Bumble Bee Foods will pay a record $6 million to settle a criminal prosecution over the 2012 death of an employee who became trapped in an industrial oven at the company’s Santa Fe Springs facility, the Los Angeles County District Attorney’s office announced Wednesday.
County prosecutors had alleged that numerous safety violations at the fish-packing plant led to the death of Jose Melena, 62, who entered a 35-foot-long oven as part of his job duties. Coworkers were unaware that Melena was inside the pressurized steam cooker when they loaded 12,000 pounds of tuna, inadvertently trapping him at the back of the oven.
Among the alleged safety violations: inadequate lockout and tagout procedures to ensure workers don’t enter or venture too close to hazardous machinery.
Under terms of the settlement, Bumble Bee, which is headquartered in San Diego, will pay $1.5 million in restitution to the family of Jose Melena, $750,000 in court costs and another $750,000 in various fines and penalties.
It will also spend $3 million to replace all of the tuna ovens at the Santa Fe Springs plant with automated units that don’t ever require workers to set foot inside. Video cameras must also be installed next to the new ovens. And the company has agreed to provide additional workplace safety training to its plant employees.
The settlement is the largest known payout in a California criminal prosecution of workplace safety violations involving a single victim.
After Wednesday’s settlement announcement, Bumble Bee Foods issued a statement:
“While this resolution will help bring closure with the District Attorney’s office, we will never forget the unfathomable loss of our colleague Jose Melena and we are committed to ensuring that employee safety remains a top priority at all our facilities.”
In a concurrent action, Saul Florez, former Santa Fe Springs plant safety manager for Bumble Bee Foods, pled guilty to a felony count of willfully violating lockout/tagout rules and was sentenced to three years’ probation, as well as fines and penalties of $19,000. The count could be reduced to a misdemeanor in 18 months if Florez complies with his probation and training orders.
Florez’ attorney, Steven Goldsobel, issued a statement:
“It is tragic that this accident, which no one foresaw, occurred. A former U.S. Marine, Mr. Florez wants to put this matter behind him for the sake of his family and a misdemeanor conviction under the plea agreement is an acceptable outcome.”
Finally, Angel Rodriguez, plant operations director at Bumble Bee Foods’ Santa Fe Springs facility, agreed to perform 320 hours of community service, pay approximately $11,400 in fines and take classes on lockout tagout and confined-space rules.