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Bumble Bee Foods To Pay $6 M Settlement In 2012 Death Of Worker Trapped In Oven
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Published By Associated Press
August 12, 2015
Bumble Bee Foods agreed to pay $6 million to settle criminal charges in the death of a worker who was cooked in an oven with tons of tuna. Jose Melena, 62, died three years ago in a 270-degree oven at the seafood company's Santa Fe Springs, California, plant after a co-worker mistakenly believed he was in the bathroom and filled a pressure cooker with six tons of canned tuna. Bumble Bee, its plant Operations Director (Angel Rodriguez) and former Safety Manager (Saul Florez) had each been charged with three counts of violating Occupational Safety & Health Administration rules that caused a death. A portion of the agreement included the following:
- Bumble Bee to plead guilty (if they complete safety measures by January 2017) to a misdemeanor of willfully failing to have an effective safety program.
- Bumble Bee to pay the victim's family $1.5 million. It does not prevent them from also suing the company or receiving workers' compensation funds.
- Florez was sentenced to three years of probation and will face fines and penalties of about $19,000 after pleading guilty to a single felony count of violating a workplace safety rule that caused a death.
- Rodriguez agreed to plead guilty to a misdemeanor and pay about $11,000 after he completes 320 hours of community service and worker safety courses.
The two men had faced up to three years in prison and fines up to $250,000 and the company had faced fines up to $1.5 million. The state's occupational safety agency previously cited the San Diego-based company for failing to properly assess the danger to employees working in large ovens and fined it $74,000.
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August 13, 2015 - OSHA Fines Case Farms, $861,000
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Winesburg, OH
For employees at a leading supplier of chicken the dangers of amputation, electrocution and hazardous falls are all in a day's work, and part of their employer's long history of violating federal worker safety and health standards.
Acting on a referral, OSHA cited the company on Aug. 13 for two willful, 20 repeat, 30 serious and three other-than-serious safety and health violations. OSHA assessed $861,500 in penalties and added the company to the agency's Severe Violator Enforcement Program.
"Case Farms is an outrageously dangerous place to work. In the past 25 years, Case Farms has been cited for more than 350 safety and health violations," said Dr. David Michaels, assistant secretary of labor for occupational safety and Health. "Despite committing to OSHA that it would eliminate serious hazards, Case Farms continues to endanger the safety and health of its workers. This simply must stop."
The February 2015 inspection that resulted in the Aug. 13 citations found:
- Amputation hazards.
- Fall hazards due to non-functioning fall-arrest systems, unprotected platforms and wet work surfaces.
- Lack of personal protective equipment.
- Numerous violations of electrical safety standards.
- Improperly stored oxygen cylinders.
- Lack of emergency eye-wash stations.
Case Farms has an extensive history of health and safety violations. Since 1988, OSHA and the Occupational Safety and Health Division of North Carolina's Department of Labor have inspected the company 66 times at its facilities in North Carolina and Ohio, with citations issued in 42 of those inspections. A majority of the inspections were initiated after worker injuries, complaints or referrals.
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Big News: NFPA 70E - 2015 Standard Released
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The 2015 edition of NFPA 70E introduces a major change in how stakeholders evaluate electrical risk -- so that owners, managers, and employees can work together to ensure an electrically safe working area and comply with OSHA 1910 Subpart S and OSHA 1926 Subpart K.
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