During July 2023 a 16-year-old worker, Duvan Perez, died from injuries sustained while cleaning equipment at a Hattiesburg, MS. plant owned and operated by Mar-Jac Poultry. The company stated that the minor was hired through a contractor to participate in cleaning operations with his age and identity misrepresented.
Perez apparently used the documentation of a 32-year-old man, according to an attorney representing the Company. The legal representative noted that the company was “surprised to find out that Perez was just 16 years old”. It is difficult to believe that on reviewing his documentation, neither management in HR nor supervisors in the plant could have differentiated between a 16-year-old teenager and a 32-year-old mature man. Mar-Jac has a questionable history with regard to employment of alien workers using false identification. How did E-verify fail in this case?
The incident is under investigation by OSHA and given the allegations, the Department of Homeland Security will become involved. Previously, courts have ruled that using a labor contractor does not absolve poultry processors and red meat packers from their responsibilities with respect to Federal laws under the jurisdiction of the Department of Homeland Security and the Department of Labor, OSHA regulations.