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Two Washington companies face a combined $650,000 in fines for violations in connection with a worker who died from asphyxiation after entering an apple storage facility where the oxygen had been removed from the air.

The incident on Oct. 1, 2023. involved a worker for Pace International LLC, who was at the Stemilt Growers’ controlled atmosphere room to apply a fog fungicide to help preserve the apples. A Stemilt employee reportedly had unlocked the room to allow him in.

According to an investigation by the Washington State Department of Labor & Industries, a Stemilt employee’s oxygen monitor alarm sounded when near the open entry port, signaling the room was oxygen deficient. However, the employee reportedly didn’t point it out to the Pace worker, and allowed him to enter the storage room and work alone.

In controlled atmosphere rooms, oxygen can be depleted to nearly 1% to keep the fruit from spoiling. L&I inspectors said air monitor readings that morning ranged from 1.9 to 2.09% oxygen (normal oxygen at sea level is roughly 21% of the atmosphere), according to investigators.

Another Pace employee eventually found him inside the room and unresponsive.

Pace’s training handbook states that workers are permitted to enter controlled atmosphere rooms when the oxygen level is 17.5%. State regulations require the oxygen level to be at 19.5% or higher, according to investigators.

Pace was fined $574,000 for eight willful serious and two serious violations related to confined space hazards and disturbing the scene. Pace is now subject to greater scrutiny by the state. It is appealing the fines.

Stemilt was fined $76,300 for one willful serious and one serious violation related to confined space rules to protect workers. It did not file an appeal, according to L&I.

Topics Washington Contractors