Yakima fruit grower fined after 2 workers die in tractor rollovers a month apart
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December 7, 2023
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TUMWATER — A Yakima fruit grower and processor has been fined nearly $300,000 by the Washington State Department of Labor & Industries (L&I) after two orchard workers died in tractor rollovers almost exactly a month apart.
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The first fatality occurred May 7, when Borton & Sons employee Gilberto Padilla was driving a tractor on a county road between orchards when the front counterweights used to stabilize the tractor fell off. Padilla apparently drove over the weights, causing the tractor to roll.
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The Roll Over Protection Structure (ROPS) on the tractor was not up at the time and Padilla was not wearing a seatbelt. ROPS are metal bars (i.e., rollbars), frames, or crush proof cabs on farm equipment designed to prevent an operator from being crushed by the tractor in the event of a rollover.
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After the May fatality, L&I directed Borton & Sons supervisors to ensure that tractor drivers use ROPS and wear seat belts.
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Just one month later, on June 8, L&I received a report of another tractor rollover fatality at Borton & Sons. Oscar Rodriguez-Olivera was applying calcium to an orchard using a tow-behind sprayer attached to his tractor. Witnesses said he was traveling down a slope when he made a sharp left turn and rolled. The ROPS was not up on the tractor and Rodriquez-Olivera was not wearing a seat belt.
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“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.”
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L&I cited Borton & Sons for five willful serious violations for the two incidents, citing them for the failure to use ROPS and seat belts, and for changing the scene of the June 8 accident before the inspection began. The agency classified the violations as “willful” because the company knew or should have known the requirements, but still failed to meet them. L&I also cited the violations as “serious” because the issues could, and in this case did, lead to serious injury or death.
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The combined fine is $290,000. The company is appealing both cases.
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Safety records and more available to the public
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At ProtectMyHome.net, consumers can easily check a company’s safety record as well as its registration, licensing, insurance, and other information. To see specific details of citations and fines, scroll down to the Workplace Safety & Health section and click on the hyperlinked inspection number.
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https://www.lni.wa.gov/news-events/article/23-032
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