State considers appeal in death of ironworker in Quincy

Judge upholds one state finding, but vacates three others

OLYMPIA - The state Board of Industrial Insurance Appeals is reviewing a petition filed recently in the 2006 death of a Richland ironworker at Microsoft's data center job site in Quincy.

The petition was filed by the state Department of Labor and Industries, which issued four violations to The Erection Co. totaling $10,500. The Arlington-based company appealed the citation.

Jay Raish, an executive assistant with the state board, said the board started reviewing L&I's petition on May 20. The board has 180 days to issue a final decision and order, she said.

The violations stem from the death of Travis L. Watts, 31. He died after falling 30 feet while moving a large bundle of roof decking, said Elaine Fisher, a spokesperson with the state Department of Labor and Industries.

Watts reportedly had a fall harness attached to the bundle of roof decking and the bundle fell and took him down with it, Fischer said.

"What happened here is a judge proposed, 'here's what I think,'" Fischer said. "One of the things we can do is ask for the (state) Board of Industrial Insurance Appeals to review it, instead of just an administrative law judge."

L&I is appealing a proposed decision and order written by Judge Lynn Hendrickson, who upheld one L&I finding in the case about issues over walk-around safety inspections, but not the three other findings, Fischer said.

The company said it did conduct the walk-around inspections, but didn't have written proof, the proposed decision and order states.

Hendrickson wrote she wasn't convinced L&I proved The Erection Co. knew employees were tying off bundles and moving heavy objects.

Fisher said the other violations involved Watts not being safely secured to prevent him from falling and the company not having an adequate fall protection plan in place or tailored to meet the needs of the particular workplace.

Fisher said there are circumstances in which workers can use a heavy bundle as an anchorage point. The bundle can be used when it's supported by three weight-bearing points so there's no possibility it can fall, she said.

A field superintendent for The Erection Co. testified the bundle was safe on two bearing points. The placement of the roof bundle was safe and secure and noted the space being worked with, the superintendent testified.

An ironworker who was employed on the site two weeks before Watts' death testified that tying off to catenary lines on bundles during the project was "pretty common."