Tyson Foods Fined $500,000 for Worker Death

Tyson Foods must pay a $500,000 fine for willfully violating worker safety rules and releasing toxic fumes from machinery that killed one employee.

The worker, Jason Kelley, was killed in October 2003 at Tyson’s River Valley Animal Foods plant in Texarkana, Ark. The plant turns poultry products into fats and protein for use by the animal food industry, according to a report in the Southeast Texas Record.

To produce the protein and fats, Tyson uses high-pressure steam processors called hydrolyzers to change poultry feathers into feather meal, which in the process releases the toxic chemical hydrogen sulfide.

Tyson Foods failed to adequately protect workers from the hazardous chemicals, according to federal prosecutors.

“Employees at the Tyson facilities often were exposed to the toxic gas when working on or near the hydrolyzers, which required frequent adjustment and replacement,” the Department of Justice said.

Kelley was a maintenance worker who was trying to fix a leak on the hydrolyzer packing seal when he was overcome with hydrogen sulfide gas. Two other workers and emergency personnel called to treat Kelley also were sickened by the toxic chemical.

A similar incident occurred in 2002 at the same Tyson Foods plant, prompting Tyson to install a mister and ventilation to reduce exposure to the hydrogen sulfide gas.

Guilty Plea by Tyson Foods

Tyson pleaded guilty to criminal charges stemming from Kelley’s death and as part of a plea agreement admitted that company officials “were aware that hydrogen sulfide gas was present in RVAF facilities with continuous hydrolyzers, but had not take sufficient steps to provide effective administrative controls, engineering controls and protective equipment to limit the exposure of employees to hydrogen gas or provide effective information and training on hazardous chemicals in the work area as required by the OSHA (Occupational Safety and Health Administration)Act,” according to the published report.

Prosecutors said they vow to protect the rights of workers and punish companies that violate worker-safety laws.

“Federal laws require (employers) to undertake steps that limit exposure to dangerous substances like the gas that killed Jason Kelley,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Tyson Foods is paying the maximum fine for failing to abide by these laws. The Justice Department takes its enforcement responsibilities seriously and companies that ignore these laws and risk their employees’ lives will be prosecuted.”

Tyson called Kelley’s death “a tragic accident” which the company has taken steps toward preventing in the future.

“We remain saddened by the loss of Jason Kelley,” said Tyson spokesman Gary Mickelson. “We want people to know we have implemented measures to help prevent an accident like this from happening again. Our efforts have included changes in the production process, new ventilation and engineering controls, the use of monitoring and alarm systems, and expanded worker training.”

In addition to the $500,000 criminal fine, Tyson also must pay a fine of $436,000 to Occupational Safety and Health Administration.

No related posts.