Company fined in death of employee

2006-05-26 / Front Page

Penalty will be appealed
By Michelle Knight

The employer of a Moorpark man who was killed while working on a local ranch plans to appeal civil fines for safety violations amounting to more than $5,000.

According to Cal/OSHA spokesman Dean Fryer, Central Coast Cities of Oxnard plans to file an appeal by today's deadline for fines totaling $5,260 for failure to notify Cal/OSHA within eight hours of the accident's occurance, not having a written safety plan and not keeping records of employee safety training.

Fryer said it generally takes 18 to 24 months to schedule a hearing date.

In December, 22-year-old Alejandro Ramos was crushed to death when the tractor he was driving on Mahan Ranch in Moorpark fell on him. Ramos was employed by Central Coast Cities. Alicia Ruaz, office manager for Central Coast Cities, denied that the company fails to educate employees about safety procedures.

Ruaz said a Mahan Ranch supervisor gives her a record of daily safety meetings he holds with Central Coast employees. In addition, Central Coast and its insurance company hold safety meetings once or twice a year, she said.

"And I provided (the records) to OSHA," Ruaz said.

She said the company notified Cal/OSHA more than 48 hours after the accident because they thought their insurance broker, contacted by Central Coast Cities right after the incident, would handle the notification.

"I was with the understanding that he was going to take (care of it)...I thought what he meant was he's going to call OSHA," Ruaz said.

The accident occurred around 11:40 a.m. on Sat., Dec. 3 when Ramos, driving a tractor, was pulling a trailer in a remote section of Mahan Ranch, an avocado farm at 15255 Tierra Rejada Road, and tried to drive up an incline. The tractor slid backward, falling on top of Ramos and pinning him between it and the trailer.

The tractor wasn't equipped with a roll bar that might have provided Ramos some protection. It was more than 40 years old and exempt from the state requirement for a roll bar, a recent Cal/OSHA report stated.

According to the report, Ramos was found by another Central Coast Cities employee, who contacted the Oxnard company.

Central Coast then called a ranch supervisor who had to drive from Somis to reach the Moorpark site.

Upon arrival, the supervisor contacted the ranch owner, who called 911. The report said the call was placed at about 12:15 p.m.

Ruaz said it's likely their employee didn't call 911 immediately because he panicked.

"His first reaction was to do that," she said.

Ramos leaves behind a wife and a 2-year-old child in Mexico.

Although the investigation has determined that Central Coast Cities committed state safety violations, Mahan Ranch is under investigation for possible infractions as well, Fryer said.

"There may be more to come on this case," Fryer said. "I don't know if there'll be citations or not."

A spokeswoman for the ranch had no comment.

Cal/OSHA only issues civil fines. But once its investigation into a fatality is completed, the state agency hands over its documents to the district attorney's office, which decides whether to file criminal charges against the employer.

Cal/OSHA concludes an investigation when penalties are paid or all appeals are exhausted. The agency has one year from the date of the incident to submit documents to the district attorney.

Fryer said prosecutors may be interested in finding out why there was a delay in calling 911 for emergency help.

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