Jose Melena, 62, was performing maintenance in a 35 foot long oven when he was killed back in 2012. A co-worker who believed that Melena was in the bathroom, filled the oven with 12,000 pounds of Tuna and then continued to turn on the oven. A supervisor noticed that Melena was gone so an announcement was made over the intercom and employees searched for him throughout the facility and parking lot. Melena was found two hours later after the pressure cooker was turned off. The pressure cooker had reached a max of 270F. Plant Operations Director Angel Rodriguez and safety manager Saul Florez were both charged with 3 counts of violating Occupational Safety and Health Administration rules which put them in a position where they face up to three years in prison and fines up to $250,000 if convicted of all charges. The company where these employees work, Bumble Bee, are not pleased with the outcome of these decisions. “We remain devastated by the loss of our colleague Jose Melena in the tragic accident,” Bumble Bee said. “We disagree with and are disappointed by the charges filed by the Los Angeles district attorney’s office.”
To me it is tough, because I feel that any way you view it the company is going to come out looking wrong here. A man died because of careless mistake. But, it was still a mistake, which can happen any where and at any time. If the company is going to go in any direction it should be one that stresses this. I think they should have gone this way as opposed to the we’re not in agreement route. It would have been a much better decision because they could have admitted that they were in the wrong and asked for leniency. I don’t know how far off the safety and health regulation rules the employees were, but I think three years is excessive. This all depends on if the rules were completely ignored or not, but I don’t know if I would have the two charged go to jail for more than months, if at all. That’s not to say there should not be some type of punishment. I think they should both be fired and possibly fined to some degree, but that’s it. What do you think? Did Bumble Bee make the right decision? Was the punishment for the employees too harsh? Comment below to discuss your thoughts.