Company Fined $7,800 in Logging Death of Winlock Teen

Oct. 14--An investigation into the death of 18-year-old Winlock man Cole Bostwick was recently completed by the Washington State Department of Labor & Industries, resulting in two violations and $7,800 in fines for a local logging business.

The total financial penalty for the two violations was $7,800 for ENB Logging & Construction, with each assessed at $3,900.

Bostwick, 18, was killed in the most recent logging casualty in Lewis County on May 21 while working with a crew that included his father. He was accidentally crushed by a carriage that was lowered when he was setting chokers, killing him instantly. The accident occurred on Green Diamond property off of Pe Ell-McDonald Road.

Tim Bostwick, Cole's father, said he did not want to "make waves" by commenting on the situation, since he is currently receiving L&I compensation from the company.

"I would really like to comment on the situation, but you know, I'm kind of bound not to for the simple fact that I'm still employed by them," he said.

Bostwick was at the site when the carriage fell on his son and was the first at his side. He said the accident made him decide that he would never log again.

Lewis County currently leads the state in logging deaths with four this year.

The representative at ENB Logging & Construction dealing with the appeal was not available for comment on Monday.

The first violation came after an investigation found the company's accident prevention program "was not tailored to the needs of the operations." The potential hazards of using a drift carriage and a motorized carriage were not explained or addressed, according to L&I.

Elaine Fischer, a spokeswoman for L&I, said the difference in the hazards of each carriage, as well as the ways to address preventing an accident, needed to be specifically addressed by the employer.

The company was given until Oct. 19 to correct the violation.

The second violation stated the employer did not make sure Bostwick was in the clear when the Danebo drift carriage was lowered for slack.

"The potential for serious bodily injury up to and including death could result from being struck by the drift carriage," stated the citation and notice of assessment.

The citation and notice of assessment said if the violation is discovered again during future inspections that further penalties may be included.

Constance Bryant, the corporate secretary for ENB Logging & Construction, sent a notice of appeal on Oct. 6, stating "the violations and penalties associated with them are being appealed."

Fischer said most appeals are handled in a special L&I program where hearing officers hold a conference and hear the reasons of the appeal. Depending on the hearing, the officer can chose whether or not to modify, reduce or vacate the violations. The process can also lead to negotiated settlements.

The process typically lasts 30 to 45 days.

According to Fischer, 2012 numbers showed that 25 percent of violations with at least one violation were appealed.

If the employer is not satisfied with the conclusion, they are able to appeal the hearing officer's decision to the State Board of Industrial Insurance Appeals.

She stated there were no numbers available for how often a second appeal is filed; however, she did say the number is "pretty small."

Fischer said L&I's penalties are established by law, so a penalty for a violation would be the same whether it involved an injury or a fatality.

The violation type is determined based on the probability of injury, the severity of possible injuries and other factors such as the employer's past compliance history and size of the employer.

She said the maximum amount for a serious violation is $7,000.

"In this case each violation was $3,900 for a total of $7,800, so with a $7,000 maximum, $3,900 tells you that it's significant," Fischer said.

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