Investigator: Conducted: Jennifer Pavlovich April 7, 2011 Address: 2701 N. Parker Rd. Round Rock, TX 78664 512.238.1536 Activity Type: Trash Storage Contacts: OV Louivendor Chris Meek Store Manager Operations Manager 512.238.1536 512.238.1536 Introduction: On April 6, 2011, a complaint was received by Mrs. Jennifer Pavlovich, Bed Bath and Beyond store #305 Shrink and Safety Captain, concerning significant accumulation of trash bags in unapproved containment. A. Factual Narrative/Investigation Summary On April 7, 2011 at 2237 hours, Mrs. Pavlovich arrived in the receiving stockroom of Bed Bath and Beyond– Round Rock (store 305) and proceeded to conduct a safety survey. Trash from the current day filled two 50-gallon trash bins and approximately six bags overflowed onto the floor. Littered with debris, the floor had clearly not been swept. Storage boxes were stacked under two conjoined tables and empty boxes meant for the trash compactor covered the top of the tables and spilled onto the floor. Approximately nine employees remained in the building, on the clock, two of whom worked in the immediate area of the stockroom. The door next to the tables and behind the trash bins marks the only stockroom exit and trash, both in bins, and on the floor filled the area. Also blocked was the fire extinguisher and a large water valve marked fire drain. Other building exits were several hundred feet away, there appeared to be no other fire-safety devices in the area. Maps for safe evacuation were hung on the wall pointing out the nearby escape routes in case of a fire. Clear trash bags revealed that the contents of many bags contained food. Two of these bags were sitting on the floor. When asked if there had ever been a pest problem, employee Zoe Zell reported that the store had previously had problems with rats, bats, and insects; The latter requiring repeated visits from extermination experts. No other evidence of rodents or insects was found at this time. Employees interviewed were aware of safety procedures and evacuation processes in the event of a fire. They were knowledgeable as to the location and use of the store-provided fire extinguishers. A plan of action existed and employees were well versed in procedure should the need for store-evacuation occur. This included a meeting place, a way to account for employees, and a plan to remove customers safely in a timely manner. No employee questioned seemed aware of the potential hazard for blocking exits and trash placement in the area of the stockroom was part of a daily store-closing checklist. Figure 1: Shown is the only exit in the stockroom and surrounding area. The door is blocked by trash, cardboard, and cleaning supplies. Also blocked is the fire extinguisher, the fire alarm panel, and a large water valve. Contents of the trash in the clear bags have evidence of food and are placed on the floor. There are not enough bins to contain the amount of trash used per day. No lids are available to cover the bins in use. Figure 2: This sign is posted on the wall adjacent to the blocked exit. Figure 3: This image shows the blocked fire extinguisher to the immediate right of the stockroom exit door. Trash is seen in uncovered bins blocking both the exit and extinguisher. Trash is also seen stacked on the floor. Tags on the fire extinguisher prove that it is up to code and up to date as inspected by the fire marshal. Figure 4: Though clearly labeled, the fire extinguisher is blocked by trash and objects on a table. Shown is the fire valve which is not accessible at all due to location of the tables and several boxes of merchandise. Figure 5: Boxes piled to the height of over five feet fill the floor in the stockroom in front of the tables. To the left of the boxes is the exit door and current day’s trash. To the right of the boxes are supplies and a cardboard compactor, which is locked for safety purposes. Store manager, Kate Sullivan, stated: “Cardboard is bailed at the end of each day. The compactor remains locked for the safety of employees. Employees aged 18 and younger do not have access to the compactor.” Figure 6: This image provides an alternate view of the extent of piled boxes facing toward the blocked exit door. Figure 7: A day later, April 8 2011, the same problem exists. Here the exit door, marked fire extinguisher, and safety notices are all clearly visible while the blockage still exists. B. Findings 25 TAC 89.33(a), Health Services All entrances and exit doors of a business must be kept free from obstructions that may impede access into or out of the building. Bed Bath and Beyond, Store 305 of Round Rock, has blocked the stockroom exit door with trash, both contained and uncontained, as well as store supplies and materials. Since the door is blocked, this is a direct violation of 25 TAC 89.33(a). 25 TAC 89.33(b), Health Services All garbage disposal containers at a business must be kept in a manner that prevents flies, rodents, and other animals from accessing such garbage. Trash at this location was not located in covered containment bins. Food items were located in bags kept on the floor that would attract flies, rodents, or animals who would easily be able to access the contents of the bag. Because the trash was not contained properly, Bed Bath and Beyond is in violation of 25 TAC 89.33(b). 25 TAC 89.33(c), Health Services All garbage at a business that is stored for more than two hours must be kept in a closed container. Because many of the trash bags were found on the floor without containment units and because the bags that were placed in bins did not contain lids, Bed Bath and Beyond has violated 25 TAC 89.33(c). C. Conclusions 1. Recurrent insect problems and previous small rodent infestation may have directly resulted from improper storage of trash. 2.Trash cans should be provided that have lids and provide cover for the bags to be placed inside. 3. There should be enough trash containers to store all bags of trash and none should be placed on the floor. 4. Provided trash receptacles should have wheels so that they can be moved out of the way of the exit doors easily taken to the dumpster outback where trash can be properly disposed of. 5. Training for employees on emergency procedures and evacuations should include the proper storage of trash and other items so that it does not block exits. D. Recommended Corrective Action Bed Bath and Beyond must supply new trash bins with closing lids and wheels. There should be enough to accommodate a busy day’s worth of trash accumulation. Employees need to be retrained as to fire safety procedures and where to keep trash bags. Follow up should occur in approximately two weeks during the late evening hours to assess compliance. Signed ____________________________________________ Date: __________________