Watchdog: Red Hots candy factory too hot, workers say

A Creston candy factory whose product line includes such favorites as Red Hots and Atomic Fireballs recently attracted some heat from state regulators over complaints that several workers were overcome by excessive temperatures inside the plant.

Parts of the Ferrara Candy Co. plant in Creston got so hot this summer that workers passed out and suffered heat stroke, according to Doris Linder, a Creston woman who wrote the Reader’s Watchdog, worried about workers she knew who were employed at the factory.

Those workers are sometimes made to work 12-hour shifts in areas that are not air-conditioned. If they take sick days or have to go home, they are docked a “point.”

If an employee receives eight points, they are fired, Linder said.

“I just didn’t realize the bosses could treat their help that way in the U.S. — in Iowa. It sounds like a sweat shop,” Linder wrote.

She asked if the plant’s practices were legal.

Jens Nissen, Iowa’s OSHA administrator, confirmed that two complaints were received this summer about heat stress, but the agency has issued no heat-related fines.

The company reports no recent disciplinary actions regarding heat-related absences.

Illinois-based Ferrara manufactures a number of well-known candies such as Lemonheads, Gummies, Jawbusters and Boston Baked Beans at the facility formerly owned by Farley’s & Sathers Candy Co.

The company boasts “state-of-the-art" manufacturing facilities across the U.S. But the Creston plant has, like a lot of manufacturers in Iowa, struggled to find enough workers and currently faces a class action wage-and-hour lawsuit in the southern district of U.S. District Court in Iowa.

Creston Police Chief Paul Ver Meer confirmed six medical calls to the candy factory from last November through August. But he noted that most medical calls are handled by local paramedics, not by his department.

The second of the two complaints to OSHA came by way of a phone call in late July, Nissen said. An anonymous complainant alleged several workers had passed out on a particularly hot day that week and one was taken to the hospital. The person alleged the plant didn’t have enough fans, and there were not enough workers to replace those on the line when they needed to get a drink throughout the day.

Nissen said there is no fixed standard for heat stress, so the question from a workplace safety perspective is whether the heat is a hazard based on the kind of work being performed. OSHA inspectors, he said, try to determine whether workers have appropriate amounts of water and breaks, given the work environment.

In the July incident, the company confirmed a worker did go to the hospital, but it maintained the worker was also sick before arriving at work, Nissen said. The company said there were fans throughout the plant, working water fountains, neck cooling bands for workers, and two 15-minute breaks available as well as a paid lunch period.

That complaint did not result in any fines because no formal inspection occurred, Nissen said.

The company issued a statement Friday saying it cooperated fully with OSHA during its inquiry into the heat issue, and offered a detailed outline of measures taken in addressing those concerns at the plant. OSHA determined that no further explanation was needed, it said.

"The plant is air-conditioned and we have water fountains in the plant as well as fans located throughout the plant. We have Gatorade and bottled water in the breakrooms. We provide neck cooling bands for any employee who wants them (these are soaked in water and tied around their neck and keep the body cool). Employees get breaks approximately every two hours," the statement said.

The company also addressed Linder's concerns about the so-called "point system." It said that while there has been a basic attendance system in place for years, no employees have been disciplined recently for heat-related absences.

"Employees also have personal days which can be used pursuant to the union contract without penalty to the employee and these days do not have to be scheduled in advance,” it stated.

Nissen said OSHA has cited the Creston plant for several safety-related violations unrelated to heat in the last five years, resulting in fines totaling $54,050.

The complaints and inspections that led to those fines — which the company settled for lesser amounts after negotiations with the state — stemmed from a mix of concerns ranging from faulty electrical equipment to not enough protection for workers exposed to dangerous machinery.

In September 2013, one employee was seriously injured when he got tangled in equipment and had to be extricated by the Creston Fire Department. The employee had to be airlifted to a Des Moines hospital because his injuries were so severe.

Nissen encouraged those with knowledge of safety issues to make a complaint to Iowa OSHA. You have to give your name to OSHA on the complaint, but you can say if you don’t want the name released to the employer, he said.

Iowa has more than 20 inspectors, and OSHA tries to respond to all complaints within five working days.

“We have plenty to do,” he said.

Lee Rood’s Reader’s Watchdog column helps Iowans get answers and accountability from public officials, the justice system, businesses and nonprofits. Contact her atlrood@dmreg.com, 515-284-8549 on Twitter @leerood or atFacebook.com/readerswatchdog.

Heat and workers' rights

Workers suddenly exposed to a hot work environment face avoidable hazards to their safety and health.

According to OSHA, it’s important to educate workers about the dangers of heat, acclimatize workers, gradually increase the workload or allow more frequent breaks to help new workers and those returning to a job after time away build up a tolerance for hot conditions.

Workers have a right to a safe workplace. OSHA law also prohibits employers from retaliating against employees for exercising their rights under the law, including the right to raise a health and safety concern. Go to www.whistleblowers.gov for more information.

Workers may file a complaint to have OSHA inspect their workplace if they believe that their employer is not following OSHA standards or that there are serious hazards. Workers can file a complaint with OSHA by calling 1-800-321-6742. Complaints that are signed by a worker are more likely to result in an inspection.