither proposed nor issued at the time of the incident,” said David Tovar, a Wal-Mart spokesman. “The citation has far-reaching implications for the retail industry that could subject retailers to unfairly harsh penalties and restrictions on future sales promotions.”
Wal-Mart is spending $2 million fighting a $7,000 fine at least in part because it thinks OSHA is going to stop it from doing Black Friday promos?
Clearly we don’t have much of an answer here, and that’s why it’s good that the Times is keeping this story in the public eye.
Fascinating post, and fascinating story. The idea that the government is actually outgunned by corporate interests is of fairly recent vintage. The right wing folks continue to insists it's the other way-round, evidence be damned.
The other principle at stake is the company's supposed right to not be held responsible for very predictable mayhem that occurs just outside its doors. You see big nightclubs fighting "nuisance" ordinances all over the country on the same principle, even as more and ore municipalities promulgate such ordinances in response to shootings, stabbings, rapes and other unpleasantness.
The corporate prerogative--inviolate in Libertarian philosophy--is to create the conditions under which people will predictably and routinely be harmed, so long as that is profitable. One suspects that at least several of our Supreme Court's justices will be sympathetic to this idea. That's why it's a principle worth fighting for!
#1 Posted by edward ericson jr., CJR on Tue 29 Mar 2011 at 12:10 PM
I'm late to the game, but couldn't Walmart's effort be motivated in part by a desire to not let plaintiffs in a civil wrongful-death claim wave the OSHA fine in front of a jury?
Poorly-worded sentence, but you get the idea. Hope someone stays on this story.
#2 Posted by Jim Feeley, CJR on Wed 20 Apr 2011 at 11:53 AM