ALJ Decision and Order in MDLG, Inc., dba Phenix Lumber Company, OSHRC Docket No. 24-0405, Becomes a Final Order of the Commission.

Complainant initiated an inspection of Respondent in response to reports from local law enforcement and the local fire department that one of Respondent's employees died after falling into a woodchipper auger while attempting to clear a jam in the machinery. As a result of the inspection, Complainant issued a Citation and Notification of Penalty (Citation) stemming from Inspection No. 1695169 on February 21, 2024. The Citation alleges 22 Willful-Serious violations, one Repeat violation, and five Serious violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (the Act), and proposes a penalty of $2,471,683.1 Respondent filed a timely notice of contest, which brought the matter before the Commission. Initially, this matter was assigned to Mandatory Settlement Proceedings; however, those proceedings were cancelled, and the matter was re-assigned to this Court.

While this matter was pending, Respondent notified the Court it had filed a petition for an order of relief under Chapter 7 of the United States Bankruptcy Code and requested a stay. The request was denied by this Court on February 20, 2025. On June 24, 2025, the Court issued an Order Establishing Trial Date and Entry of Scheduling Order, setting the matter for trial on April 13, 2026.