Press Release
FOR IMMEDIATE RELEASE
Date: 02/04/04

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Chief Deputy Larry Scoufos Deputy District Attorney: Jeffrey W. Holtzman

Santa Rosa, Sonoma County, California

Petaluma Corporation Accepts Responsibility In Deaths Of Two Employees

District Attorney Stephan R. Passalacqua announced that Spectrum Organic Products, Inc., pled no contest today to two misdemeanor charges as a result of the April 25, 2002, deaths of two workers at the company's Petaluma processing facility. Spectrum will pay at least $475,000 in fines and costs with an additional $250,000 fine imposed but suspended on the condition that the company complies with worker safety laws and other terms imposed during a three year period of probation.

"The incident involving the deaths of Javier Del Rio and Francisco Estrella Galvan was a tragedy," said D.A. Passalacqua.

Spectrum is a producer of consumer and industrial food products. Employee Javier Del Rio, age 43, entered a large flax seed oil tank to clean and sanitize it. The stainless steel vessel appeared empty at the time but, in fact, contained argon, an odorless, colorless gas used to prevent oxygen from coming into contact with the oil product. Mr. Del Rio died of asphyxiation from inhaling the argon gas in the tank. The gas can quickly displace oxygen in a person's body. A second worker, Francisco Estrella Galvan, age 25, also died of asphyxiation when he entered the tank in an apparent attempt to rescue his co-worker. There were not requisite testing devices and safety equipment at the facility.

The corporation was charged with violating Labor Code section 6425, which makes it a crime to willfully violate certain California Occupational Safety and Health Administration (Cal-OSHA) regulations. Spectrum was charged with violating Title 8 California Code of Regulations 5157(d)(4), which requires employers to provide and maintain confined space equipment, such as atmospheric testing devices, safety harnesses and respirators, and to ensure employees use such equipment if they enter confined spaces such as large stainless steel tanks.

Pursuant to the settlement, Superior Court Judge Raima Ballinger ordered Spectrum to pay a $150,000 criminal fine, $150,000 to the California District Attorneys Association for OSHA enforcement, $25,000 each to the Petaluma Police Department, Petaluma Fire Department and the Sonoma County District Attorney's Office. Additionally, Spectrum was ordered to pay at least $70,000 to Cal-OSHA in administrative fines and at least a $30,000 administrative assessment to the Worker's Compensation Appeals Board (WCAB). If, after hearing, the WCAB does not impose an administrative fee, Spectrum must pay $30,000 to fund a confined space safety training program for workers. California law does not provide for the victims' families to receive restitution for their loss, other than through the state worker's compensation laws.

District Attorney Passalacqua emphasized, "We take seriously our obligation to prosecute violations of worker safety laws. Businesses must take seriously their obligation to follow safety laws and protect employees from workplace hazards."

This case was jointly investigated by the Petaluma Police Department, Petaluma Fire Department and Cal-OSHA. Deputy District Attorney Jeffrey W. Holtzman was the prosecutor assigned to the case.