OSHA and Phenix Lumber

 

 

Musing About OSHA and Phenix Lumber

 

 

While looking for news articles to read and potentially comment on (something I’m thinking of doing for the podcast – perhaps a weekday morning one, but nothing set in stone), I came across a Washington Post article about Phenix Lumber, a mill in Alabama that was dubbed “the deadliest workplace in America.”

Ok, I thought. I’ll bite and read the article.

I couldn’t believe just how many accidents, injuries, and deaths were directly attributable to this workplace. What’s more, Phenix Lumber, despite the injuries, loss of life, and numerous OSHA fines, remained open and continued in their unsafe behavior.

 

What Does This Mean?

For my part, when I read this crazy story, I was reminded how Rep Adam Biggs of Arizona has introduced (again, it would seem, according to Jim Rogers) a simple bill to nullify OSHA. When you consider a place like Phenix Lumber that continued to be unsafe despite OSHA fines, what would the rest of America look like without OSHA?

I shudder to think.

The bottom line is that unless businesses are forced to do something (in this case, care for their employees and their safety), the vast majority will not do it. They will exploit workers, cut corners, put them in danger, and simply tell them to get back to work despite safety concerns.

 

Key Takeaways

The Washington Post article, however, did reveal a few things that are worth noting. First, it illustrates that OSHA’s powers are limited. For example, according to The Washington Post, “It cannot shut down companies even after years of repeated violations and penalties, even when workers die. It even lacks the power to ask a judge to do so.”

Second, OSHA’s fines are low. By way of comparison, “Even today, the top penalty OSHA can hand out for a willful violation is about $165,000 – less than half the maximum daily fine for a Clean Water Act violation. ‘Fines are higher for killing fish than killing workers,’ said former OSHA administrator David Michaels.”

Third, we don’t need to nullify OSHA; it actually needs its power broadened. It can’t shut a dangerous place like Phenix Lumber down, despite the injuries, deaths, and fines. And that’s a BIG problem from where I stand. Again, I’m forced to ask: If this can take place WITH OSHA, what does our workforce look like WITHOUT it?

Fourth, it reinforces what I’ve long known: Corporations and their elected officials do not care about workers or their safety – they ONLY care about the bottom line. For many of us, this isn’t a surprise. What’s more, this is precisely why OSHA is an absolute necessity in the first place: To combat the idea that workers are mere tools in a toolbox and can be exploited at will.

 

“For the love of money is a root of all kinds of evil.”

The Bible, 1 Timothy 6:10 – Emphasis mine

 

Fifth, it demonstrates just how important Collective Bargaining Agreements – also known as contracts – are to protect workers. There is NO power like solidarity, where people stand together and decide they have had enough. For my part, I am reminded of this quote, here:

 

“No army can withstand the strength of an idea whose time has come.”

– Victor Hugo

 

I’m known to say HR departments attempt to dehumanize workplaces by creating processes – but the love of money dehumanizes people far more. Our American capitalism of today is only concerned about the short term and maximum profits, longevity and/or workers are not considered.

 

Other Noteworthy Things

The same Washington Post article also noted that from 2013 to 2023, workplace fatalities jumped 15%.

There is a direct correlation between being a right-to-work state – like Alabama is – and safety. What’s particularly interesting is the source of this info: Occupational and Environmental Medicine.

What were the results of the study?

 

“The Local Average Treatment Effect of a 1% decline in unionisation attributable to RTW is about a 5% increase in the rate of occupational fatalities. In total, RTW laws have led to a 14.2% increase in occupational mortality through decreased unionisation.”

 

And while I haven’t taken a look at the data to see if I can isolate states, I’ll note that four states became right-to-work states during that time. Hmmm…

If you want to explore right-to-work further, you can check out the articles below for more:

Right to work part 1

Right to work part 2: Financial Ramifications

Right to work part 3: Safety

 

Conclusion

At the conclusion of this Musing, I am dismayed at the constant attacks on workers, unions, and overall protections for EVERY worker – union and non-union. It feels constant, like we are always on the defensive. Nullifying OSHA is just plain stupid. Moreover, it reveals the duplicitous nature of many in Congress: attempt to remove some federal legislation by saying “this should be a states issue” and, at the same time, propose legislation like a “National right-to-work law.”

We need to educate others – and if you liked this Musing, feel free to share it, and be sure to subscribe to stay up to date with what’s going on at The Wealthy Ironworker. 👇