Company Fined $7,800 in Logging Death of Winlock Teen
By Justyna Tomtas, The Chronicle, Centralia, Wash. | |
McClatchy-Tribune Information Services |
The total financial penalty for the two violations was
Bostwick, 18, was killed in the most recent logging casualty in
"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.
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.
The company was given until
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.
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
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
"In this case each violation was
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