Washington L&I Fines Orchard Company Following Two Worker Deaths
Borton & Sons faces $290,000 in proposed penalties for the violations.
- By Robert Yaniz Jr.
- Dec 12, 2023
Borton & Sons—a fruit grower and processor based in Yakima, Washington—has been fined $290,000 by the Washington State Department of Labor & Industries (L&I) after two employees suffered fatal injuries in separate tractor rollover accidents within a month.
According to a release dated Dec. 7, the first incident occurred on May 7, 2023, and resulted in the death of Gilberto Padilla. While driving a tractor between orchards, the front counterweights used to stabilize the tractor fell off after Padilla apparently drove over the weights, causing the tractor to roll. The tractor’s Roll Over Protection Structure (ROPS), a critical safety feature, was not in use, and Padilla was not secured by a seatbelt.
Following this incident, L&I instructed Borton & Sons to enforce the usage of ROPS and seat belts. Despite this directive, another worker, Oscar Rodriguez-Olivera, died in a similar rollover incident on June 8, 2023. Once again, the tractor lacked an engaged ROPS, and the driver was without a seatbelt.
“Using a rollover protection bar and seat belt is such a simple way to save workers’ lives. These incidents should not happen,” said Craig Blackwood, assistant director for L&I’s Division of Occupational Safety and Health. “Orchard owners have the responsibility to make sure workers use safety systems. If Borton & Sons had been vigilant, these workers might be alive today.”
The company received five willful serious violations related to the fatalities for not implementing ROPS and seat belts and for altering the June accident scene before inspection. The term "willful" implies the company was aware of safety requirements but failed to comply. The violations are classified "serious" due to their potential and actual severe consequences.
Borton & Sons is currently appealing the citations relating to both cases.
About the Author
Robert Yaniz Jr. is the Content Editor of Occupational Health & Safety.