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Mar-Jac settles with OSHA over teen worker’s death

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mississippitoday.org – Mina Corpuz – 2024-08-16 16:16:35

Mar-Jac settles with OSHA over teen worker’s death

The company that operates a Hattiesburg poultry plant where a 16-year-old employee died last year while cleaning a machine has settled with the federal agency tasked with worker safety. 

Mar-Jac Poultry agreed to pay nearly $165,000 in fines and implement safety measures to protect employees from well-known machine hazards, the U.S. Department of Labor announced Wednesday. 

The night of July 14, 2023, Duvan Perez was cleaning a deboning machine at the plant when the machine turned on and pulled him in, Occupational Safety and Administration found in its investigation of the incident. 

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Duvan Perez, 16, a Hattiesburg middle-schooler, was killed July 14, 2023, while cleaning a deboning machine at Mar-Jac Poultry. Credit: Courtesy of the family's attorney, Seth Hunter

“Tragically, a teenage boy died needlessly before Mar-Jac Poultry took required steps to protect its workers,” OSHA Regional Administrator Kurt Petermeyer said in a statement. “ …  Enhanced supervision and increased can go a long way toward minimizing risks by workers in meat processing facilities.”

In addition to addressing the violations, the company must implement several enhancements relating to the use of lockout/tagout standards, which are procedures to shut down equipment before maintenance and other activities are performed. The enhancements include training, a risk and hazard assessment of current procedures and monthly audits for its use on the sanitation shift for a year. 

Earlier this year, OSHA cited Mar-Jac for 17 violations relating to Perez’s , with 14 classified as serious and proposed over $212,000 in penalties. also show the company issued at least eight citations at the Hattiesburg plant between 2020 and 2021 – incidents that included deaths, amputations and other injuries. 

“Mar-Jac was aware of these safety problems for years and had been warned and fined by OSHA, yet did nothing. Hopefully, Mar-Jac will follow through this time so that no other worker is killed in such a senseless manner,” attorney Jim Reeves, who represents Perez’s ,  said in a Friday statement. 

Perez’s family filed a wrongful death against Mar-Jac, agency Onin Staffing and others in February. As of Friday, that case is ongoing in the Forrest County Circuit Court. 

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Federal child labor laws prohibit anyone under the age of 18 from working in meat processing plants because of the dangerous machinery. 

Mar-Jac and other defendants, such as the staffing agency that placed Perez at the plant, denied the allegations of the lawsuit. 

In a statement released shortly after the teenager’s death, Mar-Jac said staffing companies are responsible for verifying employee’s age and identification. Additionally, an attorney for Mar-Jac told NBC News last year that the teenager used identification of a 32-year-old man to get the job. 

Perez’s case was also highlighted in the NBC documentary about child labor in slaughterhouses. 

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

Late and missed Medicaid rides triple the contractual limit in July

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mississippitoday.org – Gwen Dilworth – 2024-09-17 09:49:01

Six percent of rides provided by the company that coordinates recipients’ transportation to medical  appointments  – or three times the allowable limit – were late or missed in July.

The company’s first report to the Division of Medicaid since assuming the contract for transportation services indicated that five percent of scheduled rides were late, and one percent was missed, said Medicaid spokesperson Matt Westerfield. 

The company’s contract states that no more than two percent of scheduled rides should be late or missed each day. 

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For-profit, Denver-based Modivcare is working to lower the percentage of rides that are late or missed, said company spokesperson Melody Lai in an email.

“We utilize data and close partnerships with healthcare facilities, transportation providers, and members across the to continuously improve service,” she said. 

Modivcare, which began its three-year, $96.5 million contract with the state on June 8 of this year, scheduled over 52,000 trips with beneficiaries in July. 

About 3,000 of the rides were late or missed. 

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Nearly 40,000 rides were completed after cancellations made by both Medicaid recipients and drivers in July. Thirty-seven trips took 45 minutes longer than average. 

Modivcare’s contract mandates it submit monthly reports detailing late or missed trips, along with other information.

Despite filing a public records request, did not obtain a copy of the company’s first monthly report. The Division of Medicaid indicated that the reports could contain proprietary, third-party trade secrets and that Modivcare had the right to obtain a protective order prohibiting the release of the records.

State Medicaid programs are required to rides to doctor appointments to plan recipients. States can manage the benefit directly, provide the service through Medicaid managed care contracts or contract with a third-party broker, like Mississippi. 

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Modivcare subcontracts with local transportation companies to provide rides to beneficiaries. Late or missed trips are considered the fault of the transportation companies that provide rides to beneficiaries, Westerfield said.  

Mississippi Today last month reported that a woman who uses a wheelchair missed four doctors appointments after Modivcare assumed responsibility for the service in June. She said drivers refused to give her a ride on two occasions because they did not feel comfortable securing her mobility device. On another occasion, Modivcare told her there were no available drivers with the capacity to transport a wheelchair. Another time, the driver did not show up to the location she indicated. 

Modivcare’s contract with the Division of Medicaid requires that each wheelchair vehicle have a wheelchair securement device that meets American with Disabilities Act guidelines. 

People with disabilities are some of the most frequent users of the service. 

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Modivcare has been penalized for a high volume of late or missed rides in other states. 

The New Jersey Department of Human Services fined Modivcare $1.7 million between 2017 and 2022 for failing to meet its contractual obligations, missing scheduled pickups, reported the Bergen Record. The New Jersey considered a bill in 2023 to establish performance and standards for Medicaid transportation services, but the legislation died in committee. 

This month, The Maine Monitor wrote that have reported missing appointments and being refused rides by the company, which provides transportation services to 16 counties in Maine. 

In Georgia, Modivcare and Southeasttrans, another non-emergency medical transportation company, were fined over $1 million from 2018 to 2020 for picking up patients late, KFF reported

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Modivcare was the lowest bidder during the contract selection in Mississippi. The agency chose it over Medical Transportation Management, Inc., the previous contractor, and Verida, Inc. 

Westerfield said that when the number of late or missed trips exceeds the two percent threshold, the division works with the company to correct the issue. If the issue persists, the company will receive official warning letters and the division could choose to seek damages. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1968

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mississippitoday.org – Jerry Mitchell – 2024-09-17 07:00:00

Sept. 17, 1968

Diahann Carroll and Sammy Davis Jr. on The Hollywood Palace, 1968. Credit: Wikipedia

Diahann Carroll starred in the title role in “Julia” — the first Black actress to star in a non-stereotypical role in her own television

She grew up loving singing, dancing and performing in the theater, and she began modeling for Ebony magazine at 15. Three years later, she appeared on the TV show, “ of a Lifetime,” taking home the top prize for her performance of the song, “Why Was I Born?” That same year, she acted in the film, “Carmen Jones”, and appeared in the Broadway musical “House of Flowers”. 

In her TV show “Julia”, her performance garnered an Emmy nomination for her, and she won a Golden Globe for Best Actress in a Television Series. Mattel even created a Barbie in her image. 

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After “Julia” ended, she returned to Broadway and Hollywood, earning an Academy Award nomination for her performance in the 1974 film “Claudine”. She went on to portray Dominique Deveraux in the primetime soap opera “Dynasty”. In 1996, she became the first African American to play the role of Norma Desmond in the Andrew Lloyd Webber musical, “Sunset Boulevard”. 

Carroll devoted much of her time to the Celebrity Action Council, which works with women in rehabilitation from problems with , alcohol or prostitution. Eight years before she died in 2019, she was inducted into the Television Academy Hall of Fame.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Favre loses another round in lawsuit agaisnt ex-talk show host

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mississippitoday.org – Jerry Mitchell – 2024-09-17 04:00:00

Former “Undisputed” host Shannon Sharpe remains undefeated in his defense of critical remarks toward fellow NFL Hall of Famer Brett Favre.

On Monday, the U.S. 5th Circuit Court of Appeals rejected a request by Favre to resurrect a defamation against Sharpe, who said on his Sept. 14, 2023, show that the former Southern Miss and Green Bay Packers quarterback stole funds from the Temporary Assistance for Needy Families program meant for those living in poverty.

Favre hasn’t been charged in the scandal in which six people have been convicted of and federal charges involving $77 million in federal TANF funds.

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In 2022, the state Department of Human Services sued Favre and many others to try and recoup the $77 million that was illegally diverted between 2016 and 2019. A year earlier, the department had sought to recover $1.1 million in TANF funds that Favre received for speeches he never delivered. (The speaking fees had through the nonprofit Mississippi Community Education Center.)

After a Sept. 13, 2022, article appeared in , Sharpe said on the Fox show, “Skip and Shannon: Undisputed,” that “Bretty Favre is taking money from the underserved” and that he “stole money from people that really needed that money.”

Favre sent Sharpe a letter, demanding a retraction and asking him to stop making any “further defamatory falsehoods against Favre.”

Sharpe refused, and Favre sued for defamation, saying that Sharpe had falsely accused him of serious crimes and his reputation. Sharpe responded that his remarks are “a classic example of the king of rhetorical hyperbole and loose, figurative language” protected by the First Amendment.

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A federal judge ruled in Sharpe’s favor, and so did the 5th Circuit. “Nothing in or our guarantees a person immunity from occasional sharp criticism,” 5th Circuit District Judge Leslie H. Southwick wrote.

Favre has paid back the $1.1 million, but State Auditor Shad White said in February that Favre still owed more than $700,000 in interest.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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