Approximately five months after a teenage employee at Mar-Jac Poultry in Hattiesburg was killed during a workplace accident at the plant, investigations into that incident show that the 16-year-old was originally hired under false pretenses with fake identification.
According to a story published by NBC News on December 18, officials from the plant confirmed that Duvan Perez illegally used the identity of a 32-year-old man to obtain the job at the company, which is located on James Street in Hattiesburg. Mar-Jac’s hiring policy states that individuals under the age of 18 cannot be employed at the plant, but Larry Stine – who serves as attorney for the Georgia-based company – told NBC News that Perez “might have looked 18.”
Staff from NBC News also reported that nine police reports were obtained from the Hattiesburg Police Department, which showed other employees in addition to Perez were hired using fake identities. The Pine Belt News reached out to James Dickinson Jr., human resources supervisor at the Hattiesburg plant, but he said officials had yet to prepare any statements or comments regarding the matter.
Perez died at approximately 8 p.m. July 14, when he became entangled in machinery while conducting sanitizing operations at the plant. Forrest County Deputy Coroner Lisa Klem confirmed that the teenager did die at the site.
On July 19, Mar-Jac officials issued a release stating that Perez “should not have been hired” because of his status as a minor, and that the employee’s age and identity were misrepresented on his hiring paperwork.
According to the release, plant officials immediately reported the teenager’s death to the Occupational Safety and Health Administration and the U.S. Department of Labor, which commenced an investigation into the incident. At that time, MAR-JAC leadership discovered Perez was a minor, which goes against a law that disallows individuals under the age of 18 to perform certain dangerous tasks.
“Due to an unprecedentedly tight labor market, Mar-Jac MS relies on staffing companies to fill positions at its facility,” the statement read. “These companies’ contracts with Mar-Jac MS require them to verify that every applicant is legally qualified to work before they start any job.
“This includes verifying their identity (including age) and immigration status using the I-9 form prescribed by the Department of Homeland Security and through the government’s E-Verify system. Mar-Jac MS relies on these companies to complete these checks and it is a condition of their contracts with Mar-Jac MS that they do so for every job application, without exception. Mar-Jac MS 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 identity were misrepresented on the paperwork.”
Mar-Jac officials immediately made records available for inspection, and plant workers were interviewed by OSHA and the department of labor.
“Both agencies have spent multiple days in the plant,” Mar-Jac’s release stated. “Moreover, we have always maintained an ‘open door’ policy and encouraged all of our employees to bring any matter of concern to the company’s attention, without fear of retaliation.
“Finally, in cooperation with the U.S. Department of Labor, we have taken concrete steps in the form of new protocols and conditions for the staffing companies who assist us in meeting our labor requirements.”
On September 11, officials from the department of labor announced that investigators were seeking to interview Mar-Jac employees as the investigation of Perez’s death continued. Immediately preceding that announcement, OSHA obtained a warrant from the U.S. District Court for the Southern District of Mississippi to secure access to the Mar-Jac facility and investigate safety hazards related to the incident.
That warrant allowed federal officials to question any employer, operator, agent or employee privately and to review records related to the operation and maintenance of the equipment involved in the incident.
“As federal investigators continue to try to understand how a 16-year-old died at the Mar-Jac Poultry plant in Hattiesburg, we are asking current Mar-Jac employees for their assistance,” said Courtney Bohannon, who serves as area director at OSHA’s Jackson office. “Federal law protects the rights of workers to participate in a U.S. Department of Labor investigation and forbids employers from interfering in any way, including by retaliating against an employee who does.
“With help from Mar-Jac’s workers, we can make sure the employer provides a safer environment for everyone who works there.”
Over the course of two days, The Pine Belt News reached out to each of the numbers listed in the news releases, but was unable to get comments from officials, other than what was issued in those releases. Many times, the calls went unanswered, or the numbers were not in service.
Given Mar-Jac’s large number of Hispanic employees, OSHA officials said they also are working with local community groups to establish trust with workers and their families. In addition, the agency is collaborating with advocacy groups such as the Immigrant Alliance for Justice & Equity of Mississippi, to contact immigrant workers who may be fearful of retaliation by their employer if they cooperate with investigators.
“Child labor laws exist to safeguard young workers from tragedies like the one that happened at the Mar-Jac poultry plant,” said Audrey Hall, OSHA’s Wage and Hour Division district director. “To fully protect workers, we need information from employees and the community at large.
“Workers can contact us directly at (866) 487-9243 to file a complaint or share information confidentially, regardless of where they are from and without fear of retaliation. Workers can also contact the Employment Education and Outreach alliance hotline at (877) 522-9832 to speak to someone confidentially in Spanish.”
