CLARKSBURG – Lone Star Beef has agreed to settle a lawsuit filed by the U.S. Department of Labor alleging an employee was fired for calling emergency services after another employee was injured on the job.
A consent judgment was filed on Oct. 4 in the U.S. District Court for the Northern District of West Virginia stating that Lone Star agreed to pay $13,000 within 10 days.
“By entering into this consent judgment, defendants do not admit that they have violated any provisions of the [Occupational Safety and Health] Act,” the consent judgment states. “Defendants represent that they have settled this case solely for the purpose of avoiding the costs and uncertainties of litigation.”
Each party will bear the cost of its own attorneys’ fees, costs and other expenses incurred by each party in connection with any stage of the proceeding.
Thomas E. Perez, the Secretary of Labor for the U.S. Department of Labor, filed the lawsuit on Jan. 5 against Lone Star and John M. Bachman, the president and owner of Lone Star.
On March 18, 2014, the defendant hired Michele Butler-Savage as a food processor at the facility and, on July 7, 2014, about 20 minutes into Butler-Savage’s shift, she heard a co-worker, Chris Crane, exclaim that he had cut his finger.
The DOL claimed Butler-Savage saw blood running down Crane’s hand and arm and believed he had sustained a serious injury. She went to assist Crane while another employee went to get Bachman.
Butler-Savage put Crane’s hand under cold water and tried to slow the bleeding with paper towels, according to the suit. She then told Crane that she needed to call 911 and used her personal cell phone to call.
At some point before the call went through, Bachman arrived and told Butler-Savage not to call 911 and instructed her to hang up the phone, according to the suit.
The DOL claims Butler-Savage said that Crane needed an ambulance, to which Bachman responded that he would decide whether or not to call an ambulance and instructed her to get back to work.
At the time he cut his finger, Crane was operating a band saw to cut beef as part of the manufacturing process and the blade of the band saw had severed a piece of his right thumb, according to the suit.
The plaintiff claims that after instructing Butler-Savage to hang up the phone, Bachman collected the severed piece of Crane’s thumb and had a supervisor, Kay Davis, drive him to Whitehill Medical, an urgent care clinic.
Crane was ultimately transferred to a hospital emergency room in an ambulance and the emergency room was unable to reattach the severed portion of his thumb.
Butler-Savage observed that Bachman did little to clean or sanitize the areas where Crane’s blood had spurted all over the floor and wall in his work area and on the floor and sink in the processing area and all he did was discard the piece of meat that Crane had been cutting when he was injured, but not the rest of the meat present in the area where he had been bleeding.
The areas where Crane bled were not sanitized until production was finished for the day, according to the suit.
At approximately 3 p.m. that day, Butler-Savage discussed her concerns about the accident, the cleanup and the lack of appropriate personal protective equipment with a U.S. Department of Agriculture inspector and also told the inspector that she had tried to call 911, according to the suit.
Two days later, Bachman fired Butler-Savage, and while he initially told her that production was slow, he further complained about lawsuits pending against him and that there were too many government rules to follow and that the government always had its hand in his business, according to the suit.
The plaintiff claims the following day, Butler-Savage filed a complaint with the Occupational Safety and Health Administration alleging she was discriminated against by the defendants.
The DOL was represented by M. Patricia Smith, Oscar L. Hampton III and Jordana L. Greenwald of the U.S. Department of Labor; and Betsy Steinfeld Jividen and Helen Campbell Altmeyer of the U.S. Attorney’s Office.
The defendants were represented by John R. Callcott of Steptoe & Johnson.
The case was assigned to District Judge Irene Keeley.
U.S. District Court for the Northern District of West Virginia case number: 1:17-cv-00003