After logger’s death, OSHA fines an Idaho timber company for a ‘serious violation’
Federal workplace safety officials have fined a central Idaho logging company after an investigation into the death of a worker in July.
The Occupational Safety and Health Administration cited Tom Mahon Logging Inc. for a serious violation following the July 20 death of Trevor Menter, 30, of Council while he was harvesting timber in the Boise National Forest. The finding after a months-long review prompted by the fatal incident includes a $5,461 financial penalty.
The maximum possible fine for such a violation is more than two times that amount, or $13,653. That total is typically reserved for situations in which an employer is responsible for a willful violation, meaning they were “indifferent or intentionally disregarding,” or sometimes have a lengthy history of violations, said David Kearns, director of OSHA’s Boise Area Office.
Before the July incident, Tom Mahon Logging had not been the subject of either an OSHA workplace investigation or enforcement action for at least the past two decades, the federal agency previously told the Idaho Statesman.
“This employer, like most employers, is made up of good people who are almost always well intentioned, but our position is that the employer did not take sufficient steps to make sure workers were a safe distance away before trees were moved,” Kearns told the Statesman in an interview. “Logging is well recognized as one of most dangerous industries out there, which is why it is so critically important that they really follow and ensure folks are following safe work practices.”
Menter remembered as a ‘hardworking, honest man’
Menter was part of a logging crew working over the summer on the West Scriver Creek Stewardship timber sale project within the Emmett Ranger District. He died at the site from blunt-force trauma when a log being pulled up a hill with a chain device, known as a choker, hit a stump and spun around, striking Menter in the chest, according to the Boise County Coroner’s Office.
Mark Mahon, co-owner with his brother Joe Mahon of the Council-based logging company, said Menter was a well-trained veteran of the industry. The incident occurred during a particularly hot stretch of the summer and exhaustion toward the end of a shift may have been a factor, he said.
“We all know the risks when we get up in the morning and put our boots on. He was just trying to provide for his family,” Mark Mahon told the Statesman by phone. “It’s unfortunate. So what needs to be remembered is that he was a veteran of the armed services. He was a father, just a good, hardworking, honest man. He was a logger.”
He said the company won’t contest the fine or the incident’s designation as a serious violation — the most common infraction in fatal accidents, according to OSHA — in an effort just to move forward.
“Safety has been driven into our company from Day One,” Mahon said. “We have regular safety meetings, and these men were trained.”
The company does not plan to complete more work next year on the West Scriver Creek Stewardship timber project, he said.
Tom Mahon Logging provides safety improvement plan
OSHA required Tom Mahon Logging to respond with its safety improvement plan by this week, which has already happened, Kearns said. The fine must be paid by early January, he said.
Logging is consistently ranked among the most dangerous lines of work in the U.S. by the Centers for Disease Control and Prevention. The industry accounted for the nation’s second-highest rate of fatal injuries to workers, at about 69 deaths per 100,000 employees, according to a 2019 U.S. Bureau of Labor Statistics study, which is the most recent available.
Of Idaho’s 36 work-related deaths that year, 10 fell into the category of the agriculture, forestry, fishing and hunting industries.
OSHA conducts random, unannounced annual safety and health inspections of worksites as part of its proactive programs to prevent accidents. Follow-up inspections within a year are also often prioritized for companies that experience a fatality, Kearns said.
This story was originally published December 9, 2021 at 2:58 PM.
