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 had unlocked the room to allow him in.

The Stemilt employee’s oxygen monitor alarm sounded when they were near the open entry port, signaling the room was oxygen deficient. However, he didn’t point it out to the Pace worker, and instead allowed him to enter the storage room and work alone without an attendant to monitor for safety.

In controlled atmosphere rooms, oxygen can be depleted to nearly 1 percent to keep the fruit from spoiling. L&I inspectors said air monitor readings that morning ranged from 1.9 to 2.09 percent oxygen. Normal oxygen at sea level is about 21 percent of the atmosphere.

Another Pace employee working across the street hadn’t seen any activity, so he walked over to check on their coworker and found him inside the room and unresponsive.

“Both companies own a piece of this preventable tragedy,” said Craig Blackwood, assistant director for L&I’s Division of Occupational Safety and Health. “When just one worker showed up for Pace, the Stemilt operator should have asked, ‘Why are you alone? Where is your attendant? Where is your oxygen tank?’” said Blackwood.

Oxygen level well below state standards
Pace International’s Thermofogging Training Handbook states that workers are permitted to enter controlled atmosphere rooms when the oxygen level is 17.5 percent. State regulations require the oxygen level to be at 19.5 percent or higher.

“It’s a wonder that Pace hasn’t had a worker die before now,” said Blackwood. “They’ve been gambling with workers’ lives for a long time and they finally lost.”

Pace and Stemilt cited for willful and serious violations
In total, Pace International was fined $574,000 for eight willful serious and two serious violations related to confined space hazards and disturbing the scene. A willful violation is one where L&I finds evidence a company knew or should have known about a hazard or a rule. A serious violation is one where there is a substantial probability that worker death or serious physical harm could result from a hazardous condition.

Pace International is now in the Severe Violator Program and is subject to greater scrutiny by the state. It is appealing the fines.

Stemilt Growers 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.

Money collected from fines goes into the workers’ compensation supplemental pension fund, helping workers and families of those who have died on the job.