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NAME OF REGISTRANT: Walmart Inc.
NAME OF PERSON RELYING ON EXEMPTION: United for Respect
Education Fund
ADDRESS OF PERSON RELYING ON EXEMPTION: 2108 N ST STE 4231,
Sacramento, CA 95816
Written materials are submitted pursuant to Rule 14a-6(g)(1)
promulgated under the Securities Exchange Act of 1934. Submission
is not required of this filer under the terms of the Rule, but is
made voluntarily.
April 28, 2023
Dear fellow Walmart shareholders,
Every person deserves to be safe at work, and every employer has an
obligation to implement reasonable safety measures to protect
employees and customers from harm. This is especially true in
public-facing positions that come with obvious risks – exposure to
illness, violence, physical harm, and mental distress. For a
company like Walmart, owned by one of the richest families in the
world, the failure to invest in employee safety sends a clear
message to associates: our lives are not assets worth
protecting.
Retail positions are filled with occupational hazards that can pose
serious health and safety risks to workers. Slips, trips and falls
are among the most common hazards in the retail sector. These
accidents happen due to wet floors, cluttered aisles and the
pressures of understaffing, among other potential risks. In 2021,
Walmart paid more than $1.4 million to compensate Linda Watts for
injuries (torn rotator cuff and dislocated shoulder) she suffered
after sliding on a floor mat at a cash register. Watts’ incident is
not an isolated one.i Workplace safety and health
violations are so common at Walmart that Good Jobs First, started a
violation tracker to aggregate Occupational Safety and Health
Administration violations at the company.ii These violations have levied
millions of dollars in penalties on the company.
Lamentably, Walmart associates also suffer from a less obvious but
more pernicious occupational hazard: gun violence. Last November,
six associates at a Walmart store in Virginia were killed on the
job in a tragic mass shooting perpetrated by a Walmart
manager.iii Just
two months later, there was a separate attack, this time at a store
in Indiana.iv These
are not isolated tragedies – between January 1, 2020 and November
22, 2022 there were at least 363 gun incidents and 112 gun deaths
at Walmart locations across the country.v Walmart associates are still
haunted by the horrific memory of the 2019 mass shooting, motivated
by racism and hate, that took the lives of 23 people at a Walmart
store in El Paso, Texas.vi
In the wake of these incidents, Walmart executives, including CEO
Doug McMillon, failed to update store safety policies, enhance
security, listen to workers’ concerns or take any real steps to
protect associates and customers on the job. Company spokespeople
are quick to offer ‘thoughts and prayers’ and then move on to the
next issue. How many more people have to die at Walmart before the
company invests in real changes?
As a 22-year Walmart associate, I am personally invested in keeping
myself and my fellow associates safe at work. At Walmart’s annual
shareholder meeting in May, investors will consider a resolution I
filed calling for an independent review of the company’s policies
and practices on workplace safety and violence. While my proposal
does not require the company to do so, I hope this review includes
engagement with a wide variety of stakeholders, including hourly
associates, and sets forth concrete recommendations for protecting
the well-being and lives of Walmart employees.
I ask my fellow shareholders to vote yes for this proposal.
Please contact Bianca Agustin at bianca@united4respect.org for more
information or to arrange to speak with me.
Sincerely,
Cynthia Murray
Walmart Associate
Hyattsville, Maryland
Workplace Safety and the Prevention of Workplace Violence
PROPOSAL 12
Resolved: Shareholders urge Walmart Inc. (“Walmart” or the
“Company”) to conduct a third-party, independent review of the
impact of Company policies and practices on workplace safety and
violence, including gun violence. A report on the review, prepared
at reasonable cost and omitting proprietary information, should be
published on Walmart’s website. At company discretion, the
proponents recommend the audit and report include: (1) Evaluation
of management and business practices that contribute to an unsafe
or violent work environment, including staffing capacity and the
introduction of new technologies; and (2) Recommendations that will
help Walmart create safer work environments and prevent workplace
violence.
INTRODUCTION
Walmart and
its investors have a shared obligation to ensure that the company
is a safe place for both customers and associates.
Health and safety risks to Walmart Associates were exacerbated by
the COVID-19 pandemic. From early 2020 to the present day, Walmart
associates have criticized the Company’s response and lack of
regard for employee well-being.vii In analyzing OSHA data from
2021, the National Employment Law Project (NELP) found that
COVID-19 infection rates at Walmart stores across America
increased, while the average private sector rate
declined.viii
According to NELP, Walmart associates working in supercenters were
75% more likely to experience work related injuries and illness
compared to the retail industry average.ix Workplace injuries cost U.S.
businesses billions of dollars every year.x A study by the Strategic
Organizing Center found that for every 100 full-time equivalents at
Walmart, 3 FTEs were likely to be injured in a given year, while 1
FTE were likely to be seriously injured.xi Given the size of Walmart’s
U.S. based workforce, this translates to 48,000 Walmart workers
getting injured every year with an additional 16,000 getting
seriously injured while working at Walmart.
Walmart associates also suffer from a less obvious but more
pernicous occupational hazard. Workplace violence, specifically gun
violence, has become a serious and common occupational hazard for
Walmart associates. Between January 1, 2020 and November 22,
2022 there were at least 363 gun incidents at Walmart locations
across the United States that killed 112 people.xii
WALMART ASSOCIATES SUFFER HIGH RATES OF INJURY AND
ILLNESS
In 2019, the National Council for Occupational Safety and Health
(National COSH) listed Walmart as one of the "Dirty Dozen"
employers for unsafe working conditions, citing incidents of
serious injury and fatalities in its stores.xiii The report highlighted
concerns related to workplace violence, inadequate training, and
insufficient staffing levels.
Walmart has also been criticized for its handling of the COVID-19
pandemic. Associates have reported inadequate safety measures, lack
of personal protective equipment, lack of paid sick leave, as well
as feeling pressured to come into work while feeling sick. Research
conducted by Human Impact Partners found Walmart could have
prevented over 7,500 COVID-19 cases and saved 133 lives with better
workplace protections and a more robust paid sick time policy. In
addition, researchers have estimated that 125,000 Walmart workers
in the United States likely contracted COVID-19 between February
2020 and February 2021.xiv
The pandemic was not the first time Walmart’s internal safety
protocols have been scrutinized. The company has been subject to
multiple lawsuits and fines related to safety violations that have
hurt its reputation and bottom line. Since 2016, Walmart has paid
hundreds of thousands of dollars in OSHA fines.xv In 2020, Walmart only filed
242 injury reports to OSHA for more than 242 facilities, while in
the same year OSHA300A logs depict over 53,000 Walmart associates
getting injured on the job.xvi
xvii In addition to physical safety hazards, Walmart's
general employment practices also impact employee well-being.
Associates have reported being subjected to intimidation and
retaliation for speaking out about safety concerns and trying to
organize for better working conditions.
Walmart Associates such as TaNeka Hightower of Tennessee, have
expressed Walmart’s lack of commitment to worker health and safety.
In an interview with Hightower, she shared how she felt expendable
to the Company in stating that Walmart values profits over the
welfare of their workforce. “I’m a person first, I’m not a number
for Walmart to make profits! No one should have to go to work and
be unsafe. People should feel safe shopping. I shouldn’t have to
worry about the possibility of an active shooter. I shouldn’t have
to worry about hurting myself pulling pallets without having the
appropriate machines to help me do this work. I’ve seen managers
and associates get injured doing the work of five people. It
shouldn't be like this! It doesn’t have to be like this!”
INCIDENTS OF WORKPLACE VIOLENCE
IN RETAIL SETTINGS ARE INCREASING
News headlines
about mass shootings and gun violence are ubiquitous in this
country, but less talked about are the related occupational hazards
some workers uniquely face by virtue of their jobs. For Walmart
associates these hazards range from accidental firearm discharges,
to intentional shootings and mass shootings, all of which produce
serious injuries and fatalities for Walmart associates and
customers alike. One high-profile mass shooting occurred in August
2019 when a gunman opened fire at a Walmart store in El Paso, Texas
killing 23 people and injuring many more.xviii More recently Walmart
made national news when six associates at a Walmart store in
Chesapeake, Virginia were killed on the job in a tragic mass
shooting perpetrated by a Walmart manager in November
2022.xix
The El Paso shooting prompted survivors and associates to call on
Walmart to change their gun sale policies and was a catalyst for
lawmakers to push for tighter gun control legislation. In September
2019, Walmart announced that it would stop selling certain types of
ammunition and would ask that customers not openly carry firearms
in their stores, even in states where it is legal to do
so.xx
The company’s track record demonstrates that current efforts are
not working to protect associates or customers. Incidents of gun
violence have become all too common at Walmart. Between January 1,
2020 and November 22, 2022 there were at least 363 gun incidents
and 112 gun deaths at Walmart.xxi By comparison, Kroger
experienced 45 gun-related incidents during the same time period.
Grocery chains like ShopRite, Whole Foods, Costco, Stop & Shop
experienced less than 10 gun incidents.xxii For every 100 Walmart
stores there were 7.8 gun incidents, compared to 3.3 incidents for
every 100 Kroger locations and 1.1 incidents for every 100 Whole
Foods locations. The sheer rate of gun violence incidents at
Walmart stores should raise concerns over the health and safety of
associates and customers. Walmart shareholders can help address
these concerns by asking the company to conduct an independent
audit to assess the effectiveness of the company’s safety and
violence prevention policies and protocols.
Conclusion
An independent third-party audit of Walmart’s workplace safety and
violence prevention policies and practices will help Walmart create
safer work environments and could lead to a reduction in the
number of shooting incidents in or near Walmart stores, as well as
contribute to an increase in worker productivity, retention, and
morale.
For these reasons, we urge Walmart shareholders to Vote FOR
Proposal 12 on the company’s proxy statement.
For questions, please contact Bianca Agustin at bianca@united4respect.org.
i
Land, Greg. “Federal Jury Awards $1.4M in Ga. Walmart Slip and
Fall.” Law. 8 Dec, 2021. Available at: https://www.law.com/dailyreportonline/2021/12/08/federal-jury-awards-1-4m-in-ga-walmart-slip-fall/
. Accessed on 1 April, 2023.
ii
Violation Tracker Current Parent Company Search: Walmart.” Good
Jobs First. https://violationtracker.goodjobsfirst.org/?parent=walmart&order=penalty&sort=asc.
Accessed on 1 April, 2023.
iii
Heim, J., Wm. Moyer, J., J. Lang, M. “Walmart gunman showed
troubling behavior before attack, ex-colleagues say.” The
Washington Post. 4 Dec, 2022. Available at: https://www.washingtonpost.com/dc-md-va/2022/12/04/walmart-shooting-virginia-chesapeake-behavior/.
Accessed on 1 April, 2023.
iv
Sundby, A,, Tanyos, F. “Gunman in Walmart shooting told workers at
nightly meeting to line up against wall, Indiana Police say.” CBS
News. 21 Jan, 2023. Available at: https://www.cbsnews.com/news/shooting-walmart-evansville-indiana-suspect-killed/.
Accessed on 1 April, 2023.
v
“Following Virginia Walmart shooting, new research shows gun
violence is a serious threat at nation’s grocery stores.” Guns Down
America. 23 Nov, 2022. Available at: https://www.gunsdownamerica.org/new-research-shows-gun-violence-is-serious-threat-at-grocery-stores/.
Accessed on 1 April, 2023.
vi
Morgan, L., Weber, P. “Texas man pleads guilty in racist 2019
Walmart attack. AP News. 9 Feb, 2023. Available at: https://apnews.com/article/mexico-united-states-government-patrick-crusius-texas-el-paso-a2a924593883056af3782f33e3200fee.
Accessed on 1 April, 2023.
vii
Murray, C. “If Walmart wants to hear workers’ voices, it should
give us a seat at the table.” FORTUNE. 16 Oct, 2020. Available at:
https://fortune.com/2020/10/16/walmart-workers-covid-19-safety-board-seats/.
Accessed on 1 April, 2023.
viii
NELP analysis of OSHA Injury Tracking
Application and the Bureau of Labor Statistics Survey of
Occupational Illness and
Injury
ix
NELP analysis of OSHA Injury Tracking
Application and the Bureau of Labor Statistics Survey of
Occupational https://www.bls.gov/news.release/pdf/osh.pdf
x
2022 Workplace Safety Index: the top 10 causes of disabling
injuries. Helmsman Management Services LLC. 14 Sept, 2022.
Available at: https://www.helmsmantpa.com/2022/06/17/2022-workplace-safety-index-top-10-causes-of-disabling-injuries/.
Accessed on 1 April, 2023. And
Elflein, J. “Direct costs of the top 10 most disabling U.S.
workplace injuries in 2022.” Statistia. 23 Aug, 2022. Available at:
https://www.statista.com/statistics/711311/direct-costs-of-top-disabling-workplace-injuries-in-the-us/.
Accessed on 1 April, 2023.
xi
Primed for Pain: Amazon’s Epidemic of Workplace Injuries. Strategic
Organizing Center. May 2021. Available at: https://thesoc.org/amazon-primed-for-pain/.
Accessed on 1 April, 2023.
xii
“Following Virginia Walmart shooting, new research shows gun
violence is a serious threat at nation’s grocery stores.” Guns Down
America. 23 Nov, 2022. Available at: https://www.gunsdownamerica.org/new-research-shows-gun-violence-is-serious-threat-at-grocery-stores/.
Accessed on 1 April, 2023.
xiii
National Council for Occupational Safety: The Dirty Dozen 2019.
April 2019. Available at: https://nationalcosh.org/sites/default/files/uploads/2019_Dirty_Dozen.pdf.
Accessed on 1 April, 2023.
xiv
https://www.nytimes.com/2021/09/27/business/walmart-coronavirus-workers-safety.html
xv
Occupational Safety and Health Administration Enforcement Cases
with Initial Penalties of $40,000 or above using the term Wal-Mart
and Walmart. Available at: https://www.osha.gov/enforcement/toppenalties.
Accessed on 1 April, 2023.
xvi
Greene, J., Alcantara, C. Amazon warehouse workers suffer serious
injuries at higher rates than other firms. The Washington
Post. 1 June, 2021. Available at: https://www.washingtonpost.com/technology/2021/06/01/amazon-osha-injury-rate/?itid=hp-top-table-main.
Accessed on 1 April, 2023.
xvii
Occupational Safety and Health Administration: Establishment
Specific Injury and Illness Data search “CY 2020” for Walmart.
Available at: https://www.osha.gov/Establishment-Specific-Injury-and-Illness-Data.
Accessed on 1 April, 2023.
xviii
Chavez, Julio-Cesar. “Death toll reaches 23 from last year’s mass
shooting in El Paso, Texas.” Reuters. 26 April, 2020.
Available at: https://www.reuters.com/article/uk-texas-shooting-idUKKCN22900J.
Accessed on 1 April, 2023.
xix
Elamroussi, Aya. “The youngest of 6 victims in a deadly mass
shooting at a Virginia Walmart has been identified as authorities
learn more about the gunman.” 26 Nov, 2022. Available at:
https://www.cnn.com/2022/11/26/us/chesapeake-virginia-walmart-shooting-saturday/index.html.
Accessed on 1 April, 2023.
xx
Corporate Walmart: McMillon to Associates: Our Next Steps in
Repsonse to the Tragedies in El Paso and Southaven. 3 Sept, 2019.
Available at: https://corporate.walmart.com/newsroom/2019/09/03/mcmillon-to-associates-our-next-steps-in-response-to-the-tragedies-in-el-paso-and-southaven.
Accessed on 1 April, 2023.
xxi
“Following Virginia Walmart shooting, new research shows gun
violence is a serious threat at nation’s grocery stores.” Guns Down
America. 23 Nov, 2022. Available at: https://www.gunsdownamerica.org/new-research-shows-gun-violence-is-serious-threat-at-grocery-stores/.
Accessed on 1 April, 2023.
xxii
“Following Virginia Walmart shooting, new research shows gun
violence is a serious threat at nation’s grocery stores.” Guns Down
America. 23 Nov, 2022. Available at: https://www.gunsdownamerica.org/new-research-shows-gun-violence-is-serious-threat-at-grocery-stores/.
Accessed on 1 April, 2023.
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