TRENTON
– Attorney General Stuart Rabner and
Criminal Justice Director Gregory A. Paw
announced that Terminix International pleaded
guilty today to a criminal charge of assault
related to a botched cocoa-bean fumigation
that exposed nine employees to the highly
toxic pesticide methyl bromide.
Terminix
pleaded guilty before Superior Court Judge
Charles A. Delehey in Mercer County to a
single count of simple assault contained
in a criminal complaint filed by the Division
of Criminal Justice - Environmental Crimes
Bureau.
Under
a plea agreement, Terminix has agreed to
pay $300,000 to the School Integrated Pest
Management Program, a legislatively mandated
program to train those responsible for pest
management in public and private schools
across New Jersey how to reduce or eliminate
pesticide use in compliance with state law
to avoid exposing students and staff.
“Terminix,
through its onsite supervisor, acted negligently
in handling this potentially deadly pesticide,”
said Attorney General Rabner. “Through
this plea, the company has admitted its
negligence and agreed to provide $300,000
for a training program to help protect New
Jersey students from unnecessary exposure
to pesticides.”
“Our
innovative use of the criminal assault statute
in prosecuting Terminix should send a strong
message about corporate responsibility and
safety,” said Criminal Justice Director
Paw. “We will hold companies accountable
if they break the law and put workers or
the public in harms way.”
In
June, the state Department of Environmental
Protection announced an $80,000 civil settlement
with Terminix. DEP cited the company for
pesticide-control and air-pollution violations
in connection with the 2004 incident, which
was investigated by investigators from the
DEP Pesticide Control Program and the Division
of Criminal Justice - Environmental Crimes
Bureau.
“Terminix
is paying the price for risking the lives
of its employees,” DEP Commissioner
Lisa P. Jackson said. “The funds will
be a boon to the Integrated Pest Management
program, helping to protect the public –
particularly our schoolchildren –
and our environment from the dangers of
pesticides.”
Terminix
dispatched nine employees on May 12 and
13, 2004, to fumigate cocoa beans stored
on pallets in a 500,000 cubic-foot area
of the Lyons & Sons Inc. warehouse in
Pennsauken.
The
Terminix crew, whose supervisor was licensed
to perform commercial fumigations, used
large plastic tarps to cover and seal 18-foot
stacks of cocoa beans, pumping in a gas
with the active ingredient methyl bromide.
During
such fumigations, the tarps are supposed
to remain sealed for 12 to 24 hours to eradicate
any insects or other pests. The law requires
employees to wear self-contained breathing
apparatus during certain phases of the application
and to test the air before allowing employees
to re-enter the area to remove the tarps.
Instead,
under their supervisor's direction, the
Terminix crew – none of whom wore
the required safety gear – began removing
tarps without proper testing, investigators
found. Crew members were immediately overcome
by the toxic fumes. DEP determined that
the fumigation represented a gross misapplication
of methyl bromide and that all safety requirements
for protective equipment and air testing
had been ignored.
Two
of the employees suffered severe injuries.
Three others also required medical treatment
following the mishap.
In
January 2005, the onsite supervisor, Brian
Kievit, pleaded guilty to a fourth-degree
charge of recklessly creating the risk of
widespread injury filed by the Division
of Criminal Justice.
Methyl
bromide can irritate and burn the eyes and
skin on contact, and exposure can permanently
damage the nervous system. Overexposure
can cause headache, nausea, vomiting, tremors,
slurred speech, dizziness and convulsions.
Very high levels can result in rapid loss
of consciousness and death.
Acting
Supervising State Investigator Jeffrey Gross
led the investigation for the Division of
Criminal Justice - Environmental Crimes
Bureau, which received extensive assistance
from DEP’s Pesticide Control investigators.
The case was prosecuted by Deputy Attorney
General Robert Donovan and former Deputy
Attorney General Bruce Kmosko.
The
civil settlement agreement with DEP prohibits
Terminix International and any of its subsidiaries
and franchises from participating in New
Jersey's commodities-fumigation industry
for at least a year. Terminix can request
the DEP's permission to again perform these
commercial fumigations provided the company
has served its one-year suspension and hires
a consultant to review its operations and
ensure its ability to comply with all regulatory
requirements.
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