On July 14, 2023, a 16-year-old posing as a 32-year-old was killed while working at a Mississippi poultry processing plant. Duvan Tomas Perez became entangled in the machinery he was cleaning at the plant and was killed.
According to the U.S. Department of Labor, no children under the age of 18 are allowed to work in a place of hazardous conditions such as a poultry or meat processing plant. The plant, which is owned and operated by Mar-Jac Poultry, has had multiple fatal or catastrophic accidents at this location dating back to 2015 according to OSHA’s website.
Per the OSHA website Mar-Jac was issued citations for violations for two of the three incidents. There were monetary fines issued up to $11,369.00 in one incident thatwasinvestigatedinApril of 2022, and over $27,000 in another case that is deemed still open.
Mar-Jac reported to multiple news outlets, including NBC News on July 19, that they relied on an outside staffingcompanytoverifythe ageandimmigrationstatusof alltheiremployeesand'Mar-Jac would never knowingly put any employee, and certainly not a minor, in harm's way but it appears, at this point in the investigation, that this individual's age and identityweremisrepresented on the paperwork.'
What will other industries in the future look like with multiple states such as Arkansa, Iowa, New Jersey and several others reforming their laws to allow minors as young as 14 to work longer shifts up to six hours on school nights and children as young as 16 to be allowed to serve alcohol in a restaurant setting? With these reforms being present state by state Oklahoma residents need to know that something as tragic as what happened to Perez does not happen here.
The Madill Record looked into multiple industrial and manufacturing facilities in the Marshall County area for violations and citations from State and Federal Officials. According to research, there was no evidence of fatal or catastrophic incidents.
The Madill Record decided to reach out to the local poultry processing plant ESRO Food Group, LLC Human Resource Manager Toni O’Brien, about their outstanding record in keeping their employees safe and if she was aware of the incident in Mississippi. O’Brien stated that she was aware of the situation and this is the reason they do not hire anyone under the age of 18.
“In my 20 years in HR, I have only had two underage applicants,' O'Brien said. 'Neitherapplicantwashired, because the HR representative was able to identify they did not meet the age requirements for the position/ company.”
O’Brien’s 20-year career span includes work in nonprofit organizations, tribal governments and meat processing companies. She said that ESRO does not use an outside source or staffing agency and that the company uses the USCIS website to assist with document and identification authenticity.
“All employees must provide original documents to verify age and employment eligibility to work in the United States (I-9 verification process required for all US employers),' she said. 'Documents provided by employees are reviewed by HR for authenticity.”
The Madill Record was also able to speak with Rusty Andrews of Total Placement Staffing in Waco, Texas to talk about the safeguards that are in place there to ensure that a similar situation of what had occurred with.Perezwasn’thappening elsewhere.
Total Placement staffing hires for a number manufacturing- trailers, mobile homes, building supply, booms (like for lift trucks), bullet proof shields, metal building roofing in the Central Texas area. These types of jobs are considered hazardous in nature as well and do not allow anyone under the age of 18 to work them.
Andrews said there are multiple procedures in place to prevent a catastrophic event hapenning.
“Applicants are required to provide documentation that is required for an I9,' Andrews said. 'Before they start the application process. We also do E-verify. We take Everify training & I-9 training. We have different webinars for continuing education.”
She also said that it was “very seldom if ever” that she hasencounteredanunderage child trying to gain access with false identification.
Knowing all this it still leaves many questions including astowhytheMar-Jac plant in Mississippi, where Perez lost his life, is still allowed to operate and just how did he make it through screening processes? One thing for lawmakers to keep in mind as they look to reform child labor laws, is why they are there to begin with.