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Jose Melena died when he was cooked alive inside an industrial oven called a 'retort.' Cal/OSHA found that Melena had entered the oven to make a repair or adjustment on a chain inside the machine. He left a pallet jack he used to load the tuna into the oven outside of the oven. Another employee saw that the pallet jack was not being used and assumed that Melena was in the bathroom, so the employee proceeded to use the pallet jack. A supervisor noticed the employee was using Melena's pallet jack and asked where he was, prompting an announcement over the intercom and a search of the plant. After searching for about an hour and a half, an employee suggested looking in the last oven that had been loaded, which is where they found Melena's body. The company did not have Lockout/Tagout procedures requiring the equipment to be turned off with an employee inside or provide an escape route or a spotter to keep watch with a worker in a confined space.
Deputy District Attorney Christopher Curtis; Consumer Protection Division Assistant Head Deputy Hoon Chun
Caught in Machine
Los Angeles
California
October 11, 2012
Unavailable
| First | Last | Age | Title | Employer | Injury Type |
|---|---|---|---|---|---|
| Jose | Melena | 62 | Unavailable | Bumble Bee Foods | Fatality |
| Name | Type | Title | Plea Information | Conviction Sentence |
|---|---|---|---|---|
| Saul Florez | Individual | Safety Manager | Pleaded guilty to 1 felony count of labor violation causing a workers death | Sentenced to 3 years of formal probation and mandatory 30 day community labor and work-safety classes on LOTO and confined spaces. He must also pay $19,000 in fines and penatlies. If he has complied with the plea agreement in 18 months, he may be eligible to have the felony conviction reduced to a misdemeanor. Must make a public statement admitting guilt for role in the death. |
|
Penal Crimes Charged
Unavailable |
Other Crimes Charged
Labor Code violation causing death to an employee (Cal. Lab. Code Sec. 6425) |
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| Angel Rodriguez | Individual | Director of Plant Operations | Pleaded guilty | Mandatory 320 hours of community service, $11,400 in fines and penalties, and classes on LOTO and confined spaces. If he complies, he may be allowed to plead guilty to a misdemeanor instead of a felony at sentencing. Must make a public statement admitting guilt for their roles in the death. |
|
Penal Crimes Charged
Unavailable |
Other Crimes Charged
Labor Code violation causing death to an employee (Cal. Lab. Code Sec. 6425) |
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| Bumble Bee Foods | Entity | Entity | Settled | Settled for $6 million fine for willfully violating worker safety rules causing a workers death. The terms require the company to complete certain safety measures (e.g., $3 million upgrade to ovens, training). The family will also receive $1.5 million in restitution. $750,000 will go to the DA's Environmental Enforcement Fund. The company will also pay a combined $750,000 in fines, penalties, and court costs. Under the terms of the agreement entered into in August 2015, it was not formally imposed for 18 months after entered into. At the end of the 18 months, if the company complied with the settlement terms, it was permitted to plead guilty to a misdemeanor count of willful failure to implement and maintain an effective safety program. |
|
Penal Crimes Charged
Unavailable |
Other Crimes Charged
Labor Code violation causing death to an employee (Cal. Lab. Code Sec. 6425) |
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