Alabama sawmill faces proposed penalties of almost $2.5 million by US Department of Labor

A federal investigation into a tragic incident at a Phenix City sawmill in August 2023 has revealed that the employer could have prevented the tragedy by simply following the required safety rules, according to officials.

According to the U.S. Department of Labor’s Occupational Safety and Health Administration, a 67-year-old sawmill supervisor at MDLG Inc., also known as Phenix Lumber Co., was discovered to have climbed on top of a drill in order to access a hard-to-reach area and unclog a woodchipper.

OSHA Regional Administrator Kurt Petermeyer in Atlanta expressed his concerns over the negligent behavior of Phenix Lumber towards the safety of its employees. He emphasized the need for immediate action to prevent further tragedies. Petermeyer stated, “Phenix Lumber’s complete disregard for the well-being of their workers has resulted in yet another family mourning the loss of a loved one. This cycle must be broken.” He further added that this particular worksite has been a recurring issue for OSHA, highlighting the legal obligation of Phenix and its owners to adhere to federal safety regulations that aim to prevent such fatal incidents.

Phenix Lumber Co., along with its owners John Menza Dudley Jr. and Leslie Elizabeth Dudley, were cited by OHSA in response to the incident. They were found to have committed 22 willful violations, one repeat violation, and five serious violations. The proposed penalties amount to $2,471,683.

The agency discovered that the employer was unable to:

    • Ensure employees use 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.
    • Require employees operating a forklift to wear a seatbelt.
    • Maintain fire extinguishers in a fully charged and operable condition.
    • Ensure an electrical disconnect was located in direct line of sight from the equipment being locked out.
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