A supplier of fast food and supermarket chicken is facing more than $1.4 million in fines this year for worker safety and health violations at Ohio facilities, including several that led a teenage worker to suffer the amputation of his lower leg, according to federal safety officials. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) levied the latest penalties against Case Farms Processing Inc. for 16 violations at the chicken processor’s Canton, Ohio, facility. The safety failures resulted in two serious injuries to workers while they cleaned machines. A 17-year-old worker, employed by cleaning subcontractor Cal-Clean, had his left leg amputated from the knee down, and a 24-year-old Case Farms employee lost two fingertips. Both workers were fired after the incidents.
OSHA cited Case Farms for two “willful,” 10 “repeated,” and four “serious” safety violations with proposed penalties of $424,600 on Sept 24. The agency also penalized Cal-Clean’s owner, Callaghan and Callaghan, with $179,700, issuing fines on Sept. 28 for two willful, five serious and three other-than-serious safety violations. Both companies were cited for exposing workers to amputation, fall, electrical and other serious hazards.
In August, OSHA placed Case Farms in the agency’s Severe Violator Enforcement Program after it assessed $861,500 in penalties after investigations at the company’s Winesburg, Ohio, facility. Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, stated:
A teenager’s life has been forever altered because of a devastating leg injury just weeks after starting this job. How many injuries will it take before Case Farms stops exposing workers to dangerous machinery parts?
The inspections that resulted in the September citations found: On March 25, a 24-year-old Case Farms employee was cleaning a fat sucker machine when the operating parts of a plunger amputated the fingertips of his right middle and ring fingers. The machine should have been prevented from operating during the cleaning process. The worker, who had been an employee for nearly a year and a half, was suspended from his job for 10 days and subsequently fired.
On April 7, a 17-year-old employee at Callaghan and Callaghan (doing business as “Cal-Clean”) suffered the amputation of his left leg from the knee down when he was cleaning the liver-giblet chiller machine. The teen has been unable to return to work due to his injuries, and he was fired after the incident.
Case Farms does not supervise the sanitation contractor employees working at its facilities, but the company is responsible for exposing the Cal-Clean employee to operating parts of machinery because it failed to install safety mechanisms. OSHA also cited Cal-Clean for failing to report the amputation to the agency within 24 hours, as required. Howard Eberts, OSHA’s area director in Cleveland, said:
In the past 25 years, Case Farms has done little to change a corporate culture where workers are endangered despite repeated OSHA inspections and commitments from the company to fix its safety and health programs. Both Case Farms and Cal-Clean need to make safety a priority for employees who work at dangerous meat processing facilities.
Two other inspections remain open at Case Farms’ Canton facility. In June, OSHA opened an investigation into deficiencies in the ammonia refrigeration system. Exposure to ammonia can cause serious respiratory illness, and accidental releases of ammonia from pressurized pipes and vessels may have catastrophic consequences. In July, OSHA opened an investigation into allegations that poultry workers were experiencing symptoms of campylobacter infection, a foodborne illness.
In 2013, Case Farms agreed to address safety violations in a settlement agreement with OSHA after an inspection found workers exposed to dangerous machinery and other hazards at its Winesburg facility. However, follow-up inspections led to the issuance of citations on May 28, 2015, and most recently on Aug. 13, 2015.
Source: Insurance Journal
Contact us today for a free legal consultation with an experienced attorney.
Fields marked *may be required for submission.
If you would like to subscribe to the Jere Beasley Report digital edition, simply visit our Subscriptions page and provide the necessary information or call us at 800-898-2034.
Attorney Advertising - Prior results do not guarantee a similar outcome.