NC farm where worker died cited for OSHA violations, ordered to pay fine
A Nash County sweet potato farm has been fined over $187,000 following the death of one of its workers last year, the N.C. Department of Labor reported Monday.
The DOL began an inspection of state Occupational Safety and Health standards on Sept. 6, 2023, after José Alberto Gonzalez Mendoza died. The 30-year-old had passed out from apparent heat exhaustion while picking sweet potatoes the day before.
Barnes Farming Corp., located in Spring Hope, was cited with the maximum penalties for three serious violations — one of them designated as “willful” — of the Occupational Safety and Health Act of North Carolina, according to a news release. The total penalty is $187,509.
Through an attorney, the company said Tuesday that it plans to appeal the citations, which it said are based on “merely allegations.”
Barnes Farming defended its workplace protections, saying in a statement that it “takes the health and safety of each one of its team members extremely seriously, has prioritized health and safety since the farm started, and continues to do so.”
The OSHA citation and penalty documents detail that the alleged “willful serious” violation was due to the following reasons:
Workers were exposed to heat-related hazards, including working in 91-degree heat without an established “work/rest schedule for high-heat conditions.”
Workers were only allowed to take one five-minute break in a six-hour workday.
There was not an adequate supply of drinking water for workers.
The employer did not allow the migrant H-2A workers an acclimatization period so that they could get used to the heat.
Workers were not trained on reporting emergencies, first-aid procedures and procedures for dealing with symptoms of heat-related illnesses.
Gonzalez Mendoza came to the farm from Mexico with a seasonal H-2A visa less than 14 days before his death, according to Barnes Farming. He died at the farm before EMS could arrive, according to the DOL.
He and other workers worked a full shift on their first day of work without an acclimatization process.
Money was raised last year through a GoFundMe to repatriate Gonzalez Mendoza’s body to his home in the state of Guanajuato.
On the morning of Sept. 5, Gonzalez Mendoza and others were working on a 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 [the company] 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 two other citations for serious violations were due to the following conditions:
No first aid or professional health care services were summoned when Gonzalez Mendoza first reported feeling ill and showed signs of heat-related illness.
Another worker called 911 50 minutes after he first reported feeling ill.
There was a lack of drinking cups provided to 32 workers harvesting sweet potatoes and cutting tobacco in high-heat conditions.
In an audio recording from a 911 call requesting an ambulance after Gonzalez Mendoza passed out, a worker told the dispatcher “I have a guy that ... he just passed out. We’re picking sweet potatoes, and it’s hot out here,” according to records previously requested by The N&O.
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.
Farm owned by Sen. Barnes’ family
The family of North Carolina Sen. Lisa Barnes, a Nash County Republican, owns and operates the company. Its president is her husband, Johnny Barnes.
The N&O has reached out to the office of Sen. Barnes for comment.
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 penalties collected by the DOL are eventually distributed to the public school system.
