BD Roofing, Inc. v. Department of Labor & Industries

¶1 — BD Roofing, Inc., appeals the Board of Industrial Insurance Appeals’ (Board) determination that the Department of Labor and Industries (Department) proved its prima facie case against BD for a repeat serious violation of failing to ensure that its employees use fall protection safety equipment. BD also claims that the Board erred in its conclusion that BD failed to prove effective enforcement of its safety program in practice, not just in theory, thus denying BD’s affirmative defense of employee misconduct for a serious violation of the Washington Industrial Safety and Health Act of 1973…