Outcome
The Court of Appeals affirmed the Department of Labor & Industries' citation against Asplundh Tree Expert Company for logging safety violations. Asplundh was found subject to logging regulations requiring calked boots and proper distance between felling workers, and waived its right to assert an unpreventable employee misconduct defense.
What This Ruling Means
**Tree Company Fined for Safety Violations**
This case involved Asplundh Tree Expert Company, which was cited by Washington's Department of Labor & Industries for violating logging safety rules. The company had failed to ensure workers wore proper calked boots (special boots with spikes for traction) and maintain safe distances between workers during tree-felling operations.
Asplundh challenged the citation, arguing they shouldn't be held responsible for their employees' safety violations. The company tried to claim the violations were due to unpreventable employee misconduct that was beyond their control. However, the Court of Appeals sided with the Department of Labor & Industries, upholding the citation and the $540 fine against the company.
The court found that Asplundh was indeed subject to logging safety regulations and had waived their right to use the employee misconduct defense, meaning they couldn't escape responsibility by blaming their workers.
**What This Means for Workers:** This ruling reinforces that employers in dangerous industries like logging must follow strict safety rules and cannot easily shift blame to workers when safety violations occur. It shows that state safety agencies have real authority to enforce workplace protections, even when companies try to fight the citations in court.
This summary was generated to explain the ruling in plain English and is not legal advice.
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This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.