A Nash County sweet potato farm is being fined over $187,000 following the death of one of its workers last year, the North Carolina Department of Labor reported.
The DOL began an inspection of state Occupational Safety and Health standards on Sept. 6, 2023, after the death of José Alberto Gonzalez Mendoza. Before his death, the 30-year-old had passed out while picking sweet potatoes from apparent heat exhaustion.
Barnes Farming Corp., located in the town of Spring Hope, was cited with the maximum penalties of one alleged “willful serious” violation and two alleged “serious” violations of the Occupational Safety and Health Act of North Carolina, according to a news release. The total penalty is $187,509.
The OSHA citation and penalty documents say the following “willful serious” violations were found:
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Workers were exposed to heat-related hazards, including working in 91-degree heat without an established “work/rest schedule for high-heat conditions.”
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Workers were only allowed to take a single five-minute break in a six-hour workday.
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There was not an adequate supply of drinking water to workers.
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The employer did not allow the migrant H-2A workers an acclimatization period so that they could get used to the heat.
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Workers were not trained on reporting emergencies, first aid procedures and procedures for dealing with symptoms of heat-related illnesses.
An attorney representing Barnes Farming acknowledged the Department of Labor’s release and said in an email that the company would issue a statement.
Gonzalez Mendoza had come to the farm from Mexico with a seasonal H-2A visa less than 14 days before his death, according to Barnes Farming.
According to the DOL, he had to work a full shift on his first day of work — Sept. 5 — after arriving from Mexico on what was a very hot day.
Both the day’s high temperature of 94 degrees and the average temperature that day were the highest recorded for Sept. 5 since 2000, The News & Observer reported previously. These numbers topped the averages by about 9 degrees and 6 degrees, respectively, according to the National Weather Service.
Barnes Farming, about 40 miles east of Raleigh, said in a statement last year that it “makes every effort to comply with all regulatory requirements and we follow well-established policies concerning workplace safety and environmental conditions.”
The company also said through an attorney that workers were “empowered to take breaks when needed, and does not limit these breaks to specific times.”
Barnes Farming cited by Labor Department
A willful serious violation has a maximum penalty of $156,259. The maximum penalty for each serious violation is $15,625, the department said.
The Labor Department has to consider various factors, such as the size of a company, employer violation history, and the gravity of the violations, when issuing citations.
“The penalties are in no way designed to make up for the loss of life,” DOL spokeswoman Erin Wilson said in a statement.
Barnes Farming has 15 working days from receipt of the citations to appeal and contest the findings of the DOL’s OSHA inspection, or pay the penalty.
The appeal would be heard by the Occupational Safety and Health Review Commission of North Carolina, an independent board appointed by the governor.
The civil money penalties collected by the DOL are remitted to the Civil Penalty and Forfeiture Fund, which distributes the money to the public school system.
Money was raised through a GoFundMe to repatriate Gonzalez Mendoza’s body to his home in the state of Guanajuato.
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