OSHA report says Mar-Jac violated safety procedures in Hattiesburg teen's death

The U.S. Department of Labor cited Mar-Jac Poultry in Hattiesburg for multiple workplace violations, saying in a news release the company disregarded safety standards that led to a worker's death for the second time in two years.

The DOL investigation followed the death of 16-year-old Duvan Perez, who was pulled into a machine at Mar-Jac while cleaning it on July 14.

The Department of Labor's Occupational Safety and Health Administration found that Perez, who was employed by Onin Staffing, was performing a deep clean of the deboning area at Mar-Jac Poultry plant.

According to the report, Perez, an indigenous Mayan from Guatemala, was caught in the rotating shaft and sprockets and pulled into the machinery, resulting in fatal injuries.

Investigators found that procedures were not used to disconnect power to the machine and a lockout/tagout device was not used to prevent the machine from unintentionally starting during the cleaning, despite having a supervisor overseeing operations in the area in and around the deboning machine.

"Mar-Jac Poultry is aware of how dangerous the machinery they use can be when safety standards are not in place to prevent serious injury and death," said Kurt Petermeyer, OSHA Regional Administrator in Atlanta. "The company's inaction has directly led to this terrible tragedy, which has left so many to mourn this child's preventable death."

OSHA cited Mar-Jac Poultry with 14 serious and three other-than-serious violations after finding the company failed to:

• Ensure energy control procedures were used to prevent the unexpected start-up of machines while employees performed sanitation, exposing workers to caught-in hazards.

• Ensure employees used lockout/tagout devices on machinery when performing cleaning.

• Ensure an energy control procedure included specific steps for blocking and securing portions of the machinery while workers performed cleaning.

• Failed to ensure the machinery retained guarding to prevent employees from entering danger zones while machinery was in operation.

• Cover open holes in 480-volt electrical cabinets, exposing workers to electrical hazards.

• Prevent workers from using portable ladders incorrectly to gain access to elevated work surfaces, exposing workers to fall hazards.

Click here to read the full OSHA report sent to Mar-Jac

In December, Mar-Jac attorney Larry Stine told NBC News that Mar-Jac did not find any errors in Perez's hiring or death.

“Mar-Jac thoroughly investigated the accident and has not found any errors committed by its safety or human resources employees," Stine told the news organization. "It has learned many lessons from the accident and has taken aggressive steps to prevent the occurrence of another accident or hiring underage workers.”

Perez's death comes on heels of another Mar-Jac fatality

However, a similar incident in May 2021 resulted in the death of 48-year-old Bobby Butler.

OSHA cited Mar-Jac Poultry, in connection with Butler's death after his left sleeve was caught in a machine and they were pulled in, pinning his body against the support and the machine's carousel. Mar-Jac was cited with two serious violations with a proposed fine of roughly $55,000.

"Following the fatal incident in May 2021 Mar-Jac Poultry should have enforced strict safety standards in its facility," Petermeyer said. "Only about two years later nothing has changed and the company continues to treat employee safety as an afterthought, putting its workers at risk. No worker should be placed in a preventable, dangerous situation, let alone a child."

OSHA has proposed $212,646 in penalties, the amount set by federal statute, in connection with Perez's death.

Wage and Hour Division launches child labor investigation

In addition to OSHA's investigation, the Department of Labor's Wage and Hour Division opened child labor investigation following Perez's death, even though Mar-Jac has claimed Perez listed his age as 32 and that he was hired by an outside staffing agency.

Federal child labor laws prohibit anyone under the age of 18 from working at any meat-processing plant because it is deemed too dangerous.

The Department of Labor reports the number of children working illegally has skyrocketed across all industries, nearly doubling since 2019, according to a documentary produced by NBC News, released in December.

Less than two weeks after Perez's death, the Department of Labor announced results of an investigation by its newly formed child labor task force in its efforts to combat exploitative child labor practices nationwide.

"Between Oct. 1, 2022, and July 20, 2023, as a result of this stepped-up enforcement, the agency concluded 765 child labor cases finding 4,474 children employed in violation of federal child labor laws," the DOL reported. "These cases reflect a 44% increase in children found employed in violation of federal law from the same time period in the previous fiscal year. In addition, the agency is currently pursuing more than 700 open child labor cases."

Mar-Jac, headquartered in Georgia, has 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission, DOL officials said.

Do you have a story to share? Contact Lici Beveridge at lbeveridge@gannett.com. Follow her on X @licibev or Facebook at facebook.com/licibeveridge.

This article originally appeared on Hattiesburg American: Mar-Jac violated safety regulations in Hattiesburg teen's death