Jamiesfeast – The mother of a 16-year-old boy who tragically lost his life in a workplace accident at a poultry factory in Mississippi is taking legal action against the companies responsible for hiring and employing him. She alleges that these companies neglected to adhere to necessary safety regulations, which could have potentially averted the untimely death of her son.
Attorneys representing Edilma Perez Ramirez have filed court papers at the Forest County Circuit Court, alleging that Mar-Jac Poultry neglected safety measures which ultimately resulted in the tragic death of her son, Duvan Perez. This lawsuit comes in the wake of a report released by the U.S. Department of Labor’s Occupational Safety and Health Administration in January, which identified multiple safety violations linked to the teenager’s untimely demise. Duvan, who immigrated to Mississippi from Guatemala several years ago, lost his life due to these lapses in safety.
The lawsuit alleges that Mar-Jac and its affiliates have a lengthy and troublesome track record of intentionally ignoring the safety of their workers.
A spokesperson from Mar-Jac did not respond to email and phone messages on Tuesday. According to previous statements, the company has claimed that they used a staffing agency to hire workers and were unaware that Duvan was underage. It is important to note that federal labor law prohibits the employment of minors in various hazardous work sites, such as slaughterhouses and meatpacking plants.
In July, Duvan tragically became the third worker to lose his life in less than three years at the Hattiesburg, Mississippi plant owned by Mar-Jac, a poultry production company based in Georgia.
In July, an investigation was initiated by workplace safety officials following the death of Duvan. According to OSHA investigators, the incident occurred while he was conducting a deep clean of a machine situated in the deboning area of the plant. Tragically, he became entangled in the rotating shaft of a machine that was still operational, resulting in his unfortunate demise.
Mar-Jac allegedly permitted Duvan to clean the equipment despite his age and the claim of inadequate training, as stated in the lawsuit.
Perez Ramirez’s lawyers also took legal action against Onin Staffing, a company operating in both Alabama and Mississippi. The lawsuit alleges that the staffing agency assigned Duvan to work at the plant despite being aware of his underage status. It further claims that Onin tried to evade worker’s compensation responsibility by filing a notice with the state following Duvan’s tragic death.
Onin did not reply to the questions sent via email on Tuesday.
Federal investigators have stated that the plant managers had a responsibility to ensure that the machine’s power was disconnected and that proper steps were followed to prevent any unintentional start-up during the cleaning process. As a result, Mar-Jac has been cited for workplace violations and is facing proposed penalties exceeding $200,000.
According to the lawsuit, the plant had received a total of eight safety violation citations from OSHA prior to Duvan’s tragic death. These citations encompassed various incidents, such as the fatalities of Toto and Butler, three cases of amputations, and a hospitalization resulting from a fall.
Labor Department officials emphasized that Duvan’s tragic death serves as a stark reminder of the ongoing vulnerability of children in the American workplace.
According to Seth Hunter, one of Perez Ramirez’s attorneys, Mar-Jac’s customers, including Chick-fil-A, have the power to demand better working conditions or choose to cease their business with the company.
According to Hunter, Duvan was a diligent individual who had a deep love for his family. One of his notable achievements was purchasing his first car with his own hard-earned money. It is truly devastating that his life was cut short due to a preventable incident.