Fresh Mark, Inc., the Ohio-based meat processor where 146 workers were recently arrested by U.S. immigration officials was coincidentally fined $211,000 by OSHA for alleged workplace safety problems just two weeks before the federal immigration raid occurred.

The Occupational Safety and Health Administration (OSHA) informed Fresh Mark Inc. of what the agency described were multiple serious violations in a June 11th notification.  The employer may either contest the citation or attempt to settle the complaint within 15 business days. OSHA cited violations regarding employee protective equipment, hazardous energy controls in a ham deboning area, a lack of training to clean specific processing machines and potential laceration and puncture hazards, among others.

“Fresh Mark has announced that it is currently reviewing the citations issued by OSHA and has fully cooperated with OSHA . . .” a Fresh Mark spokesperson said. An undocumented worker from Guatemala died on the job at Fresh Mark in a December 2017 incident covered by the OSHA penalty document, according to a report on Cleveland.com.  It is likely this accident triggered a cross referral to U.S. immigration officials by OSHA concerning an accident involving an undocumented alien at the meat processor.

It is important to remember that discovery of non-compliance by law enforcement officials at the state and federal levels of government may often times result in civil and criminal referrals over to other agencies of government for investigation and enforcement.  That includes violations of health and safety laws that do not necessarily involve deaths.  In the end, significant non-compliance with the rules of law in the workplace can threaten the existence of an ongoing business resulting in a shutdown and/or significant fines and penalties, including personal civil and criminal liability.

For more information on OSHA regulations, contact a Sioux City attorney, Sioux Falls attorney, or Omaha attorney today!

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