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July 24, 2008    DOL Home > News Release Archives > OSHA 1995   

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Archived News Release--Caution: information may be out of date.

U.S. DEPARTMENT OF LABOR

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

NEBRASKA CONAGRA SUBSIDIARY PLEADS GUILTY TO OSHA CRIMINAL VIOLATION THAT RESULTED IN WORKER DEATH, WILL PAY $625,000

Tues., May 9, 1995

For more information call: (202) 219- 8151.

Monfort, Inc., a subsidiary of ConAgra, pled guilty to criminal violation of Occupational Safety and Health Administration (OSHA) machine guarding standards on May 5, 1995, and has agreed to pay combined civil and criminal penalties of $625,000, the agency announced.

A maintenance worker at the company's Grand Island, Neb., beef processing facility was killed on Oct. 1, 1990, when his head was crushed by a "fleshing" machine that processes cattle hides. Monfort had failed to install guards for the machine despite several alerts from the manufacturers of the equipment that guards were necessary.

Assistant Secretary of Labor Joseph A. Dear said, "OSHA will continue to refer cases to the Department of Justice in instances where an employer's actions willfully contribute to the death of a worker." U.S. Attorney Tom Monaghan, who handled the case, said, "Protecting citizens from death or serious injury on the job, is as important as any type of case the United States Attorney's Office handles. We will be aggressive in prosecuting employers who do not provide a safe environment for their employees."

Both Dear and Monaghan lauded the efforts of OSHA's Omaha Area Office whose lengthy investigation culminated in the guilty plea. The violation was discovered during the investigation following the victim's death.

The criminal statute violated is a misdemeanor punishable by a fine of up to $500,000. United States District Judge Thomas Shanahan imposed a criminal fine of $100,000. The criminal plea was part of a global settlement reached between the government and Monfort. As part of the global settlement, Monfort also agreed to pay a civil penalty of $525,000 and as well as to make various changes in its safety training and operating procedures. Monfort had installed the required safeguards following the fatality.

Monfort is headquartered in Greeley, Colo. The company operates beef slaughtering facilities in Nebraska, Colorado, Iowa, Kansas and Texas. It also operates hog slaughtering and other facilities in these and other states.


Archived News Release--Caution: information may be out of date.




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