Employees First Labor Law

Tragedy at Tina’s Burritos: What Every Worker Needs to Know

On a quiet Sunday night in July 2025, tragedy struck the Tina’s Burritos factory in Vernon, California. A 19-year-old sanitation worker, Brayan Neftali Otoniel Canu Joj, was killed while cleaning a food processing machine. Reports suggest he was pulled into an industrial kettle after it unexpectedly activated—a fatal error that should never happen when proper safety protocols are followed.

This horrific incident isn’t just a freak accident. It’s a glaring reminder of what happens when workplace safety is treated as optional.


What Happened?

Brayan was part of the factory’s sanitation team, working an after-hours shift on July 13, 2025. Around 9:30 p.m., while cleaning a large industrial kettle, the machine suddenly turned on. Despite desperate efforts by coworkers to stop the machine, Brayan was pulled inside and died at the scene.

Initial reports called it a “meat grinder,” but company officials later clarified the machine was an empty kettle being cleaned during a routine sanitation cycle. Regardless of the terminology, the real issue remains: the machinery should have been disabled before any cleaning began.


The Law: Lockout/Tagout Failures

Under Cal/OSHA regulations, employers are required to implement what’s known as lockout/tagout procedures (Title 8, Section 3314 of the California Code of Regulations). These rules are designed to prevent the unexpected energization of machinery during servicing or cleaning.

If these procedures had been followed, Brayan would be alive today.

Common violations include:

  • Failing to cut off power before cleaning or maintenance
  • Inadequate training on safety procedures
  • Allowing sanitation crews to work without supervision or proper equipment
  • Prioritizing production speed over safety

Psychological Trauma: Every Tina’s Worker May Have a Claim

The emotional toll on Brayan’s coworkers is immeasurable. Witnessing a violent workplace fatality—especially one involving a young colleague—is a deeply traumatic experience.

Under California workers’ compensation law, psychological injuries caused by a sudden and extraordinary event (Labor Code § 3208.3) are compensable. This means:

Every worker who was present at the Tina’s Burritos facility during the accident may have a valid psychological workers’ comp claim.

Symptoms may include:

  • Nightmares or flashbacks
  • Panic attacks
  • Difficulty returning to work
  • Depression or anxiety

Even workers who didn’t witness the incident directly but were on-site may suffer lasting psychological impacts and should consult a workers’ comp attorney immediately.


Can Tina’s Burritos Be Held Accountable?

Yes. If Cal/OSHA finds that Tina’s Burritos failed to implement required safety protocols, the company could face serious consequences, including:

  • Substantial fines for safety violations
  • Civil liability for wrongful death
  • Possible criminal charges if willful negligence is found

In addition, the worker’s family may be entitled to death benefits through California’s workers’ compensation system, though these rarely reflect the true value of a young life lost.


Immigrant Labor & Workplace Exploitation

Brayan came from Santa Lucía Utatlán, Guatemala, part of a growing workforce of young, immigrant laborers who take on some of the most dangerous jobs in America. These workers often face:

  • Language barriers
  • Retaliation for speaking up
  • Minimal safety training
  • Little recourse if something goes wrong

At EFLL, we believe no one should die for a paycheck, and no company should get away with putting profit before people.


What Should You Do If You Feel Unsafe at Work?

You have rights. Under California law, every worker—documented or not—has the right to a safe workplace. If your job puts you in dangerous conditions or your employer skips safety procedures:

  • Document everything (photos, texts, names, dates)
  • Report it to Cal/OSHA at 1-866-924-9757
  • Consult a workplace safety attorney immediately

If you’ve been injured—or a loved one has been killed—on the job, you do not need to face the system alone.


We Stand With Brayan’s Family—and Every Worker Like Him

This is more than a headline. It’s a painful, preventable tragedy that should spark real accountability.

At Employees First Labor Law, we fight for workers who’ve been silenced, mistreated, or placed in harm’s way. If you’re working in unsafe conditions or your employer isn’t following the law, call us. We’ll help you understand your options—and take action if necessary.


We’re Ready to Help


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