Fines were challenged after Nitrogen killed 6 at the Georgia plant

GAINESVILLE, Georgia (AP) – Three out of four companies appeal federal occupational safety funds after a liquid nitrogen leak in January that killed six workers at a Georgia poultry processing facility.

The U.S. Department of Labor says plant owner Foundation Food Group is denying the July proposed quotations, as is Packers Sanitation Services Ltd.

The Department of Labor announced that the American subsidiary of the German company Messer, which manufactured the freezer system, reached an informal settlement with the US occupational health and safety authority on August 13. Further details were not disclosed immediately.

OSHA announced nearly $ 1 million in fines against the four companies and said the deaths were preventable.

A new freeze line failed on January 28, releasing a cloud of liquid nitrogen vapor. The workers tried to flee, but found some exits blocked or blocked, the investigation revealed.

The Foundation Food Group owns the facility in Gainesville, northeast of Atlanta. It was charged with 26 violations with a proposed fine of $ 595,474. Packers Sanitation Services Ltd. was charged with 19 violations with a proposed fine of $ 286,720. FS Group was charged with eight violations with a proposed fine of $ 42,325.

Messer was initially charged with six violations and faced a proposed $ 74,118 fine. It is unclear how much it paid.

Messer spokeswoman Amy Ficon told the Times of Gainesville that the company would not contest four quotes “in connection with the safety of Messer employees at the site during service calls in the days before the incident”.

“The agreement also confirms Messer’s continued commitment to highlight to its customers the importance of installing appropriate oxygen monitoring equipment and adequate ventilation in customer facilities that use liquid nitrogen,” Ficon wrote in an email. “Messer continues to work fully with all investigators, including OSHA and (the US Chemical Safety and Hazard Investigation Board). Messer has committed itself to the common goal of finding the causes of this incident and doing its part to ensure that such an incident never happens again. “

Families of several dead workers are suing Messer and a Messer employee who serviced the plant.

The Occupational Safety and Health Inspection Commission decides on the contested quotes.

Gina Swenson, vice president of marketing at Packers Sanitation Services Inc., said the company is denying all appeals because its employees are not on site or involved in the operation or maintenance of the nitrogen freezer line.

Foundation Food Group did not immediately respond to a request for comment.

Six workers choked on liquid nitrogen, including 45-year-old Jose DeJesus Elias-Cabrera of Gainesville; 35 year old Corey Alan Murphy of Clermont; 28-year-old Nelly Perez-Rafael from Gainesville; 41-year-old Saulo Suarez-Bernal from Dawsonville; 38-year-old Victor Vellez of Gainesville; and 28 year old Edgar Vera-Garcia from Gainesville. 12 other employees were injured, according to OSHA. Some were hospitalized.

The plant takes slaughtered chickens elsewhere, cooks patties and nuggets, and freezes them for shipping.

Three workers were trying to fix the freezer when nitrogen filled the room, which is at a lower level than the adjacent areas, making the heavier one unlikely to disperse as air. These three died, as did three others who tried to save them.

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