Worker Loses Legs to Trenching Machine; $150K Fine for Washington Contractor

A 16-year-old boy was using a walk-behind trencher on a job site in La Center, Washington to dig a channel for fence posts over the summer when he was dragged underneath the blade, causing injuries so severe that he lost both legs to amputation according to a safety investigation by the Washington State Department of Labor & Industries.

L&I cited and fined the company he worked for in connection with the incident. Rotschy LLC, the Vancouver construction company that sent him to operate the machine reportedly without supervision or adequate safety measures is facing more than $150,000 in fines.

The young worker was reportedly participating in a work-based learning program that allows students to earn credit and gain experience working outside the classroom. Washington’s youth employment laws identify prohibited duties for workers under 18 years old. Rotschy had a student learner exemption permitting minors to do some work that is otherwise prohibited, but use of the walk-behind trencher was not part of the exemption, according to L&I

L&I issued an order of immediate restraint to stop work and suspended the student learner exemption following the incident.

L&I’s safety & health division has fined the company $156,259 — the maximum — for allowing employees to operate equipment without appropriate training or experience. The violation is considered “willful” because the company knew or should have known the requirements, but still failed to meet them. It’s also classified as “serious” because the issues led to serious injury or death.

Rotschy is facing further investigation from L&I’s Youth Employment Safety Unit, which oversees hiring requirements, prohibited duties, and hours young workers may work. The investigation could lead to additional fines and restrictions on the company’s ability to employ minor workers and participate in work-based learner programs.

Topics Washington Contractors