Wilmington Cargo Handling Firm Fined $3,000

A Wilmington cargo container terminal has agreed to pay federal fines totaling $3,000, part of that in connection with the death of an employee who was crushed when a 4,000-pound container fell on him.

The April 28 accident at Martin Container Services, killed Adrian Jacinto, 21, of Long Beach and injured his brother, Francisco, 24, of Long Beach.

John Hermanson, area director for the Occupational Safety and Health Administration, said that the federal safety agency initially cited Martin for four serious safety violations and four lesser violations. After discussions with company officials, the agency dropped one of the serious violations.

2 Connected With Death

Two of the citations were connected with the accident: the firm was penalized $900 because the fatally injured employee had worked under a suspended container and $600 for leaving a container handling machine unattended without lowering the lifting device.

A serious violation is one that can cause bodily injury and that the employer knew about or should have known about.

Though the firm will pay the fines, Martin President Nick Martin said that both Jacintos were violating the company’s written safety policy when the accident occurred.

“The man who drove the machine was not an authorized operator and had never driven the machine before and got on the machine without knowing how to operate it and never locked the container to the lifting mechanism,” Martin said, referring to the surviving brother.

First in 14 Years

“This is the first accident we have had in 14 years in business.”

The largest fine against the firm, which is on East Lomita Boulevard, was $1,200 for failure to complete translation of its hazardous materials training program into Spanish, which had been the basis of a citation issued in March. Martin said the translation has since been completed.

The company also was fined $300 because safety inspectors who went to the yard following the accident found that oxygen and acetylene tanks were stored too close together and did not have the proper protective caps.