Asplundh Tree Expert Co. v. Department of Labor & Industries

**What Happened:** Asplundh Tree Expert Company, a tree service business, was cited by Washington's Department of Labor & Industries for safety violations during logging operations. The company challenged this citation, arguing that the department had applied the wrong safety regulations to their work and that any violations were due to unpreventable employee misconduct rather than company negligence. **What the Court Decided:** The Washington Court of Appeals sided with the Department of Labor & Industries, upholding the original safety citation against Asplundh. The court rejected the company's arguments about which regulations should apply to their logging work. More importantly, the court found that Asplundh had waived its right to claim that employee misconduct caused the safety violations, meaning the company couldn't blame workers for the problems. **Why This Matters for Workers:** This ruling reinforces that employers cannot easily escape responsibility for workplace safety violations by blaming their employees. When companies fail to follow proper procedures in challenging safety citations, they lose the ability to shift blame to workers. This decision strengthens worker protections by holding employers accountable for maintaining safe working conditions, particularly in dangerous industries like tree service and logging.