ALJ Decision in Asplundh Tree Expert, LLC OSHRC Docket No. 21-0497, Becomes a Final Order of the Commission.
On November 2, 2020, Asplundh Tree Expert, LLC (“Respondent”) performed tree-trimming services at a jobsite located at 1777 CR 241, New Castle, Colorado (“worksite” or “site”). On that date, three of Respondent’s employees, [Redacted] (‘[Redacted]”), [Redacted] (“[Redacted]”), and James Haynes (“Haynes”), the crew foreman, entered the worksite in order to perform tree-trimming services. (Ex. C-10). As part of these tree-trimming services, the crew was tasked with removing the top portions of several large cottonwood trees. (Ex. C-10). In order to remove a top portion of one of the trees, crewman [Redacted] ascended the tree. (Ex. C-10). After [Redacted] proceeded to cut the top portion of the tree, it broke off and fell in an unattended direction striking the branch [Redacted] was standing on. (Ex. C-10). This caused [Redacted] to fall to the ground, suffering severe injuries. (Tr. 332; Ex. C-10). Respondent notified the Occupational Safety and Health Administration (“OSHA”). (Tr. 220-22). OSHA’s Denver, Colorado, Area Office initiated an investigation after the notification. (Tr. 216-17, 220-22).
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