工人被遗忘在烤箱烤焦,赔600万美金,运营总监及安全经理被刑事指控

 

男子被同事遗忘烤箱内,与5吨的金枪鱼一起烤

环球网综合报道据香港《文汇报》2015年8月14日报道,美国食品公司Bumble Bee Foods一名员工在3年前的工业意外中,被困在食品加工厂烤炉内活活烧死,公司12日支付600万美元(约合人民币3839万元)和解,创下加州历来最大宗涉及单一受害人的工业意外致死案和解金额。
  根据和解协议,上述公司须支付300万美元(1917万元)更换旗下厂房烤炉,确保员工不需再进入炉内工作,并采取其他安全措施;公司还须向死者家属赔偿150万美元(约合人民币958.5万元);其余150万美元中,一半拨予洛杉矶县检察官办公室的环境执法基金,一半则用以缴付其他罚款及诉讼费用。所有条件达成后,公司将可就较轻罪名认罪。
  62岁食品工人梅莱纳于3年前爬入11米长的烤炉内进行例行工序,但同事在不知情下,将5443公斤重的罐装吞拿鱼放进炉内并启动,梅莱纳因而活活被烧死,焦尸两小时后被发现。

 

To settle criminal charges, Bumble Bee Foods will pay $6 million and two managers will pay a total of $30,000 in fines in connection with the death of a worker inside a tuna oven at the company’s Santa Fe Springs, CA plant.

On Oct. 11, 2012, Jose Malena, 62, entered a 35-foot-long industrial pressure cooker used to sterilize cans at the plant. His co-workers didn’t know he was inside and shut the door. The oven’s temperature rose to 270 degrees. A co-worker found Melena’s severely burned remains.

As part of the agreement with the Los Angeles District Attorney’s Office, Bumble Bee agrees to:

pay $3 million to replace its outdated tuna ovens with new ones that don’t require workers to enter them
pay $1.5 million in restitution to Melena’s family
pay $750,000 to the DA’s Environmental Enforcement Fund
pay $750,000 in combined fines, penalties and court costs
implement safety measures such as installing video cameras in their ovens
provide safety training to managers and workers, and
conduct safety audits of equipment.
If Bumble Bee complies with all the terms, it can plead guilty to one misdemeanor count in 18 months.

Safety Manager Saul Florez pleaded guilty and was sentenced to three years of formal probation and 30 days of community labor. Florez will also pay $19,000 in fines and be required to take work-safety classes.

Plant Operations Director Angel Rodriguez agreed to do 320 hours of community service, pay $11,400 in fines and take work-safety classes.

Both men can plead guilty to one misdemeanor charge after 18 months if they fulfill the terms of their agreement with the DA’s office.

Florez and Rodriguez must make public statements admitting their guilt.

Bumble Bee, Florez and Rodriguez had all been charged with three felony counts each of an OSHA violation causing death. The two men had faced a maximum sentence of three years in prison and a $250,000 fine. Bumble Bee’s fine alone could have reached $1.5 million.

The DA’s office says this is the largest known payout for workplace safety violations involving a single victim in California criminal prosecution.

“Shortcutting safety rules to make a few extra bucks and improve the bottom line is not a tolerable equation,” said Hoon Chun, assistant head deputy district attorney who helped prosecute the case.

A statement from the Melena family said nothing could bring their husband and father back, “but much can be done to ensure this terrible accident does not happen again.”