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OSHA finds no violations at Berner
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DAKOTA, Ill. — Federal investigations opened after a man died in a forklift accident at Berner Food & Beverage in October found no violations committed by the factory, his employer or the staffing agency that hired him.

The Occupational Safety and Health Administration (OSHA) opened inspections into Berner and two other companies after the death of Marc Merriman, 45, Loves Park, Illinois. 

Merriman was killed when he accidentally drove his forklift off a loading dock Oct. 27, according to the Stephenson County Sheriff’s Office.

Within two days, OSHA opened inspections into the Dakota factory, as well as into Merriman’s employer, Trilogy Warehouse Partners II, LLC, and the Rockford staffing agency that provided him, Aerotek.

OSHA records show the three inspections were closed in January, with no violations found. The federal agency had six months to complete the inspections, according to Scott Allen, a Department of Labor spokesperson out of the Chicago office. More detailed information on the inspections was not immediately publicly available.

An OSHA database shows numerous prior safety inspections or violations related to Aerotek, which has locations internationally as well as around the U.S. The database shows no history of investigations into Trilogy, a Missouri-based third-party logistics company that handles warehousing and distribution.

OSHA records show Berner paid $13,000 in penalties earlier in 2019 after an accident at the factory in October 2018 resulted in an employee suffering an amputation while “unjamming” frozen product from a condiment pump. OSHA initially fined Berner a total of $18,944 for two violations of safety standards, but this amount was reduced in a settlement conference. In addition to paying the fine, Berner also met all requirements to fix the issue.

The Berner factory is located at 2034 E. Factory Rd., about five miles south of the Illinois/Wisconsin border. It produces shelf-stable dips, sauces, aerosol cheese and milk-based beverages.