OSHA fines truck firm in 2010 Batavia death

A trucking company has agreed to pay a $16,500 federal fine in connection to a man’s death when he was run over Dec. 24, 2010, at the Aldi grocery distribution center in Batavia.

The Occupational Safety and Health Administration ruled Penske Truck Leasing Corp. was guilty of several “serious” violations, according to a June 30 settlement agreement.

OSHA said that the horn, backup alarm and lights did not work on the Ottawa Spotter 4F tow tractor; that Penske failed to inspect the system as required before each shift; and that Penske did not certify that mechanics had been trained and evaluated on the operation of the Ottawa Spotter 4F tow tractor.

Pedestrian Raymond Van Pelt, 53, of Aurora, was behind the tow tractor. Batavia police said the driver of the tow tractor was backing up to a trailer to move it elsewhere. Van Pelt was a driver for another trucking firm.

Tow tractors are used to move trailers around lots and shipping yards.

Patrick Karns, the driver of the Penske truck, has not been ticketed.

Van Pelt’s son and wife have sued Karns, Penske and Aldi. The next court date is July 30. The suit charges Karns with “carelessly operating” a truck without “keeping a proper lookout,” operating it too fast, and failing to blow the truck’s horn as a warning. It also says that the truck had inadequate brakes.

The Van Pelts’ attorney said Van Pelt was wearing an orange safety vest, and that a “reasonable person” can infer the driver was going too fast for conditions or had faulty brakes.

It was snowing when the incident happened.

The distribution center is at 1200 N. Kirk Road, on the campus of Aldi’s headquarters for its United States division.