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Terminix Pleads Guilty To Assault In New Jersey Case

October 12, 2006

Terminix • Complaints --- • Terminix Pleads Guilty To Assault In New Jersey Case • Terminix Settles with New Jersey • $759,000 NY Penalty

Pest control giant Terminix International has pleaded guilty to a criminal charge of assault related to a botched cocoa-bean fumigation that exposed nine employees to the highly toxic pesticide methyl bromide in New Jersey.

The company entered a plea to a single count of simple assault contained in a criminal complaint filed by the state's Division of Criminal Justice, Environmental Crimes Bureau.

Under a plea agreement, Terminix has agreed to pay $300,000 to the School Integrated Pest Management Program, a legislatively mandated program to train those responsible for pest management in public and private schools across New Jersey how to reduce or eliminate pesticide use in compliance with state law to avoid exposing students and staff.

"Terminix, through its onsite supervisor, acted negligently in handling this potentially deadly pesticide," said Attorney General Stuart Rabner. "Through this plea, the company has admitted its negligence and agreed to provide $300,000 for a training program to help protect New Jersey students from unnecessary exposure to pesticides."

"Our innovative use of the criminal assault statute in prosecuting Terminix should send a strong message about corporate responsibility and safety," said Criminal Justice Director Gregory Paw. "We will hold companies accountable if they break the law and put workers or the public in harm's way."

In June, the state Department of Environmental Protection announced an $80,000 civil settlement with Terminix. DEP cited the company for pesticide-control and air-pollution violations in connection with the 2004 incident, which was investigated by investigators from the DEP Pesticide Control Program and the Division of Criminal Justice, Environmental Crimes Bureau.

"Terminix is paying the price for risking the lives of its employees," DEP Commissioner Lisa P. Jackson said. "The funds will be a boon to the Integrated Pest Management program, helping to protect the public -- particularly our schoolchildren -- and our environment from the dangers of pesticides."

Terminix dispatched nine employees on May 12 and 13, 2004, to fumigate cocoa beans stored on pallets in a 500,000 cubic-foot area of the Lyons & Sons Inc. warehouse in Pennsauken.

The Terminix crew, whose supervisor was licensed to perform commercial fumigations, used large plastic tarps to cover and seal 18-foot stacks of cocoa beans, pumping in a gas with the active ingredient methyl bromide. During such fumigations, the tarps are supposed to remain sealed for 12 to 24 hours to eradicate any insects or other pests. The law requires employees to wear self-contained breathing apparatus during certain phases of the application and to test the air before allowing employees to re-enter the area to remove the tarps.

Instead, under their supervisor's direction, the Terminix crew -- none of whom wore the required safety gear -- began removing tarps without proper testing, investigators found.

Crew members were immediately overcome by the toxic fumes.

DEP said it determined that the fumigation represented a gross misapplication of methyl bromide and that all safety requirements for protective equipment and air testing had been ignored.

Two of the employees suffered severe injuries. Three others also required medical treatment following the mishap.

In January 2005, the onsite supervisor, Brian Kievit, pleaded guilty to a fourth-degree charge of recklessly creating the risk of widespread injury filed by the Division of Criminal Justice.

Methyl bromide can irritate and burn the eyes and skin on contact, and exposure can permanently damage the nervous system. Overexposure can cause headache, nausea, vomiting, tremors, slurred speech, dizziness and convulsions. Very high levels can result in rapid loss of consciousness and death.

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