On-the-job fatality: Company, owners fined nearly $2.5M after worker’s death

An Alabama employer’s “willful disregard” for safety led to an employee’s death, according to OSHA.

The agency proposed a seven-figure fine, citing MDLG Inc., operating as Phenix Lumber Co., a sawmill in Alabama and its owners, John Menza Dudley Jr. and Leslie Elizabeth Dudley for multiple violations.

Second on-the-job fatality in three years

According to reports from first responders, OSHA found a 67-year-old sawmill supervisor climbed on top of an auger to access a difficult-to-reach area to unclog a wood chipper. It started while the man was on top of the auger. He got caught in the machinery and suffered fatal injuries.

OSHA’s investigation found this incident was the second time in three years that the sawmill could’ve prevented a tragic incident by following lockout/tagout requirements.

“Phenix Lumber’s willful disregard for the well-being of their employees leaves another family to grieve the loss of their loved one. This must stop,” said OSHA Regional Administrator Kurt Petermeyer in Atlanta. “This worksite has become all too familiar to OSHA. Phenix and its owners have a legal responsibility to follow federal safety laws that are meant to prevent the exact hazards that cost this employee’s life.”

The sky-high cost of noncompliance

The agency proposed a $2,471,683 fine for 22 willful violations, one repeat violation and five serious violations. Among other things, OSHA found the company failed to:

• Ensure employees used energy control procedures to prevent the unexpected start-up of machines while performing maintenance and servicing activities such as clearing jams.
• Ensure the use of lockout/tagout devices on machinery when performing maintenance.
• Provide training to employees on the purpose and function of the energy control program, as well as ensure they have the knowledge and skills required for the safe application of energy control measures.
• Maintain guarding on machines that posed amputation hazards to employees.
• Require fall protection to be used in work areas above four feet.

Info: Feds propose nearly $2.5M fine after ‘willful safety violation’ leads to fatality, 2/22/24.