Temporary Worker Fatally Injured, OSHA Proposes $2.8M in Penalties for Illinois Pizza Manufacturer

Miracapo Pizza Company was also placed in OSHA’s Severe Violator Enforcement Program.

• By Alex Saurman
• Jun 16, 2023

An investigation following a temporary worker’s death resulted in two companies being cited by OSHA, with one facing proposed penalties of about $2,800,000.

According to a news release, the 29-year-old sanitation worker, working at a Miracapo Pizza Company facility north of Chicago in Gurnee, Illinois, “was using compressed air to clean a spiral conveyer as it moved to cool pizza when her head became caught in the machinery,” eventually resulting in her death.

Miracapo Pizza Company was cited for 16 willful egregious, one willful and 12 serious violations and placed in OSHA’s Severe Violator Enforcement Program after OSHA found:

• “Deficient lockout/tagout procedures to isolate energy during service and maintenance. The company failed to establish and utilize proper procedures for controlling hazardous energy, provide locks to employees and train employees in a language they understood on how to lockout equipment such as dough mixers, ovens, sauce depositors, toppings and crust spiral devices.
• Lack of adequate machine guards on dough mixers and sprocket wheels and chains.
• Exposing employees working on dough mixers and an oven to fall hazards.
• Exposing workers to the risk of electrical hazards.
• Not ensuring adequate electrical personal protective equipment usage.
• Exposing workers to potential for eye injuries by failing to provide appropriate protection.”

Assistant Secretary for Occupational Safety and Health Doug Parker said in the news release, "This tragedy took the life of a young woman, and forever changes the lives of her family, friends and co-workers. Safety standards are put in place to prevent these kinds of tragedies,"

The proposed penalties for Miracapo Pizza Company total $2,812,658.

The pizza manufacturer was not the only company cited after the worker—from XCEL Staffing Solutions LLC—suffered a fatality. Per the news release, “GDI Services Inc. – a contractor that provides sanitation services to Miracapo Pizza Company,” is now facing $334,839 in proposed penalties along with a citation for two willful and two serious violations for

• “failing to lock out equipment while cleaning food processing machines”
• “failing to train workers in a language they understand on safety procedures”
• “not providing hardware necessary to lockout or tagout equipment”
• “failing to provide effective information and training regarding hazardous chemicals.”

"Employers have a responsibility to train workers in the language they understand so they know how to perform their work safely,” Parker continued. 

Previously at the same facility, two other workers suffered amputations—one was injured in November 2022 and the other sustained an amputation of the top of their finger in October 2021. Following the November 2022 incident, OSHA proposed $290,191 in penalties for Miracapo Pizza Company, per the news release.

Miracapo Pizza Company issued a statement, saying, “Miracapo was deeply saddened by the death of Leily Lopez-Hernandez, who worked for an external staffing agency at our Gurnee facility last year. We have always prioritized the safety and security of everyone who enters our facilities, whether employees, contractors or visitors, and will continue to do so."
 
“While we disagree with OSHA’s findings released today, we remain committed to working with the agency to arrive at the best possible outcome for all. We are proud of our safety record. Safety has always been and will continue to be a core value for our Company.”

Editor's Note (6/16/2023): The article was edited to include the Miracapo Pizza Company's statement.