22-year-old died after forklift pinned him — now company faces fine, NC officials say
A 22-year-old died after a forklift pinned him at work, and now his employer is accused of a “serious” violation in North Carolina.
The N.C. Department of Labor cited the distribution company months after officials said worker Dereck Rafael Carrero got “caught between a forklift and a rack support.” He suffered a life-threatening injury and died two days after the December 2021 incident, McClatchy News reported.
Now, state officials this week said they’ve completed an inspection of the facility where the man worked in Dunn, roughly 40 miles south of Raleigh.
Carrero’s employer — ADUSA Distribution, LLC — in an emailed statement said safety is one of its top priorities.
“We are aware of an N.C. Department of Labor investigation at our Dunn, N.C., facility following a tragic incident last year where we lost a member of our ADUSA Distribution team,” the company said June 7 in an updated statement. “We have received the citation report from the N.C. Department of Labor and we fully cooperated with their investigation. We look forward to reviewing the report and implementing any additional safety protocols that may be needed on top of our already stringent safety procedures to keep team members safe at all times.”
The Harnett County Sheriff’s Office reported that Carrero was filling an order when another worker hit him with a forklift on December 4.
Three days later, the state labor department said it started a monthslong inspection. The agency reported that forklifts went forward and backwards at the distribution center as their drivers tried to “replenish product.”
“Selectors are known to go behind the forklifts during this operation, so they can continue filling their pick orders,” state officials wrote June 6 in a citation document.
The document also states: “The driver was not required to look in the direction of, and keep a clear view of the path of travel.”
Officials said they determined that Carrero tried to go behind a forklift that then backed up when he was seriously hurt. The 22-year-old was taken to a hospital and later died, according to deputies.
At the time, the labor department said it was conducting an investigation that could involve a site visit, interviews or documentation of potential safety violations. Officials this week announced the company is facing a $7,000 penalty.
“The maximum penalty for each serious violation is $7,000,” labor officials told McClatchy News in an email. “The General Statutes say that the Labor Department has to take into consideration various factors such as the gravity of the violation, the size of the business, the good faith and cooperation of the employer, and the history of previous violations. The penalties are in no way designed to make up for loss of life.”
ADUSA Distribution — a company that serves Food Lion and other grocery brands — has about two weeks from when they receive the citation to pay the penalty, call for a meeting with the labor department or “file a notice of contest with the Occupational Safety and Health Review Commission of North Carolina,” according to officials.
On its end, ADUSA distribution in its original statement said: “We continue to have an active approach to ensuring safety remains top of mind for every associate who works at our facilities and expect every associate to follow both ADUSA Distribution and OSHA protocols.”
This story was originally published June 7, 2022 at 3:36 PM.
