workers compensation

One of the most dangerous companies in the U.S. took advantage of immigrant workers. Then, when they got hurt or fought back, it used America’s laws against them.

BY LATE AFTERNOON, the smell from the Case Farms chicken plant in Canton, Ohio, is like a pungent fog, drifting over a highway lined with dollar stores and auto parts shops. When the stink is at its ripest, it means that the day’s 180,000 chickens have been slaughtered, drained of blood, stripped of feathers and carved into pieces — and it’s time for workers like Osiel López Pérez to clean up. On April 7, 2015, Osiel put on bulky rubber boots and a white hard hat, and trained a pressurized hose on the plant’s stainless steel machines, blasting off the leftover grease, meat, nd blood.

A Guatemalan immigrant, Osiel was just weeks past his 17th birthday, too young by law to work in a factory. A year earlier, after gang members shot his mother and tried to kidnap his sisters, he left his home, in the mountainous village of Tectitán, and sought asylum in the United States. He got the job at Case Farms with a driver’s license that said his name was Francisco Sepulveda, age 28. The photograph on the ID was of his older brother, who looked nothing like him, but nobody asked any questions.

Osiel sanitized the liver giblet chiller, a tublike contraption that cools chicken innards by cycling them through a near-freezing bath, then looked for a ladder, so that he could turn off the water valve above the machine. As usual, he said, there weren’t enough ladders to go around, so he did as a supervisor had shown him: He climbed up the machine, onto the edge of the tank, and reached for the valve. His foot slipped; the machine automatically kicked on. Its paddles grabbed his left leg, pulling and twisting until it snapped at the knee and rotating it 180 degrees, so that his toes rested on his pelvis. The machine “literally ripped off his left leg,” medical reports said, leaving it hanging by a frayed ligament and a five-inch flap of skin. Osiel was rushed to Mercy Medical Center, where surgeons amputated his lower leg.

Back at the plant, Osiel’s supervisors hurriedly demanded workers’ identification papers. Technically, Osiel worked for Case Farms’ closely affiliated sanitation contractor, and suddenly the bosses seemed to care about immigration status. Within days, Osiel and several others — all underage and undocumented — were fired.
Though Case Farms isn’t a household name, you’ve probably eaten its chicken. Each year, it produces nearly a billion pounds for customers such as Kentucky Fried Chicken, Popeyes, and Taco Bell. Boar’s Head sells its chicken as deli meat in supermarkets. Since 2011, the U.S. government has purchased nearly $17 million worth of Case Farms chicken, mostly for the federal school lunch program.

Case Farms plants are among the most dangerous workplaces in America. In 2015 alone, federal workplace safety inspectors fined the company nearly $2 million, and in the past seven years it has been cited for 240 violations. That’s more than any other company in the poultry industry except Tyson Foods, which has more than 30 times as many employees. David Michaels, the former head of the Occupational Safety and Health Administration, called Case Farms “an outrageously dangerous place to work.” Four years before Osiel lost his leg, Michaels’s inspectors had seen Case Farms employees standing on top of machines to sanitize them and warned the company that someone would get hurt. Just a week before Osiel’s accident, an inspector noted in a report that Case Farms had repeatedly taken advantage of loopholes in the law and given the agency false information. “The company has a 25-year track record of failing to comply with federal workplace safety standards,” Michaels said.

Case Farms has built its business by recruiting some of the world’s most vulnerable immigrants, who endure harsh and at times illegal conditions that few Americans would put up with. When these workers have fought for higher pay and better conditions, the company has used their immigration status to get rid of vocal workers, avoid paying for injuries and quash dissent. Thirty years ago, Congress passed an immigration law mandating fines and even jail time for employers who hire unauthorized workers, but trivial penalties and weak enforcement have allowed employers to evade responsibility. Under President Obama, Immigration and Customs Enforcement agreed not to investigate workers during labor disputes. Advocates worry that President Trump, whose administration has targeted unauthorized immigrants, will scrap those agreements, emboldening employers to simply call ICE anytime workers complain.

While the president stirs up fears about Latino immigrants and refugees, he ignores the role that companies, particularly in the poultry and meatpacking industry, have played in bringing those immigrants to the Midwest and the Southeast. The newcomers’ arrival in small, mostly white cities experiencing industrial decline in turn helped foment the economic and ethnic anxieties that brought Trump to office. Osiel ended up in Ohio by following a generation of indigenous Guatemalans, who have been the backbone of Case Farms’ workforce since 1989, when a manager drove a van down to the orange groves and tomato fields around Indiantown, Florida, and came back with the company’s first load of Mayan refugees.

About Brandon Burton

Our legal team brings you a wealth of experience in car accident, social security disability, workers compensation and employment cases. We can also handle bankruptcies for businesses and individuals.

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