OSHA cites 4 companies in fatal liquid nitrogen leak

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited four companies for alleged violations related to a liquid nitrogen leak at the Foundation Food Group poultry processing plant in Gainesville, Georgia, that killed six people.

Roy Graber Headshot
(BillionPhotos | Bigstock)
(BillionPhotos | Bigstock)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited four companies for alleged violations related to a liquid nitrogen leak at the Foundation Food Group poultry processing plant in Gainesville, Georgia, that killed six people.

In a press release issued on July 23, OSHA stated that it has cited Foundation Food Group, Messer, Packers Sanitation Services and FS Group. The companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission

“Six people’s deaths, and injuries suffered by at least a dozen others, were entirely avoidable,” U.S. Labor Secretary Marty Walsh. “The Department of Labor is dedicated to upholding the law and using everything in our power to get justice for the workers’ families. The bottom line is no one should leave for work wondering if they’ll return home at the end of the day, and the Department of Labor is committed to holding bad actors accountable.

The incident occurred on January 28, in which three of the plant’s maintenance workers entered the freezer room without precautions and were overcome immediately by the liquid nitrogen, which had displaced the oxygen in the room, OSHA reported. Those three maintenance workers and two others died at the scene, while a sixth person died while being transported to the hospital.

The deceased have been identified as Saulo Suarez-Bernal, Jose De-Jesus Elias-Cabrera, Corey Alan Murphy, Nelly Perez-Rafael, Victor Vellez and Edgar Vera-Garcia.

Citations against Foundation Food Group

Foundation Food Group was cited for 26 alleged violations, including six willful violations for exposing workers to thermal injuries and suffocation hazards resulting from the uncontrolled release of liquid nitrogen; failing to develop, document and use lockout procedures; not informing employees that liquid nitrogen, an asphyxiate, was used in the onsite freezer; not training employees on the methods and observations used to detect the presence or release of nitrogen; failing to train workers on the hazards of liquid nitrogen, and not training employees on the emergency procedures they can take to protect themselves. In addition, the employer, according to OSHA, failed to:

  • Provide workers with access to the safety data sheet on liquid nitrogen, or label the freezers properly with hazard warnings. 
  • Perform a hazard assessment for exposure to liquid nitrogen. 
  • Implement a permit-required confined space program for workers who entered the liquid nitrogen freezer, and notify contractors required to work inside the liquid nitrogen freezer that it was a permit-required confined space.
  • Make sure multiple egress paths in the facility were free from obstruction.
  • Illuminate exit signs, provide adequate lighting for exit routes, and ensure exit access was at least 28 inches wide.

For these alleged violations, Foundation Food Group faces as much as $595,474 in penalties.

Citations against Messer

Messer, which delivered the liquid nitrogen, was cited for six alleged serious violations and faces up to $74,118 in penalties. OSHA asserted Messer exposed workers to injuries and suffocation from the uncontrolled release of liquid nitrogen, failed to ensure an egress path was unobstructed; and did not develop, document and use lockout procedures, nor ensure lockout procedures were shared between the host employer and contractors.

Citations against Packers Sanitation Services

Packers Sanitation Services, which provided cleaning and sanitation services for the plant, was cited for 17 serious, and two repeat violations for failing to train workers on the hazards of liquid nitrogen and anhydrous ammonia, and not ensuring emergency eye washes were available and unobstructed.

The company faces up to $286,720 in fines.

OSHA also alleges Packers Sanitation Services failed to:

  • Train workers on the emergency procedures related to liquid nitrogen and anhydrous ammonia, and provide workers with access to the data sheet on liquid nitrogen. 
  • Ensure egress paths were unobstructed.
  • Ensure exit signs were illuminated, and provide adequate lighting for exit routes.
  • Implement a written permit space entry program. 
  • Make sure that adequate lockout procedures were used.
  • Coordinate lockout procedures with Foundation Food Group. 

 Citations against FS Group

FS Group, which manufactures equipment and provides mechanical servicing, was cited for eight alleged serious violations for failing to train workers on the physical and health hazards of liquid nitrogen and emergency procedures related to liquid nitrogen. The company, according to OSHA, also failed to ensure the development and use of specific written lockout procedures and ensure that the host employer and contractors shared information on lockout procedures. 

FS Group faces $42,325 in penalties. 

Page 1 of 33
Next Page