One Mississippi poultry plant has been fined for the highly-publicized death of a teenager who passed away while working illegally at their premises last year.
Poultry Plant Settlement
A Mississippi poultry plant and the US Department of Labor have reached a settlement regarding the death of a 16-year-old who was illegally employed at their facilities last year.
Six-Figure Fine
Mar-Jac Poultry has agreed to pay $164,814 in fines, according to a news release from the Labor Department, concluding a lengthy investigation by the department’s Occupational Safety and Health Administration.
Safety Compliance
The company will also be required to implement better safety measures to protect their employees from machine hazards in the future.
A Tragic Accident
The investigation was launched following the death of Duvan Perez, a 16-year-old who was pulled into a deboning machine during scheduled cleaning at the company’s Hattiesburg poultry plant on July 14, 2023.
Wrongful Death Lawsuit
Earlier this year Perez’s family filed a lawsuit against the company, which is based in Gainesville, Georgia, and has multiple plants, mills, and hatcheries across Mississippi, Georgia, and Alabama.
Recruiting Agency Also Implicated
Onin Staffing, a recruiting agency that hired Perez’, was also named as a defendant. The lawsuit alleged that both companies were directly responsible for the teenager’s tragic death.
Neglectful Working Conditions and Hiring Practices
It accused Mar-Jac of causing his death by neglecting to enforce safety regulations, as well as leaving hazardous machinery on during the cleaning process. Onin Staffing was also accused of illegally hiring a minor.
Illegal Employment
Minors cannot legally work in slaughterhouses under federal law, due to their dangerous equipment and working conditions. During investigations late last year, Mar-Jac confirmed that Perez had used a false identity to apply for the position.
“Surprised and Somewhat Horrified”
Mar-Jac attorney Larry Stine told NBC News in December that Onin Staffing had claimed not to know that Perez was 16 until his death was announced. “Yes, they were surprised, that I can tell you,” Stine said. “They were surprised and somewhat horrified.”
Denying Liability
While Mar-Jac admitted that Perez had passed away at their facilities, the company denied any liability for the teenager’s death, according to court documents.
Shifting the Blame
Instead, the company blamed staffing agencies for failing to properly check candidate identification. Onin Staffing has also denied all liability.
17 Workplace Violations Involved
OSHA has previously cited the Hattiesburg plant for 17 health and safety violations in relation to the case. Prior to Perez’s death, OSHA had also cited the same plant for eight separate violations in 2020 and 2021.
Less Than Recommended
While the Labor Department has only fined the company $164,814 under the settlement, OSHA originally recommended a fine of at least $212,000 for the workplace violations connected to the death.
A Failure to Protect Workers
“Tragically, a teenage boy died needlessly before Mar-Jac Poultry took the required steps to protect its workers,” said Kurt Petermeyer, an Atlanta-based Regional Administrator for OSHA.
Minimizing Risks for Workers
“This settlement demands the company commit to a safer workplace environment and take tangible actions to protect their employees from well-known hazards,” Petermeyer continued. “Enhanced supervision and increased training can go a long way toward minimizing risks faced by workers in meat processing facilities.”
Family Lawsuit Still Ongoing
The wrongful death lawsuit filed by the Perez family is still ongoing in Forrest County Circuit Court. The family’s attorney, Jim Reeves, responded to the settlement news in a statement to Hattiesburg TV station WHLT-TV.
Mar-Jac “Did Nothing”
“Mar-Jac was aware of these safety problems for years and had been warned and fined by OSHA, yet did nothing,” Reeves said. “Hopefully, Mar-Jac will follow through this time so that no other worker is killed in such a senseless manner.”
A Second Investigation
The Labor Department’s Wage and Hour Division is also conducting an ongoing investigation into the case, concerning child labor violations.
The Issue
Since it was reported last year, the Perez case has drawn nationwide attention to child labor in slaughterhouses and across multiple industries. According to Labor Department data, child labor cases have almost doubled across all industries since 2019.
800 Investigations
The agency also confirmed it was operating more than 800 child labor investigations across 47 states as of December 2023.
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