Tyson Foods Faces Scrutiny Over Ongoing Ammonia Leaks

A recent investigation has uncovered a troubling history of ammonia leaks and worker injuries at Tyson Foods, one of the largest meat processors in the U.S. These leaks, which occurred across numerous Tyson facilities, including some in Georgia, have severely injured nearly 150 workers from 2012 to 2021.

Repeated ammonia leaks at Tyson Foods have left employees hurt time and time again

According to a CNN report published on May 4, 2023, Mimi Perkins, a Tyson employee in Hope, Arkansas, has endured some of the worst consequences of the ongoing ammonia leaks. In 2016, a pipe weld burst, releasing a cloud of ammonia gas that rendered her unconscious and trapped for 40 minutes while her respiratory system and skin suffered extreme damage. 

Even years later, Perkins grapples with the fallout from this incident, which has left her with chronic respiratory issues, significant eye damage, and an inability to resume her former life. Reflecting on her ordeal, she remarked, “It damaged every dang part of me. I can’t do what I used to do.”

Perkins’s case is just one among many. Another worker, Shani Haynes, who was also on duty during the 2016 leak, recounted her own trauma. Returning to the plant the next day, Haynes suffered a severe panic attack at the smell of ammonia, which evoked the memory of her colleagues running blindly through thick, choking gas. Haynes eventually left Tyson due to the lasting psychological impact. 

Delfort Minor, who narrowly escaped the leak by being on a break, described the chaos as “an active shooter situation,” with people running, coughing, and shouting for help. Minor says he still experiences nightmares about that night, comparing it to “a gas chamber.”

Elsewhere, at Tyson’s Rogers, Arkansas, facility, a 2014 ammonia leak exposed a lapse in Tyson’s reporting. While the local fire department documented 25 injuries and hospital visits, Tyson reported only 1 injury to the EPA. Martha Hernandez, a worker affected by that leak, still relies on an inhaler multiple times daily, even after leaving Tyson. She believes the company has failed to adequately protect and inform its employees about the dangers of ammonia.

Magaly Licolli, an advocate for Tyson workers, sees these incidents as part of a larger pattern in which Tyson allegedly prioritizes profit over safety. “It’s unacceptable, it’s inhumane,” Licolli stated. “We should start seeing these workers as humans and people—that their work is essential for us to have food on our table.”

Tyson has countered these claims by stating that it maintains rigorous safety protocols and proactively reports incidents. “We greatly value the health and safety of our team members and take proactive measures to ensure a safe workplace,” said spokesperson Derek Burleson. 

But many affected Tyson workers feel the company’s response is insufficient. Federal data seems to back that sentiment up, showing that Tyson has consistently accounted for more ammonia-related injuries than any other company in the meatpacking industry, even though its facilities use less ammonia overall.

Since 2013, OSHA has cited Tyson facilities over 90 times for violations of chemical handling and training deficiencies, though some citations were later reduced through settlements.

Tyson’s repeated assurances and recent safety improvements offer little solace to those who bear the physical and psychological scars of ammonia exposure, with ongoing leaks and injuries pointing to unresolved safety concerns across its plants.

Why are there so many ammonia leaks at Tyson plants?

The recurring ammonia leaks at Tyson Foods plants highlight significant gaps in safety protocols and employee training, leaving workers dangerously unprepared for handling toxic chemical exposure. A lack of comprehensive safety training, especially regarding ammonia hazards, has played a significant role in these incidents. Workers like Mimi Perkins and Shani Haynes describe having no prior training in responding to a leak, leading to chaotic and unsafe evacuations when incidents do occur. 

Federal investigations have repeatedly cited Tyson for inadequate maintenance and training, underscoring the company’s failure to address known safety risks. In 2016, for example, OSHA found that Tyson neglected to install ammonia alarms and had allowed severely corroded pipes to remain in use. 

Robust safety training could help employees better recognize signs of leaks and take protective actions, potentially reducing both immediate injuries and long-term health impacts. Addressing this critical gap in training is essential for Tyson and any organization dealing with hazardous materials to ensure worker safety and prevent further incidents.

Can Tyson workers sue for injuries caused by ammonia leaks?

In most cases, employees injured by ammonia leaks at Tyson Foods facilities are limited to seeking compensation through workers’ compensation benefits. Workers’ compensation is a no-fault system designed to cover medical expenses and lost wages for employees injured on the job, while generally preventing them from suing their employer directly for workplace injuries.

However, there are exceptions where an employee might be able to pursue a personal injury lawsuit:

• Intentional or egregious conduct. If an employer’s actions are found to be intentional or grossly negligent, leading to the injury, an employee may have grounds for a lawsuit. This is a high threshold to meet and requires substantial evidence.
• Third-party liability. If a third party (someone other than the employer or a coworker) is responsible for the injury, the employee may be able to file a lawsuit against that third party while also receiving workers’ compensation benefits.

Given the complexities of such cases, it’s advisable that injured poultry plant workers who suffer serious or catastrophic injuries due to an ammonia leak consult with an experienced work injury attorney to explore all potential avenues for compensation.

Were you injured while working at a Tyson Foods plant in Georgia? We can help!

If you or a loved one has been injured due to unsafe conditions at Tyson Foods or any other workplace in Georgia, you don’t have to face the aftermath alone. At Gerber & Elkins, we understand the physical, emotional, and financial toll a workplace injury can take—and we’re here to help you navigate the complexities of a workers’ comp claim.

With over 100 years of combined experience, our skilled Atlanta workers’ compensation attorneys know how to maximize your compensation by aggressively negotiating with insurance providers and exploring third-party claims when necessary. Don’t let unanswered questions or unclaimed benefits stand in your way. Our knowledgeable attorneys are ready to help you understand your rights and determine the best way forward.

Contact Gerber & Elkins Workers’ Compensation Attorneys today for a free consultation, and let us advocate for the justice and financial support you deserve.

References

Tolan, C., & Chapman, I. (2023, May 4).Dangerous chemical leaks have injured workers at one of America’s largest meat processors | CNN Business. CNN. https://www.cnn.com/2023/05/04/business/tyson-ammonia-leaks-invs/index.html