Salvador Garcia, 61, of Rialto, was working at RePLANET at 9910 Sixth St. when he was killed by a Caterpillar 938K skip loader
RANCHO CUCAMONGA >> One of California’s larger recyclers faces two felony charges and a potential $1.5 million fine in connection with the 2013 death of an employee at its Rancho Cucamonga operation.
San Bernardino County District Attorney Mike Ramos announced in a news release Friday the office’s criminal case against RePlanet LLC, which is headquartered in Ontario and collects recyclables at grocery store parking lots throughout the state.
The criminal complaint alleges “the company willfully violated worker safety rules which caused the death of 61-year-old Salvador Garcia,” a Rialto resident.
Company officials could not be reached for comment.
On Aug. 20, 2013, a 35,000-pound earth mover crushed Garcia, a truck driver for RePlanet, at the company’s regional plant at 9910 Sixth St. in Rancho Cucamonga.
One charge of the complaint alleges the company did not have sufficient warning methods for its equipment. The other charge alleges the company lacked injury and illness prevention programs.
THE INCIDENT DETAILED
According to an Occupational Safety and Health Administration report about the accident, Garcia went to work that day to fill in for someone who called out sick. After getting information about his day’s route, Garcia started walking toward his assigned truck. As he was walking, a witness saw Garcia pass behind a coworker who was using a Caterpillar front-end loader/tractor to push plastic bottles into a bay.
Seconds later, Garcia “doubled back and started heading back towards the trailer,” while “at the same time, the coworker reversed the frontend, but it struck and ran over crushing (Garcia).”
Garcia was pronounced dead at the scene, the OSHA report concludes.
THE LEGAL AFTERMATH
The federal agency identified two “serious” violations of law and imposed three fines, totalling $36,420.
Locally, arraignment is expected Aug. 18 at San Bernardino Superior Court in Rancho Cucamonga, the news release states. Douglas Poston, lead deputy district attorney of the Consumer and Environmental Protection Unit, is prosecuting the case.
“We believe very strongly in the law that requires employers to provide a safe and healthful place of employment,” Poston said in the news release. “This case reflects District Attorney Ramos’ ongoing commitment to protect workers from illegal and dangerous practices.”
RePlanet announced earlier this year that it was closing 191 recycling centers throughout the state and laying off 278 employees, citing declining prices in aluminum and plastic and in anticipating of minimum wage hikes.