Teen's grain elevator death leads to fines, child labor citations

KIOWA COUNTY - Federal regulators levied the second largest workplace safety fine in Colorado history against a rural business accused of poor safety practices and child labor law violatons.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) and the Wage and Hour Division announced more than $1.6 million in fines on Monday against Tempel Grain Elevators.

Tempel Grain, based in Wiley, operates 14 grain elevators on the plains.

OSHA investigated after 17-year-old Cody Rigsby was killed while working in the company's Haswell grain elevator on May 29.

9Wants to Know has learned Rigsby and another workers were sent into a grain bin to keep the grain moving.

The flow of grain was not turned off, which is a violation. Rigsby did not have required emergency rescue equipment such as a harness or lifeline. The OSHA report noted another violation occured when no worker was stationed to watch the men working inside the bin.

The Kiowa County Sheriff's Office says the other worker lost sight of Rigsby in the grain bin and reported him missing. Rigsby suffocated in the grain and his body was not recovered for six hours.

"Tempel Grain ignored long-established standards addressing safety in grain handling facilities. It was well aware of the hazards and knowingly put its young workers in harm's way," Secretary of Labor Hilda L. Solis said in a written statement.

"The company created a hazardous and illegal working environment for its workers," Solis wrote. "This situation must be addressed swiftly and completely."

OSHA noted 22 alleged willful violations and 13 alleged serious citations at the Haswell site, ranging from a lack of safety and emergency plans to a lack of rescue equipment.

Tempel Grain was cited for using extension cords as permanent wiring, and failing to guard conveyors.

The fine is the largest in the history of the local OSHA office, which was established in 1990. Only one OSHA fine in Colorado history was larger.

The OSHA probe led investigators from the Haswell site to the headquarters in Wiley where, last week, OSHA levied $17,750 in fines for 12 additional workplace safety issues.

A separate, simultaneous investigation by the Wage and Hour Division uncovered 77 child labor violations related to 15 minor employees at Tempel Grain sites.

The investigation found a 13-year-old working for Tempel Grain as well as 14- to 17-year-olds operating prohibited hazardous equipment such as front end loaders and working in age-restricted areas on and around the roofs of elevators.

The Wage and Hour Division ordered Tempel Grain to pay $56,285 in back wages for overtime and minimum wage violations.

Tempel Grain has 15 days to respond to OSHA's findings.

The company's majority owner, Kelly Spitzer, says Tempel Grain is reviewing the report.

"The tragic accident involving our friend and employee, Cody Rigsby, deeply affected our company and our community" Spitzer said in a written statement. "We continue to extend our sympathies and prayers to Cody's family and many friends."

Spitzer said she could not elaborate on her written statement at her attorney's request.

A listed telephone number for the Rigsby family is not in service. 

Tempel Grain Elevators was founded by prominent eastern Colorado businessman George Tempel, who is now a minority owner, said Spitzer, Tempel's daughter.

Lamar-area rancher Steve Shelton said the Tempel family is well-respected in the community.

He also cautioned against drawing conclusions about teenagers operating machinery, saying those children have grown up learning on area farms.

"Of course, nobody likes to think we put any of our kids in danger. I would say that our kids out here in agriculture are in no more danger than the kids walking across the streets in Denver," Shelton said. "You can all make poor judgements and have mishaps."

To discuss this story, or to suggest another story idea, contact 9Wants to Know investigative reporter Kyle Clark.