EXHIBIT 1: Respondent’s 2008 Valley Stream Implementation of Crowd Management Me

Figure 1: Abatement Measures in Citation and Complaint  Abatement Provision Respondent’s Actions in Compliance 

1. Provide “effective” crowd 

management training. 

Crowd management was subsumed in the Store’s “safety” training something that employees “were trained and had resources availab62. Before 2008, there were no recordable crowd-related injuries tthe Store. See Tr. 167, 996-97. Prior events were largely “without 

271-73. 

2. Use “appropriate” crowd 

management techniques. 

Store Manager Steve Sooknanan and Market Asset Protection ManD’Amico chose techniques based on a combined twenty years of resee Tr. 179, 976, eschewing techniques that seemed “inappropriate

experience, see Tr. 922-24. 

3. Pre-plan special events using a 

person “qualified” in crowd management. 

Respondent could not have pre-planned the Blitz Day events for its stores using people specifically “qualified” in crowd management 

was “almost non-existent” and there were only five known experts 471-73, 573. However, Mr. Sooknanan and Mr. D’Amico were quexperience, as noted above. Mr. Wertheimer concedes that “people retail” have the best information about the desirability of their prod

customers will react to them. Tr. 476-77 

4. Maintain queue lines. Interlocking barricades formed a clear, L-shaped queue area. Tr. 10

Employees asked customers to stay behind the barricades and on th

queue formation. Tr. 87, 1111-13. When customers refused to stanemployees asked the police for help. Tr. 1015. 

5. Use metering. — 6. Use comprehensive barricade 

systems. 

Respondent used “construction style” barricades that extended for the Store and were difficult to jump over. Tr. 87, 550. 

7. Employ adequate number of 

crowd managers. 

The Secretary’s witnesses indicated that eight to eighteen crowd mnecessary. Tr. 588-90. Respondent had fifteen trained employees mline. Tr. 103. It could not have obtained a sufficient number of “ex

there were only five in the world, as mentioned above. 

8. Employ adequate number of 

supervisors. 

The following supervisors (and perhaps others) were present on BlSteve Sooknanan, Sal D’Amico, Roydell Shaw, Mike Sicuranza, a
2 

 Abatement Provision Respondent’s Actions in Compliance 9. Use stanchions and rope lines. — 10. Use effective signage and provide 

information to waiting customers. 

The Store used a “line starts here” sign, and customers lined up in 

indicated. Govt. Rebuttal Ex. 1, at 14; Govt. Ex. 34(a). Employees information to customers, answered questions, and told jokes. Tr. 1

11. Use radios to facilitate employee 

communication and to provide customers with timely information. 

Employees used five or more walkie-talkies to communicate about 

the crowd, Tr. 173, 223, 895, 924, 1077, 1106-07, and they expectwould use their loudspeakers as they had in previous years, Tr. 271
3 

Figure 2: Additional Measures Suggested in “Examples” Section of Paul Wertheimer’s Expert Report  Additional/Different Measure Respondent’s Actions in Compliance 1. Retain crowd safety experts to 

prepare and implement a crowd management plan. 

It was technologically infeasible to use an “expert” for this purposeabove. However, Respondent planned for the event “several weeks

distributing documents like the Market 45 Action Plan, obtaining bsecurity guards, securing a police presence, and planning for a 12-

based on yearly trends. Tr. 997-99, 1111-13. 

2. Include risk assessment and 

emergency plan in crowd management plan. 

Respondent assessed its risks based upon prior years’ sales and expthat was “generally reasonable,” just as Mr. Wertheimer would havIts detailed Emergency Procedures Manual was available at multipthroughout the Store, Tr. 983-87, and Mr. Wertheimer concedes thbeen” an adequate emergency plan, Tr. 538. 

3. Train employees delegated to 

perform crowd management and control duties. 

Respondent provided slip, trip, and fall training and instructed emp

converse with the crowd and encourage calm, orderly behavior. It them to keep carts out of the line and stay out of the oncoming crow

among other things. Tr. 87, 1111-13. 

4. Equip employees delegated to 

perform crowd management and control duties. 

Employees wore uniforms and name tags, Tr. 1006, and several haas noted above. 

5. Put crowd management plan in 

writing. 

Respondent had a written Market 45 Action Plan, see Govt. Ex. 2, 

written Emergency Procedures Manual, see Resp. Ex. 30, and manplanning documents available on its company intranet, see Resp. E

6. Use metering. — 7. Use queuing. Respondent encouraged queuing by instructing customers to remai

orderly, using barricades, and posting a “line starts here” sign, amoGovt. Rebuttal Ex. 1, at 14; Tr. 1111-13. 

8. Use ticketing. — 9. Use crowd segmentation. — 10. Use wrist banding. — 11. Obtain written confirmation from 

police. 

— 
4 

 Additional/Different Measure Respondent’s Actions in Compliance 12. Provide multiple entrances. — 13. Provide safe movement through 

the vestibule “by reducing crowd density and [providing] an adequate number of staff trained in crowd management.” 

Employees aimed to reduce density by asking customers to move adoor and to stop pushing. Tr. 249. They planned for safe movemenvestibule by removing slip and fall hazards, encouraging customer

keeping customers informed. Tr. 1111-13. At least fifteen employe

line, which is within the Secretary’s recommended range. Tr. 103, 

14. Abate slip, trip, and fall hazards. Respondent trained all employees to abate slip, trip, and fall hazard

Secretary conceded this at the hearing. Tr. 1027, 1111-13. 

15. Adhere to local regulations. Respondent adhered to local regulations. 16. Address customers’ anxiety by 

keeping them informed and addressing their concerns. 

Respondent provided information, answered questions, and addres

concerns, as explained above. 

17. Protect people with disabilities by 

offering them separate entrances and exits. 

Mr. Sooknanan personally escorted a pregnant woman into the Stoobserving that she needed special assistance. Tr. 1020. 

18. Provide a safe environment for 

managers and staff monitoring the crowd, e.g. elevated perches. 

Respondent told employees to come inside when the crowd becam87, 242. 925, and to stay out of the crowd’s way as it entered the st

19. Inform employees and customers 

of escalating crowd dangers. 

Respondent instructed employees to stay out of the crowd’s way. customers to walk, not run, and requested that individuals form a l

pushing. Tr. 87, 249, 1111-13. 

20. Prevent employees from locking 

one or more store exits. 

The Store’s Safety Committee ensured that emergency exits remaiand unblocked on Blitz Day. Tr. 1002. 

21. Discourage employees from 

cheering shoppers. 

— 

22. Provide public amenities to 

waiting customers. 

— 

23. Establish chain-of-command. Respondent had a chain of command with Store Manager Steve So

directing Blitz preparations and Market Asset Protection Manager and Asset Protection Coordinator Julius Blair providing support. Eunderstood that Mr. Sooknanan was “overall” manager. Tr. 12, 68, 
5 

Figure 3: Additional Measures Suggested in OSHA’s November 11, 2009 Fact Sheet  Additional/Different Measure Respondent’s Actions in Compliance 1. Have trained security or crowd 

management personnel or police officers on site. 

Respondent hired two security guards, Tr. 1074, and it secured the police by calling the local precinct before the event. Govt. Ex. 145193-94; Tr. 1014-15. 

2. Create a detailed staffing plan that 

designates a location for each employee. Determine the number of employees needed in various locations. 

Respondent stationed fifteen employees outside to monitor and ass

mentioned above. Employees generally worked in designated store as Lawn & Garden or Electronics. Respondent hired 100 temporarevent, Tr. 234, which was more than it had used in previous years designed to accommodate a 12-13% increase in traffic. Id.; Tr. 997

3. Ensure that employees are 

properly trained to manage the event. 

Respondent provided slip, trip, and fall training and instructed emp

converse with the crowd and encourage calm, orderly behavior. It them to keep carts out of the line and stay out of the oncoming crow

among other things. Tr. 87, 249, 1111-13. 

4. Contact local fire and police 

agencies to make sure the event meets public safety requirements and ensure that local emergency services are aware of the event. 

Respondent had an established relationship with the local precinct, 

aware of the general nature of Blitz Day, as well as the details of thTr. 235-38, 271-73. 

5. Designate an employee to contact 

local emergency responders. 

Steve Sooknanan and Sal D’Amico both designated Julius Blair as liaison with the police. Tr. 239, 999. He understood and exercised 

Ex. 148(a), at 188-89, 193-94. 

6. Provide legible and visible signs. The Store used a “line starts here” sign, and customers lined up in 

indicated. Govt. Rebuttal Ex. 1, at 14; Govt. Ex. 34(a). 

7. Discourage customers from 

running. 

Respondent repeatedly discouraged customers from running. Tr. 1

8. Prepare an emergency plan that 

addresses potential dangers facing 

employees. Share plan with local public safety agencies. 

Respondent maintained an Emergency Procedures Manual that proinstructions on addressing disaster scenarios such as in-store violenweather. Tr. 985-85; Resp. Ex. 30, at 11-12. Copies of this plan weemployees at several locations in the Store, including the Service DOperator’s Desk, and the Store Manager’s Office. Tr. 983-87. 
6 

 Additional/Different Measure Respondent’s Actions in Compliance 9. Train employees in crowd 

management procedures and the emergency plan. Provide opportunities to practice. 

Respondent instructed employees in relevant crowd management pnoted above. Also, the Emergency Procedures Manual and Market were both widely available to employees. Govt. Ex. 11; Tr. 983-87

began its preparations “several weeks” in advance and held weekly review roles and responsibilities. Tr. 998-1000. 

10. Set up barricades or rope lines 

well in advance of customers arriving. 

Respondent set up its barricade system on Thanksgiving night, befhad arrived. Tr. 1050, 1061. 

11. Make sure that barricades are set 

up so the line does not start right at the store’s entrance. 

Respondent positioned its barricades forty feet in front of the Storecreate a buffer zone. Tr. 1061 

12. Ensure that barricade lines have an 

adequate number of breaks and turns. 

— 

13. Designate employees to explain 

approach and entrance procedures to the arriving public. 

Employees instructed customers to remain calm and in line, and aspush or run. Tr. 87, 249, 1111-13. 

14. Make sure outside personnel have 

radios or some other way to communicate with personnel inside and emergency responders. 

Employees used five or more walkie-talkies to communicate about 

the crowd and they expected that police would use their loudspeakabove. 

15. Consider using mechanisms like 

wristbands or tickets. 

— 

16. Consider using Internet lottery for 

“hot” items. 

— 

17. Locate shopping carts and other 

potential obstacles inside the store. 

Respondent placed shopping carts inside the Store and prevented c

carrying carts in the queue. Tr. 103, 251. 

18. If appropriate, provide public 

amenities. 

— 
7 

 Additional/Different Measure Respondent’s Actions in Compliance 19. Communicate updated information 

to customers waiting in line. Distribute pamphlets showing the location of entrances, exits and special sales items within the store. 

Respondent communicated with customers while monitoring the li

their questions and providing information, as discussed above. Res

consciously decided against the use of pamphlets because they had 

potential slip and fall hazard on a prior occasion. Tr. 993-94. 

20. Shortly before the opening, remind 

waiting crowds of the entrance process. 

Respondent repeatedly reminded customers not to push or run, as d

21. Make sure all employees and 

crowd control personnel are aware that the doors are about to open. 

Employees asked the crowd to step back from the doors and count

before the opening. Tr. 249, 890-91. 

22. Staff entrances with uniformed 

guards, police or other authority. 

Respondent hired two security guards and secured the presence of 

discussed above. 

23. Use a public address system or 

bullhorns to manage the entering crowd. 

Respondent expected that the police would use bullhorns as they h

years, as discussed above. 

24. Position security or crowd 

managers to the sides of entering (or exiting) customers. 

Respondent instructed all employees to stand out of the crowd’s wthe Store, as discussed above. 

25. Provide crowd- and entry 

management measures at all entrances, including the ones not being used. If possible, use more than one entrance. 

The Store’s Safety Committee monitored emergency doors to ensuremained unblocked. Tr. 1002. Employees were stationed at the en

doors to assist customers. Tr. 143, 1002. 

26. When the store reaches maximum 

occupancy, do not allow additional customers to enter. 

The Secretary has not alleged that the Store reached maximum occ

526. 

27. Provide a safe entrance for people 

with disabilities. 

Mr. Sooknanan personally escorted a pregnant woman into the Stoobserving that she needed special assistance. Tr. 1020. 
8 

 Additional/Different Measure Respondent’s Actions in Compliance 28. Do not restrict egress, and do not 

block or lock exit doors. 

The Safety Committee ensured that emergency doors remained unb1002. Respondent instructed employees to stay out of the entering to clear potential slip and fall hazards. Tr. 1111-13. 

29. Know in advance who to call for 

emergency medical response. 

Employees all understood to call 911 in an emergency. Tr. 101, 16982. 

30. Keep first aid kits and AEDs 

available and have trained personnel onsite. 

Respondent kept first aid kits in its stores and provided associates w

on administering assistance in an emergency. Resp. Ex. 30, at 133-

31. Instruct employees, in the event of 

an emergency, to follow instructions from authorized first responders, regardless of company rules. 

Respondent instructed employees to “cooperate fully with authorit30, at 68.