SEATTLE — For the first time, prosecutors have filed felony charges against an employer in Washington for the death of a worker.
King County prosecutors charged Phillip Scott Numrich, the owner of Alki Construction, with second degree manslaughter and violating labor safety regulations with death resulting after a trench collapsed on Harold Felton while he was replacing a West Seattle side sewer in 2016.
According to charging documents, the trench was in the least stable type of soil and the shoring system to prevent a cave-in was "wholly inadequate."
A state health safety officer found Felton used a Sawzall in the trench, a vibrating tool that increased the risk of collapse.
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Prosecutors allege shortly before the cave-in, Numrich saw his employee using the Sawzall but "did not intervene" and left to buy lunch for the crew.
Numrich and his attorney declined comment.
According to court documents, Numrich started a new company called Alki Sewer.
Prosecutors worte in charging papers that "because his workplace safety measures were so grossly inadequate in this case, causing the death of the victim, his continued operation of a similar business puts other workers at risk."
"Trenching is something that's really very obvious, it's easy to take precautions," said Jay Herzmark of Safe Work Washington, who said he got 120 people to sign a letter to prosecutors requesting criminal charges.
"What's unique is that the prosecutor is going after this man," Herzmark said.
Labor and Industries officials confirm even misdemeanor charges are rare, and this is the first felony charge.
Originally, the state fined Alki Construction more than $50,000, but cut that fine in half after an appeal and a settlement.
Numrich is scheduled for arraignment January 18.
Cox Media Group
