Grocery store chain fined $153,500 in worker death

Sunday, Dec. 19, 1999 | 4:26 a.m.

Scolari's Food & Drug Co. was slapped with state citations in the death of Donald Shepard, 63, who fell from a pallet hoisted 19 feet in the air by a forklift at a Sparks store.

Shepard worked for Business Telephone Technology of Reno and was doing telephone-related work at the store when the June 29 accident occurred.

"We want to make sure that Scolari's or any other employers out there do not use a forklift in an improper manner, and we want to deter any other accidents like this," said David Going of the Nevada Occupational Safety and Health Enforcement office.

The agency is seeking fines of $63,000 because a Scolari's employee used a forklift to hoist Shepard into the air and another $63,000 because Scolari's didn't take adequate precautions to protect Shepard in case he fell.

The agency also is seeking another $27,500 for six other safety violations, four of which were not directly related to the fall.

"Scolari's strongly disagrees with the citation and will file an appeal with the state to have the citation dismissed," Scolari's said in a written statement.

The agency also is seeking $49,000 in fines against Shepard's employer. A company spokesman could not be reached, but Going said Business Telephone Technology is appealing.

Police initially said Shepard fell from a ladder on a pallet hoisted by the forklift. Going said no one saw exactly what happened, but it appears Shepard had just stepped off the ladder onto the pallet when he fell.