WA safety agency seeks felony charges after teen worker loses legs

The workplace-safety enforcement agency has asked the Clark County Prosecuting Attorney’s Office to investigate and prosecute Vancouver-based Rotschy Inc. after state officials concluded the company had broken youth labor laws, resulting in the permanent disability of a minor, according to a letter dated March 7, 2025. 

Bryan Templeton, L&I’s employment standards program manager, wrote in the letter that Rotschy had a history of youth labor violations and workplace injuries. He also alleged the company had allowed the teen worker to operate dangerous, prohibited machinery without supervision at the time he suffered his injuries. 

“No one should ever have something like this happen to them at work,” Templeton said in a statement to Cascade PBS. “It’s especially tragic when it involves a teenager performing duties well outside of what is allowed by law. Employers bear the ultimate responsibility for keeping their workers safe — regardless of age.” 

The teen worker, participating in a school work program, had been digging a trench for a new fence using a type of machine the law prohibits minors from ever using. When he stopped to check his progress, the ground gave way, dragging his legs underneath the still-running machine. Medics airlifted him to a Portland hospital where he underwent emergency surgery. 

This story is part of Cascade PBS’s WA Workplace Watch, an investigative project covering worker safety and labor in Washington state.

An October 2024 Cascade PBS investigation detailed the teen’s recovery as well as failures to enforce safety protocols required by school work-for-credit programs. That reporting also found L&I had repeatedly issued Rotschy “student learner variances” to allow teen employees to perform some risky tasks despite the company’s history of safety issues. 

In the months after his injury, the teen returned to work at Rotschy in an office job and his family has maintained the company did not cause the incident or bear responsibility for it. 

“It is still the family’s belief that this was simply an accident that could have happened to anyone at any time,” the family told Cascade PBS this week in a statement. 

When reached for comment, Nick Massie, a manager for Rotschy, indicated he was unaware that L&I had requested criminal charges and declined to comment further. 

As part of its referral for potential charges, L&I provided Clark County with at least 170 pages of investigative materials on the incident and other labor violations. The workplace-safety agency previously issued Rotschy $208,059 in health and safety fines over the teen’s injuries as well as violations for allowing more than half a dozen youth workers to perform prohibitive tasks or work beyond allowable hours on at least 200 occasions. 

“Based on the previous engagements with [L&I] and past violations and education from 2019 through present, Rotschy should have reasonably known the requirements,” Templeton wrote in the March 7 letter accompanying L&I’s investigation file, which contained copies of the agency’s past inspections into the company.  

The letter listed two other workplace injuries involving a minor, both in 2019, that occurred on different Rotschy construction sites. One led to $25,950 in fines for working minors more hours than the law permits.

L&I recently adopted new internal guidelines for checking the safety history of companies before issuing “variances” to allow student workers to perform restricted jobs or tasks. 

State lawmakers also recently passed new youth labor protections that bar companies with multiple serious safety violations from hiring teen workers and require worksite inspections before issuing minor work permits. House Bill 1644, which now awaits the governor’s signature, also sets new minimum penalties for youth labor violations. 

A prime sponsor of the bill, Rep. Mary Fosse, D-Everett, wrote in a text that the Rotschy case underscored the need for strong safeguards. 

“No parent should have to live with the anxiety of their child going to work and facing the risk of serious injuries,” Fosse wrote. “Regardless of the outcome of this case, our commitment remains unwavering: we will do everything in our power to protect our youth in the workplace.”

L&I data shows that workers’ compensation injury claims from minors jumped 60% from 2009 to 2023. In that same period, employment among 16-19-year-olds grew 38%, Bureau of Labor Statistics data shows. About a third of all Washington residents in that age group hold jobs.

“Our youth need to know that their safety is our foremost concern while they are on the job,” Fosse wrote. “Gaining work experience is vital for their future success, but it is our job to ensure employers keep them safe.”  

In the referral for charges, L&I officials did not name any individuals, such as Rotschy’s owners or crew supervisors, as personally culpable. 

“That aspect of the charging decision will be up to the prosecuting attorney. L&I made no recommendation,” L&I spokesperson Jeff Mayor wrote in an email. 

Mayor confirmed that the referral marks L&I’s first use of RCW 49.12.410(2), a statute enacted over three decades ago, which allows prosecutors to pursue class C felony charges – punishable by up to five years in prison and/or a $10,000 fine.

“State law creates a criminal penalty when a violation of child labor law leads to a death or permanent disability,” Templeton wrote in an email. “It’s rare, but given the circumstances we felt the referral was appropriate.” 

Ultimately, it’s up to Clark County Prosecutor Tony Golik to decide whether to file charges. 

Erik Podhora, a senior deputy prosecuting attorney with Clark County, told Cascade PBS he has reviewed the files provided by L&I. He could not offer a timeline for any charging decision.

“However, after an initial review it is apparent that we need to refer this to a law enforcement agency for follow up investigation into potential criminal liability,” Podhora wrote. “As a result, I plan to forward the materials provided to the Clark County Sheriff's Office.”