Appeals court reinstates safety violations against Washington roofer

A Washington State appeals court has reinstated workplace safety citations against a roofing contractor cited for failing to ensure workers had proper fall protection on the job.

The Court of Appeals of Washington on Tuesday reversed a lower court ruling that threw out citations by the state Department of Labor and Industries against Kent, Washington-based Three Tree Roofing Co. stemming from inspections in 2018 and 2019.

Safety inspectors said employees were observed wearing harnesses that were not connected to lifelines. The company’s owner claimed the employees were part of a “rogue crew” who had been written up for violations in the past but ignored company directives.

The company appealed to the Board of Industrial Insurance Appeals, arguing the violations stemmed from unpreventable employee misconduct, but the board upheld the citations.

A trial court reversed the board’s ruling, finding the company proved it had a valid safety program in place and that the violations were strictly due to employee misconduct. The labor department appealed that decision.

The appellate court reversed the trial court, ruling there was “substantial” evidence to support the board’s decision to uphold the citations and $10,500 fine.