A Raymond 740R45TT, similar to the one involved in the accident

Publix Super Markets Inc is contesting a federal regulator's proposed penalties of USD34,500 for serious and repeated violations at a distribution centre in Boynton Beach.

The independent Occupational Safety and Health Review Commission will evaluate the firm's objections to the investigative findings and citations of the Occupational Safety and Health Administration (OSHA).

The operator of a Raymond narrow-aisle reach truck, model 740R45TT, died on 13 June while the equipment moved "at a speed that would not permit it to stop in a safe manner", according to a citation.

Investigators found that Publix "failed to establish and follow specific energy control procedures in accordance with the manufacturer's developed guidelines to ensure the securing/blocking of the powered industrial truck's fork carriage/mast when working under an elevated mast".

OSHA cites an incident at another Publix distribution centre in Jacksonville, Florida in September 2012. "The employer failed to provide training in the procedures for controlling hazardous energy sources as applicable to servicing roof exhaust fans."

OSHA is a unit of the US Department of Labor.

Publix is an employee-owned supermarket chain based in Lakeland, Florida. It has operations in Alabama, Florida, Georgia, North Carolina, South Carolina and Tennessee. Publix has 1,000 supermarkets, eight distribution centres and five manufacturing facilities.