GAINESVILLE — OSHA has fined four companies nearly $1 million in penalties after investigating a deadly nitrogen leak at a poultry processing plant in Gainesville. The leak on January 28 killed six workers and injured at least a dozen others.
The workers were killed near the start of their shift at the Foundation Food Group plant when a freezer malfunctioned, releasing colorless, odorless nitrogen into the air. The liquid nitrogen is used to freeze chicken. The six workers died of asphyxiation.
Three of the plant’s maintenance workers, who, according to OSHA, had never trained on the deadly effects of nitrogen exposure, entered the freezer room without precautions and were overcome immediately. Other workers entered the room and were also overcome. The three maintenance workers and two other workers died immediately, and a sixth died on the way to the hospital. At least a dozen of the injured workers needed hospital care.
OSHA’s investigation found that Foundation Food Group and three other companies with roles at the plant failed to implement necessary safety procedures to prevent the leak and train workers on the hazards of liquid nitrogen. Workers were not equipped with the knowledge or equipment needed to save lives, OSHA said.
The agency cited Foundation Food Group of Gainesville; Messer LLC of Bridgewater, New Jersey; Packers Sanitation Services Inc. Ltd. of Kieler, Wisconsin; and FS Group Inc. of Albertville, Alabama, with a total of 59 violations and proposed $998,637 in penalties.
In announcing the penalties, U.S. Labor Secretary Marty Walsh said the deaths and injuries caused by the leak “were entirely avoidable.”
OSHA cited Foundation Food Group Inc. for 26 serious violations, including six willful violations for exposing workers to thermal injuries and suffocation hazards. Investigators found the company failed to “develop, document and use lockout procedures” and “did not inform employees that liquid nitrogen, an asphyxiate, was used in the onsite freezer.” In addition, OSHA cited Foundation Food Group for “failing to train workers on the hazards of liquid nitrogen, and not training employees on the emergency procedures they can take to protect themselves,” among other violations. The company faces nearly $600,000 in fines.
The company in charge of cleaning and sanitation services at the plant, Packers Sanitation Services, was cited for 17 serious and two repeat violations. OSHA says the company failed to train workers on the hazards of liquid nitrogen and anhydrous ammonia and did not ensure emergency eyewashes were available and unobstructed. OSHA cited the employer in 2017 and 2018 for similar violations, the Labor Department says.
OSHA fined Packers Sanitation nearly $287,000 in connection with the deadly nitrogen leak. The company released a statement saying its employees were not on-site or involved in the operation or maintenance of the equipment that failed. “While we cooperated with OSHA during the review, we fundamentally disagree with these citations and plan to contest them,” the statement said.
The industrial gas company Messer LLC, which provided nitrogen to the plant, was cited by OSHA for six serious violations totaling $74,118 in penalties. The Bridgewater, New Jersey, company said that it works with its customers on how to safely and properly operate and maintain the equipment.
In addition to the OSHA fine, Messer faces a number of wrongful death lawsuits.
A fourth company, FS Group, which manufactures and services equipment, was cited with eight serious violations for failing to train workers on health hazards related to liquid nitrogen. OSHA fined the company $42,325.
“This horrible tragedy could have been prevented had the employers taken the time to use – and teach their workers the importance of – safety precautions,” says OSHA Regional Administrator Kurt Petermeyer in Atlanta. “Instead, six workers died as a result of their employers’ failure to follow necessary procedures and to comply with required safety and health standards. We hope other industry employers learn from this terrible incident and comply with safety and health requirements to prevent similar incidents.”
The companies have 15 days to contest the findings.
