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Mar-Jac reaches agreement with OSHA over fines for safety violations related to teenager's death

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Just over a year after a 16-year-old was killed on the job at a chicken processing plant in Hattiesburg, the company reached a settlement with OSHA, agreeing to pay a $164,814 fine and implement enhanced safety measures to protect employees from known hazards.

Duvan Perez died on July 14, 2023, after becoming trapped in a machine while disinfecting the area at Mar-Jac Poultry. In January, the Occupational Safety and Health Administration accused the company of failing to follow safety procedures and fined it $212,646 for 17 safety violations, 14 of which were classified as “serious.” Perez's death was the third at Mar-Jac since 2020.

Among the violations investigators found were failure to follow safety procedures to turn off power to the machine in which Perez became entangled, and failure to use a lockout/tagout device to prevent the machine from accidentally starting during cleaning, even though a supervisor was monitoring operations in the area in and around the deboning machine.

“Tragically, a teenager died needlessly before Mar-Jac Poultry took the necessary steps to protect its employees,” Kurt Petermeyer, OSHA's Atlanta regional director, said in a news release. “This settlement requires the company to commit to a safer work environment and take concrete steps to protect its employees from known hazards.”

Wrongful death: Mar-Jac and others named in lawsuit filed by mother of 16-year-old killed in Hattiesburg

In addition to eliminating the 17 violations, OSHA requires Mar-Jac to implement the following improvements:

  • Assign another appropriately trained supervisor to the cleaning shift.
  • Provide up-to-date training to employees exposed to lockout/tagout and machine guarding hazards.
  • Require the facility manager and safety representative to complete OSHA's 30-hour general industry training and require facility managers to complete OSHA's 10-hour training.
  • Establish a system for assigning, identifying and issuing locks to authorized personnel performing lockout/tagout functions and update programs and training to meet requirements.
  • Conduct a risk and hazard assessment to evaluate the safety risks and hazards associated with the current lockout/tagout procedures for the cleaning shift. The assessment must include a review of all incidents, including near misses, injuries, and unexpected starts or malfunctions of machinery.
  • Conduct monthly lockout/tagout safety audits for the cleaning shift for one year and provide evidence to OSHA, including steps the employer is taking to reduce hazards in response to the audits.

In addition to the workplace safety violations, Mar-Jac is accused of violating federal child labor laws that prohibit anyone under 18 from working in hazardous locations, including meat processing plants.

Perez's family has filed a wrongful death lawsuit against Mar-Jac, seeking compensation for the loss of a loved one. The case is ongoing.

The company said in court documents that it denies any wrongdoing in Perez's death. Also named in the wrongful death suit was Onin Staffing Agency, which allegedly reviewed Perez's application form and identification, which showed he was a 32-year-old man.

Mar-Jac officials said in an earlier report that they used Onin to hire workers in Hattiesburg. Onin also denies any wrongdoing in its response to the lawsuit.

Hattiesburg: Mar-Jac violated safety procedures in teenager's death, OSHA report says

Perez's death has sparked outrage across the country, with activists in Mississippi demanding that Mar-Jac be held responsible for the teenager's death, less than two weeks after he was killed. In April, another group, the National Council for Occupational Safety and Health, named the company to the “Dirty Dozen,” claiming Mar-Jac is one of the most dangerous workplaces in the country.

In December, NBC produced the documentary Slaughterhouse Kids: Child Labor in America's Food Industry Exposed, which focused on the deaths of Perez and other young people who were injured or killed in the workplace.

“Mar-Jac has been aware of these safety issues for years and has been warned and fined by OSHA, but they did nothing,” said Jim Reeves, an attorney for Perez's family. “Hopefully Mar-Jac will follow through this time so that no other worker is killed in such a senseless manner.”

contactLici Beveridgeat[email protected]. Follow her onX @licibevoron facebook.atfacebook.com/licibeveridge.

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