Tyson workers file lawsuit
Tyson Foods workers allege company failed to pay for work
Tyson Foods Inc. is staring at a lawsuit brought on by its workers, who are claiming the company failed to compensate them for time spent preparing essentials for their work.
According to the lawsuit, which seeks back wages from March 2006 to the present, as many as 3,500 current and former Tyson production and support employees could be included in a class action lawsuit against the company, if the lawsuit is classified as such.
In November 2005, the U.S. Supreme Court said that workers must be paid for time spent fulfilling “donning and doffing” duties at work. Bosses did not have to pay, however, for time workers spent waiting for protective gear before the work shift starts.
Source: Jerry Perkins, Des Moines Register, “Lawsuit: Tyson Foods cut corners on pay,” March 22, 2008. (http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20080322/BUSINESS01/803220321)
Pallet Express fined over $17,000 after fatal workplace accident
On October 2, 2007, a 17-year-old employee of Pallet Express Inc.8 was killed after becoming entangled in a grinder. Pallet Express, of Greensboro, North Carolina, was fined by the state Labor Department for $17,350 for workplace violations after the fatal work accident.
Pallet Express manufactures and sells wooden pallets, and also uses grinders to dispose of obsolete pallets they use for mulch. The company has 15 business days to appeal the fines, or else they must pay them.
Source: “North Carolina Company Fined for Fatal Workplace Accident.” Insurancejornal.com, March 12, 2008. (http://www.insurancejournal.com/news/southeast/2008/03/12/88147.htm)
Fatal ambulance accident possibly caused by car jack
A 33 year old man was killed on February 26, 2008 after the back end of an ambulance fell on top of him. A car jack propping the ambulance up might have slipped out, causing the ambulance to crush the mechanic while he was working on the vehicle, says the Occupational Safety and Health Administration (OSHA).
The fatal work accident occurred at the Wake County General Services Fleet Management facility on Capitol Boulevard in Wake County, North Carolina. Paramedics who were at the garage waiting for another ambulance to arrive tried to help the mechanic until he could be transported to a hospital. The mechanic was pronounced dead at the hospital.
Source: “Slipped Jack Might Have Led to Wake Mechanic’s Death at County Garage.” Wral.com (http://www.wral.com/news/local/story/2496395/) February 27, 2008.
Employee at Wake County General Services Fleet Management killed on the job
OSHA, Department of Labor investigating the work accident
On February 26, 2008, an employee at Wake County General Services Fleet Management was killed while on-the-job at about 2:30 p.m. The deceased worker was a Raleigh resident.
Inspectors from Occupational Safety & Health (OSHA) and from the Department of Labor are investigating the work accident.
Source: “Accident kills county employee,” News and Observer, February 27, 2008 (http://www.newsobserver.com/news/story/968355.html).
House of Raeford hid workers’ injuries, denied workers compensation
Poultry company has been cited for 130 serious workplace safety violations
A journalistic investigation found that poultry company House of Raeford hid injuries to workers that occurred inside its factory, and injured workers were either intimidated, ignored or fired. In addition, the company has filed misleading injury reports and defied regulators.
Since 2000, House of Raeford has received citations for 130 serious workplace safety violations. This is more than most United States poultry companies.
House of Raeford failed to record injuries on government safety logs, which is against the law. Records from the company suggest only several workers are injured each year, but experts say that’s unlikely.
The Columbia, South Carolina plant, which has 800 employees, reported no musculoskeletal disorders (MSDs) over a four-year period. And a Greenville, South Carolina plant has boasted of a five-year safety streak with no lost-time accidents. But this could have been misleading, as the company brought injured workers back to the factory only hours after surgery.
At four of the largest House of Raeford plants in NC and SC, first-aid staff have dismissed workers’ requests to see a doctor, refusing worker’s compensation, even while complaining of debilitating pain.
Director of the national injury and illness record-keeping system for the U.S. Labor Department Bob Whitmore said the agency has failed to protect poultry workers. The House of Raeford plants’ behavior, he said, is a violation of the laws of human decency.
Companies that report lower injury rates are rewarded by the government by being inspected less often. Since 2004, no House of Raeford plant has been randomly inspected. The government also rarely checks the accuracy of companies’ reporting.
House of Raeford plants kill, cut and package chicken for restaurants, stores and cafeterias. Some employees are illegal immigrants, and are hesitant to complain of injuries for fear of being fired or deported.
More than 50 former workers were interviewed as part of the journalistic investigation, ten of whom said they were fired after reporting injuries.
One former employment supervisor at a House of Raeford plant, Belem Villegas, said she urged managers to send injured employees to a doctor, but they often refused and did not like “repeat complainers.”
“They’d say, ‘Belem, if they keep coming to the office, they’re going to have to be let go,’” Villegas said. “You complain and you become unemployed.”
Source: “Report: House of Raeford hid injuries, ignored hurt workers,” News and Observer, February 10, 2008.
Dixie Crystals sugar refinery plant explosion kills three Georgia workers
At least 62 people injured in explosion and fire
On February 7, 2008, an evening explosion and fire rocked the Imperial Sugar Co. refinery plant north of Savannah, Georgia, killing three workers and injuring at least 62. The plant is known in Savannah as the Dixie Crystals plant.
Workers began removing debris from the site the next morning, which was still smoldering at midday. The blast from the explosion was so powerful that it shook homes across the Savannah River in South Carolina. The sugar refinery plant is still unsafe to enter, and debris must be removed with structural engineers’ help.
One possible cause of the explosion, according to Captain Matt Stanley of the Savannah Fire Department, was sugar dust that may have ignited, sparking the blast. While this is rare, it is possible.
“A far as we know, it was a sugar dust explosion,” Imperial Sugar CEO John Sheptor said, adding the explosion happened in a storage silo where refined sugar is stored until it is packaged.
Sixty-two people were transported to Savannah-area hospitals.
Joyce Baker, a woman who teaches first aid for the Red Cross, said she was at nearby City Hall when the blast occurred, and raced to the scene. Emergency personnel from 12 counties have been called in to help.
“We had approximately 13 men who were coming out [of the plant], and they were burned - third-degree burns on their upper bodies,” Baker said. “And they were trying to sit down and the only thing that they wanted was to know where the friends were.”
Seventeen people had burns over more than 30 percent of their bodies, and were sent to Still Burn Center. An additional eight patients had burns over 60 percent of their bodies.
Medical director at Memorial University Medical Center in Savannah, Dr. William Wessinger, said the victims were mainly burn injuries.
“Many of these also had burns on their face and around their airway which made it very critical,” Wessinger said. “Within a very short time after arrival, a large number of these patients were deemed to have airway problems.”
Out of the 95 to 100 people suspected to be working in the area of the explosion, more than one dozen are still missing.
“We always try to act with hope in mind, no matter what,” Savannah-Chatham County Police Chief Michael Berkow said. “But at this point, we expect to find fatalities inside the building. I don’t know how many, but that’s what we expect.”
In the night following the explosion, flames burned and spread from the main building to other parts of the refinery. Firefighters were attempting to prevent this, as other parts of the building holds flammable materials. The sugar refinery explosion comes after the U.S. Department of Labor issues new inspection guidelines in October 2007 for workplaces handling combustible dust particles. This includes sugar dust.
The U.S. Occupational Safety and Health Administration (OSHA) classifies buildings that have a lot of sugar dust as “hazardous locations.” Other plants that receive this classification are coal preparation plants and producers of plastics, medicines and fireworks.
The state Department of Agriculture last inspected the Dixie Crystals plant, located in Port Wentworth, on October 30, 2007. At that time, the plant received two citations for violations: one involved an opening in a packing room area that could allow pests to enter, and the other was related to buckets used for packing molasses in a warehouse not being properly protected.
Sources: “Three bodies found in Georgia refinery blast,” CNN.com, February 8, 2008; “Death toll lowered in Georgia sugar refinery blast; 3 dead, many still missing,” FoxNews.com, February 8, 2008.
Court of Appeals upholds 2006 decision against Merisel Americas
Cary man wins $1.6 million in damages for permanent injuries
On November 6, 2007, the Court of Appeals of North Carolina upheld a 2006 trial court’s ruling that Merisel Americas, Inc., is liable for an employee’s permanent injuries.
Between December 1998 and April 2000, Nathan Cameron worked in Merisel Americas’ Cary office, which had a history of water leaks and moisture problems. Cameron’s windows leaked when it rained and the walls, ceilings, and carpets in his office had been damaged by water and mold. In 1999, the office next to his flooded, increasing the water damage.
Cameron began having trouble with his balance and vision, and in the fall of 1999, was determined to have developed irreversible damage to his inner ear and vestibular system, resulting in permanent loss of balance.
He sued Merisel in 2002, claiming his workplace was contaminated with toxic molds and that the company’s negligence caused Cameron’s personal injuries. The case went to trial in Wake County in March 2006, and the jury found Merisel liable for damages. Cameron was awarded $1,600,000 for his injury, and his wife was awarded $200,000 for her loss of his company and services.
The decision was appealed, but in November 2007 the Court of Appeals of North Carolina affirmed the jury’s decision.
Industrial diseases and other injuries such as Cameron’s are covered under North Carolina Workers’ Compensation statutes. If you’ve been injured on the job you may have a case. Contact the professional workers’ compensation team at the Law Offices of James Scott Farrin today for more information.
Source: “Court finds toxic mold caused worker’s health problems,” Business and Legal Reports, November 30, 2007.
11 Minnesota hog plant workers sickened with neurological disorder
Cause of illness unknown
Between December 2006 and July 2007, eleven workers at Quality Pork Processors, Inc. in Austin, Texas have been sickened with a neurological disorder, but the cause remains unknown. Five of the worker’s illnesses have been identified as chronic inflammatory demyelinating polyneuropathy (CIDP), a rare disease that normally affects fewer than 2 people per 100,000.
CIDP is a chronic disease that results in nerve damage and could lead to disability. It is an inflammation of the nervous system that can cause muscle weakness, tingling sensations in the arms and legs, and pain over several months. Some workers who have been treated may experience “residual numbness or weakness after treatment.”
State officials said no evidence exists to indicate the public faces an increased risk, or that the food supply in the hog slaughtering and processing plant has been affected. CIDP is usually caused by a trigger that causes the immune system to attack the protective sheath that surrounds nerves.
Dr. Suraj Muley, associate professor of neurology at the University of Minnesota and an expert on the disease, has suggested that the Austin plant be shut down until the investigation of the illnesses is complete, but state officials said there is no significant reason to shut it down.
“All of the information we have to date indicates that the general public is not at increased risk for developing this type of illness,” said Sanne Magnan, state health commissioner. “There is no evidence that the food supply has been affected.”
The investigation began near the end of October 2007, when plant health officials reported an unusual pattern of symptoms restricted to one group of employees working in a single area of the plant. The part of production in which the group worked used compressed air to clear away unwanted brain tissue so meat in the heads of hogs could be removed. The sickened workers are different ages, genders and ethnic groups, and their work area was the only thing they all had in common.
The plant has continued to operate but has stopped using the compressed air, and has issued safety goggles and long-sleeves to wear. Most of the 11 sickened workers have returned to work, or had never left.
The state has said it will be widening its investigation to determine if other processing plants around the country have had similar problems or illnesses.
Source: Steve Alexander and Josephine Marcotty, “Rare illness sickens 11 at Austin pork plant,” Star Tribune, December 4, 2007.
U.S. Labor Department says employers to be responsible for all PPE
Additional safety gear will cost approximately $85M
Workers across the country received added protection on the job from the Labor Department on November 14, 2007, when the department said a new Occupational Safety and Health Administration rule will take effect in six months. The new rule will force employers to pay for all personal safety equipment, also called PPE.
“When employers pay for PPE, they are more likely to select the right PPE for the hazards present in their workplaces,” said Edwin G. Foulke Jr., assistant labor secretary for occupational safety and health. “When employers pay for PPE, we have found that they also make sure that the equipment is maintained and replaced as necessary, and generally take more responsibility for PPE selection and use.”
The rule, initially proposed in 1999, will cover the rest of the 95 percent of PPE costs employers already pay. The additional five percent will be approximately $85 million.
According to Foulke, employers won’t have to pay for ordinary safety-toed footwear, ordinary prescription safety eyewear, logging boots, and ordinary clothing and weather-related gear that can be worn off the job.
“America’s working men and women deserve the proper equipment to keep them safe on the job, each and every day, and we will thoroughly review this rule to make sure it protects them,” AFL-CIO President John Sweeney said.
Source: Jesse J. Holland, Associated Press, “OSHA taps employers for safety gear costs,” November 14, 2007.
NC guest workers forced into lethal jobs
Many being taken advantage of
A Chicago Tribune investigation found that some of the 160,000 guest workers allowed into North Carolina have been treated like modern-day slaves, cheated out of their wages, and shifted from job to job with little control over their fate. The investigation focused on federal records, lawsuits, and interviews with farmers, workers and advocacy groups.
Some workers are forced into dangerous jobs or are financially stranded because of broken promises made by United States labor contractors. A common tactic, the investigation found, is to offer good-paying jobs, only to dump workers into hazardous low-paying jobs.
Many have also been taken advantage of by foreign recruiters who charge hefty fees, putting them in severe debt that they have to pay off by continuing to work. Once in the U.S., some of these workers are underpaid, making them virtually slaves to their debt holders.
Some jobs do not work out or workers are let go early. Such workers can become part of an “underground” of illegal workers, adding to an already complex problem.
North Carolina Legal Aid lawyer Carol Brooke complained to federal officials in 2001 about workers who were forced to live in unheated tents in the winter and had their pay docked to use outdoor toilets. In 2002, she again asked officials to bar the firm paying the workers, and sent evidence detailing workers who were unpaid, paid at inconsistent pay rates, and given misleading information about what jobs they would perform. Brooke alleged that workers who complained about the treatment they were receiving were threatened with prison or deportation.
In one case examined by the Tribune, 30 guest Thai workers were brought to the U.S. in 2005 by a North Carolina labor contractor, who then removed their passports and showed them guns as a warning against them trying to get away. They were taken to New Orleans where they repaired hurricane-damaged buildings, during which time they lived in a condemned hotel.
“There was no electricity, no safe water, and they were told they couldn’t light candles and they didn’t have any money for food,” said lawyer Mary Lee Hall. The workers were eventually brought to a North Carolina farm, where they escaped. A lawsuit has since been filed against the contactors.
Source: Stephen Franklin and Darnell Little, “When guest equals ghost,” Chicago Tribune, November 11, 2007.
