Employer of WA teen who lost legs in 2023 work accident wins $44M deal

Port of Longview commissioners voted 2-1 Wednesday to award a $44 million rail expansion contract to Rotschy Inc. to the ire of an overflow crowd of union workers.

The Vancouver, Wash.-based construction company was the lowest of five bidders on the multimillion-dollar project to at least double the Port’s rail capacity. But laborers who filled every seat in the auditorium voiced concerns that the low bids are coming at the cost of worker safety.

Local union leaders at the meeting highlighted a Washington State Department of Labor and Industries investigation into child labor and worker safety violations that stemmed from a 16-year-old boy losing his legs while working a job in La Center, Clark County. The teen was operating a walk-behind trencher in June 2023 when he was dragged underneath, according to a release issued by L&I last year.

Parked outside the Port of Longview administrative offices was a yellow pickup emblazoned with the words “Rat Tracker” and the International Union of Operating Engineers Local 701 logo. Inside its bed was an inflated pig and a sign stating “Shame on Rotschy for violating child labor laws and injuring children.”

An emailed request to Rotschy for comment made Wednesday was not returned.

Port of Longview staff said at the meeting that Rotschy had complied with all due diligence. The project was put out for bid with an engineer’s estimate putting the project at $51.6 million.

Bill Burton, Port of Longview’s director of facilities and engineering, told the board at the special meeting Wednesday morning that Rotschy completed all requirements as the lowest bidder of the construction project.

Rotschy submitted documentation and information “aimed at demonstrating the contractor’s ability to perform key elements of work in the project’s scope,” according to Burton’s briefing in Wednesday’s meeting agenda. Port staff determined that Rotschy “is a responsible bidder and that their bid is responsive,” according to the briefing.

Throw out the bids?

Burton told commissioners that his staff had been working on the project to expand the Port’s rail capacity from two to four lanes for about four years. The expansion would also give the Port the opportunity to expand down the line.

The project involves building an embankment with room for as many as eight lines, along with associated infrastructure, lighting, track operation systems, lighting, stormwater conveyance and treatment facilities.

Before the vote, commissioner Evan Jones made a motion to “throw out all bids and send the project up for rebid after review of our bid criteria.” Commissioners Allan Erickson and Jeff Wilson sat silent.

“I don’t hear a second for that motion,” Erickson said. “The motion dies.”

State fines

According to L&I, the investigation into the 16-year-old’s injury resulted in a $156,259 fine for letting workers operate equipment without training or experience. It classified the violation as “Willful Serious.”

A follow-up investigation in early 2024 resulted in an additional $51,800 in fines after finding that Rotschy let seven minors operate earth-moving equipment or let them work dangerously close to the machines on 35 occasions, according to an L&I news release. It further notes 11 minors were denied meal breaks in 45 incidents, and the company worked eight young workers for more hours during a school day than state law allows more than 150 times.

Port of Longview’s special counsel Tom Larkin told the board that the next two bidders also had recent L&I violations.

He told the board that the project was led under Washington public procurement statutes. No prebid protests were issued related to the specifications.

Commissioner Erickson asked whether counsel was questioned regarding the lowest bidder’s past safety violations. Larkin said that a search of the three lowest bidders on the L&I website found all had safety violations.

“The difference is the number in severity and so forth,” Larkin said.

The reveal drew scoffs in the audience, with one person in the audience asking if anyone had lost legs from the violations.

Commissioners Erickson and Wilson voted aye to award the contract. Jones voiced the sole opposing vote.

After the vote, Jones pledged to keep a close watch for safety violations as the construction project moves forward.

“To the folks here from Rotschy, I’m watching you,” Jones said.