One Wisconsin food processing facility is in the news after federal safety inspectors found serious health and safety violations at a Barron turkey processing plant. The facility is operated by Minnesota-based Jennie-O Turkey Store Inc. which now faces up to $318,000 in proposed fines after one of its workers had his arm amputated at the Wisconsin facility.

Although many workplace accidents fall under workers' compensation laws, unsafe workplaces can also form the basis of a premises liability lawsuit. Wisconsin's Safe Place Statute imposes strict standards of safety on those who own places of employment such as the processing facility. Safety hazards at such places pose a risk for both employees and visitors and can create significant liability issues for the owner and operators of the hazardous worksite.

Authorities say that the worker had his arm amputated just below the shoulder while cleaning in a confined space. The employee's arm became caught in an energized turkey shake line while he worked alone. The injured employee allegedly had to travel down a large flight of stairs and 200 feet of the production floor to get help from a co-worker.

"Jennie-O Turkey Store has a legal responsibility to follow established permit-required confined space regulations to ensure that its employees are properly protected from known workplace hazards," said Mark Hysell, director of OSHA's Eau Claire Area Office. "Failing to ensure protection through appropriate training and adherence to OSHA regulations led to a worker losing an arm."

It is unclear whether the employee will file a third-liability lawsuit in connection with this serious accident. Generally third-party liability suits are made against a party that is indirectly responsible for an accident, such as a machine manufacturer or building owner.

Source: OSHA, "US Department of Labor's OSHA cites Jennie-O Turkey Store for 11 safety violations after amputation of worker's arm at Barron, Wis., processing facility," Region 5 News Release: 12-42-CHI, Jan. 23, 2012