Mother of teen killed in grain elevator wants kids out of dangerous jobs

KIOWA COUNTY - Cody Rigsby worked on hay crews from the age of 10, returning home at the end of each summer with an envelope of money for his mother, who was struggling to raise him and his siblings alone.

Rigsby died May 29 while working inside a grain elevator in Haswell, Kiowa County.

A report released last week by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) found Rigsby's employer had violated numerous safety regulations, directly leading to his death.

"It didn't dawn on me that they would send these boys in some place where they could be crushed by grain without some kind of safety equipment," Virontka Rigsby, Cody's mother, said.

The OSHA report faulted Tempel Grain, which operates 14 grain elevators in southeastern Colorado near its headquarters in Wiley. The $1.6 million in fines is the second-largest penalty in Colorado history.

Cody Rigsby was ordered into a bin in the Haswell grain elevator to keep the grain moving while it continued to flow from the structure. Rigsby did not have a safety harness or a lifeline. No one from Tempel Grain was spotting him from above when he was swallowed up by the grain and suffocated.

"They didn't mean for Cody to die but they didn't mean for him not to die either," Virontka Rigsby said.

Like many kids brought up in agricultural communities, Cody Rigsby was accustomed to hard, sometimes dangerous work.

"It's expected of our kids on our farms," Virontka Rigsby said. "They've grown up around it."

Having kids work the family farm is one thing, hiring kids to work at a business is another, said Rigsby.

"That's almost a higher level of responsibility because now you're responsible for other people's families," Rigsby said.

"As far as kids working, I'm a firm believer in it. I think there are far too many kids that don't know what responsibility is but we've got to make sure they're going to keep our kids safe," Rigsby said.

Rigsby said she doesn't harbor ill will toward the Tempel family but wants them to change their business practices to keep young workers out of hazardous jobs.

A separate investigation by the Wage and Hour Division that ran concurrent with the OSHA probe 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 until mid-December 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.

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

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