10 WESTERN PALLET
The Monterey County District Attorney’s Office has resolved a worker fatality action against a Salinas-based fresh produce packing operation related to systemic violations of worker safety laws by the company that resulted in the death of one of its employees.
The employee began work as a machine operator on April 10, 2013, where he was assigned to operate a TransFresh Tectrol machine, a piece of heavy machinery that wraps pallets of strawberries in plastic wrap and uses hydraulics to squeeze the strawberry containers in on the pallet for easier shipping and handling. As the compression occurs, a large counterweight on the opposite end balances the machine.
On April 26, 2013, the employee was operating the Tectrol machine alone when a wooden pallet became lodged inside the machine and caused it to jam. The operator climbed behind the machine and used a crowbar to release the wood. However, he did not turn off the machine or perform any lock-out/tag-out procedures. As a result, the large counterweight was activated as soon as the wood jam was cleared. The counterweight crushed him against the wall, killing him.
State law requires businesses using heavy machinery to train workers in proper lock-out/tag-out procedures to minimize accidental injury and/or death. Lock-out/tag-out procedures outline the mandatory steps that any worker attempting to maintain, repair, or clean machinery must follow to ensure worker safety: (1) stop the machinery, (2) de-energize the power source, and (3) place accident prevention tags on the controls of the machine.
The employer never trained the victim on proper lock-out/tag-out procedures before assigning him to operate the Tectrol machine, and did not maintain a written lock-out/tag-out policy and training program for employees. Under the terms of the judgment, the company also paid $310,000.00 in costs and civil penalties. It now has a lock-out/tag-out program in effect.
No Lock-Out Tag-Out Program Led to Jammed Pallet Fatality
Employer assessed $310,000 in costs and penalties after 2014 death of new employee, untrained in proper procedures