Gordon Smith profits off the back of illegal immigrants. Federal investigators and recent news reports have shown that illegal immigrants are common place at Smith Frozen Foods. While Gordon Smith continuously dismisses these reports, he refuses to disclose his company’s hiring and screening practices to disprove them. Gordon Smith’s conduct as a corporate citizen should concern every Oregonian. His company has violated the law, injuring workers and polluting Oregon’s waterways time and time again. Smith Frozen Foods is a dangerous place, led by a man who puts profit before people. That’s Gordon Smith. BACKGROUND According to his Senate financial disclosure forms Gordon Smith has profited off low-wage workers at Smith Frozen Foods. Disclosure forms required by the Senate indicate that in 2007, Smith received more than $5 million from his ownership interest in Smith Frozen Foods. [Smith Personal Financial Disclosure, 2007] An INS report from April 16, 1986 said "most" of Smith's 1,000 summer employees were likely undocumented workers. [Eugene Register Guard, 10/24/96] One undocumented worker was profiled in the local media – seven years before he was dismissed by Smith Frozen Foods. In addition to other undocumented workers interviewed by Willamette Week, the newspaper also reported on Manuel Raya. “Beginning in 2000, Raya was the subject of a lengthy profile that ran periodically for several months in the Walla Walla Union-Bulletin, a daily newspaper that circulates in Eastern Washington and Oregon.… The story printed Raya’s full name, published several photos of him and stated clearly that he was an undocumented worker.” Raya was not fired by Smith Frozen Foods until 2007. [Willamette Week, 9/24/08] According to newspaper reports, "there is ample evidence to suggest that the hiring of illegal workers is a regular fact of life at Smith's operation." [Willamette Week, 9/10/08] It is hypocritical for Gordon Smith to claim that he is serious about cracking down on employers who knowingly hire illegal immigrants. “’[W]e cannot continue to absorb the flow of illegal immigrants, many of whom benefit from government services that American citizens and companies provide,’ Smith wrote in a letter to constituents dated Jan. 31, 2007. ‘Reform is necessary, and our borders must be tightened. Anyone who wants to come to live or work in the United States must abide by our laws while paying taxes and learning the English language.’” [Willamette Week, 9/10/08] Smith has refused to disclose publicly records that could refute these allegations. He claims he "goes the extra mile" to make sure his company does not hire undocumented workers, yet has not explained what that entails, provided relevant documentation or even made clear how he would know this given his attempts to distance himself from the day-to-day running of the company. At Least 623 Workers’ Compensation Claims Were Filed On Smith Frozen Foods, Garrett Packing, and Brittany Farming. According to the Workers’ Compensation Division of the Oregon Department of Business and Consumer Services, at least 623 workers’ compensation claims have been filed by employees of Smith Frozen Foods, Garrett Packing, and Brittany Farming since 1989. [Workers’ Compensation Division Records, 1989-2008]
A Federal Investigation Found That Smith Trains Spanish-Speaking Workers in English. Following serious injuries at Smith frozen Foods, OSHA investigators found that a large majority of Smith Frozen Foods employees who operated forklifts in the course of their jobs had not been trained in the proper use of such equipment. The inspector discovered that much of the training which did occur was given in English despite the fact that 80 percent of the company’s workforce were Spanish speakers. [OR-OSHA Investigation Synopsis, S4632-004-98; OR-OSHA Inspection #30128566; OR-OSHA Investigation Synopsis, S4632-004-98] Smith Frozen Foods Has Had At Least 18 Reports Of Spills or Leaks in Surface Water or Ground Resulting In $ 38,800 In Fines. According to the Oregon Department of Environmental Quality, Smith Frozen Foods has at least 16 reports of wastewater or chemical spills in both water and the ground totaling at least $38,800 in fines. The violations include a July 1991 spill, which lasted for six straight days, and which killed fish and polluted a 23-mile segment of the Pine Creek. DEQ issued a $75,000 fine, which was reduced to $25,000 on appeal. The violations include a spill into Pine Creek as recently as July 29, 2008 which resulted in a $3,900 fine by DEQ. [Oregon Department of Environmental Quality Records, 1981-2008; 1996 WPCF Permit Evaluation, pg. 14; Associated Press, 9/16/08] Dangerous Carbon Monoxide Levels at Smith Frozen Foods. A full scale Oregon Occupational Safety and Health Administration (OR-OSHA) investigation of Smith Frozen Foods in 1998 found that the company was knowingly exposing their employees to dangerous carbon monoxide levels and refusing to address the problem. According to multiple complaints filed with OSHA, workers at Smith Frozen Foods were nearly passing out due to the exhaust fumes coming from forklifts in the plant’s freezer. [Memorandum in OR-OSHA File, 11/21/98; Notice of Alleged Safety or Health Hazards, undated; OR-OSHA Investigation Report M7711-006-99, 11/19/98] When OSHA took their findings to Smith’s managers the company said that addressing the problem “just wasn’t feasible.” There was considerable discussion regarding the feasibility of addressing the carbon monoxide exposures. Mr. [Morris] Hansen claimed that it just wasn’t feasible to replace all of the propane fueled forklifts. My observation of the facility was that there were electric forklifts in other areas of the plant. I do not feel that there is a feasibility problem with this issue. [OR-OSHA Investigation Report M7711-006-99, 11/19/98] Following the meeting with Smith’s managers, Smith Frozen Foods was fined for numerous violations the following year resulting from its investigation of carbon monoxide levels at the Weston facility. [OR-OSHA Investigation Report M7711-006-99, 11/19/98]
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