Fines appealed in fatal liquid nitrogen leak case

Three of the four companies that were fined by the U.S. Department of Labor Occupational and Safety and Health Administration following a liquid nitrogen leak that killed six people at a Georgia poultry processing plant have appealed those fines.

Roy Graber Headshot
(Lisafx | Bigstock)
(Lisafx | Bigstock)

Three of the four companies that were fined by the U.S. Department of Labor Occupational and Safety and Health Administration (OSHA) following a liquid nitrogen leak that killed six people at a Georgia poultry processing plant have appealed those fines.

According to an Associated Press Report on the WDUN website, Foundation Food Group, Packers Sanitation Service and FS Group have all appealed the fines issued to them. A fourth company, Messer, has made an informal settlement with OSHA, but details of that settlement have not been released.

The four companies were cited by in July following investigations from OSHA into the liquid nitrogen leak at the Foundation Food Group plant, formerly the Prime Pak Foods plant, in Gainesville, Georgia, that occurred on January 28. Six people died in the accident, while numerous others required medical attention. The autopsies revealed asphyxia as the cause of the six deaths.

In the original citations, Foundation Food Group was cited for 26 alleged violations – including six alleged willful violations. The company faces up to $595,474 in penalties.

Messer, which delivered the liquid nitrogen, was cited for six alleged serious violations and faces up to $74,118 in penalties.

Packers Sanitation Services, which provided cleaning and sanitation services for the plant, was cited for 17 serious and two repeat violations, faces up to $286,720 in fines.

FS Group, which manufactures equipment and provides mechanical servicing, was cited for eight alleged serious violations and faces up to $42,325 in penalties.

The contested citations will ultimately be decided upon by the Occupational Safety and Health Review Commission.

Earlier investigations revealed that unscheduled maintenance was being done at the plant prior to the leak.

Foundation Food Group workers who lost their lives were identified as Saulo Suarez-Bernal, Jose De-Jesus Elias-Cabrera, Corey Alan Murphy, Nelly Perez-Rafael, Victor Vellez and Edgar Vera-Garcia.

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