Key Points
- A worker named Carter suffered serious injuries and hospitalisation in 2021 when a trench caved in and buried him up to his neck during work on the Harborview Road and Birch Bay Drive Stormwater Improvements Project in Birch Bay, Washington.
- The Washington State Department of Labor and Industries fined Interwest Construction Inc. $48,000 and cited the company for a serious, willful safety violation under WAC 296-155-657(1)(a) over a failure to use proper protective excavation systems.
- The Washington Court of Appeals overturned an earlier administrative dismissal, restoring both the $48,000 fine and the willful violation against Interwest Construction Inc.
- Evidence showed the unreinforced trench measured between roughly 5 and 6 feet deep with no trench box, shield, or shoring, and Interwest foreperson Charles Hornbeck entered the excavation alongside the worker as the designated competent person.
- The appeals court dismissed Interwest’s unpreventable employee misconduct defense because the company’s own foreperson took part in breaking the safety rule.
Bellingham (Evening Washington News) August 25, 2026 — A Washington state appeals court has officially ruled that Interwest Construction Inc. committed a serious, willful violation of state worker protection laws following a hazardous 2021 trench collapse in Birch Bay that left a worker hospitalized.
As reported by journalists covering the legal and local crime beats for The Bellingham Herald, the recent appellate decision overturns prior challenges and reinstates a $48,000 fine originally levied by state regulators. The case centers on workplace safety standards, supervisory accountability, and the severe hazards associated with unprotected deep trench excavations in Whatcom County.
What Happened During the 2021 Birch Bay Trench Collapse?
According to court documents detailed in the legal proceedings, the incident occurred during work on the Harborview Road and Birch Bay Drive Stormwater Improvements Project, commonly referred to as the Birch Bay project. While workers were installing a storm pipe, dirt suddenly gave way from the trench wall, burying an employee named Carter up to his neck.
As documented in records reviewed by The Bellingham Herald, the victim testified that he stood roughly five feet ten inches tall, and on the day of the incident, the trench measured approximately “a foot to half a foot” above his head.
The worker stated that no manhole box, trench shield, or alternative protective support system was in place inside the excavation. Furthermore, the worker noted that he entered the trench only after Interwest foreperson Charles Hornbeck instructed him, stating, according to court records,
“You and me will hit this in really quick”.
The victim remained trapped in the trench for roughly five to ten minutes before the catastrophic cave-in occurred.
How Did the Department of Labor and Industries Investigate the Incident?
Following the emergency response and hospitalization of the worker, compliance inspectors from the Washington State Department of Labor and Industries (L&I) launched a formal investigation. An L&I compliance inspector, identified in court documents as Morder, inspected the Birch Bay project site two days after the accident.
As recorded by the appeals court summary, Morder conducted an opening conference with Interwest Safety Director Dave Hamacher, who acknowledged awareness that a cave-in had transpired during the installation of a storm pipe.
However, inspector Morder testified that investigating the exact site conditions proved challenging because the trench had already been backfilled and covered up prior to the inspection.
Despite these obstacles, L&I determined that employees had been exposed to extreme, unprotected cave-in hazards contrary to WAC 296-155-657, leading directly to the $48,000 fine and the willful safety citation.
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What Did Company Officials and Supervisors Testify?
During the administrative review hearings overseen by an Industrial Appeals Judge (IAJ) and later reviewed by the Board of Industrial Insurance Appeals, differing accounts of the trench depth and safety protocols were presented.
Interwest foreperson Charles Hornbeck testified that he served as the designated “competent person” on-site for the project, acknowledging that he had received formal safety training warning that trench collapses can prove fatal.
When questioned regarding the depth of the excavation, Hornbeck claimed that he remembered the trench being four feet deep or less. Hornbeck also testified that he was actively working inside the trench alongside the victim when the collapse happened.
On the subject of safety enforcement, Hornbeck maintained that both he and the injured worker functioned as on-site safety personnel for the shift, asserting that Interwest empowers all employees to take ownership of workplace safety.
Additionally, project superintendent Lukes testified that the company did indeed possess appropriate trench shoring equipment on-site for the duration of the Birch Bay project, including trench boxes, manhole boxes, and speed shoring systems. Despite having this equipment available, the gear was not utilized in the specific trench section where the collapse occurred.
Why Did the Appeals Court Reject the Company’s Defense?
Interwest Construction Inc. initially appealed the citation, arguing through legal counsel that substantial evidence failed to establish that the trench exceeded the four-foot depth threshold required to sustain a “willfulness” finding.
The company further contended that even if a willful violation were established, it should be legally excused under the unpreventable employee misconduct (UEM) defense.
However, the Washington Court of Appeals dismantled these arguments. Writing for the court, Judge Birk and the appellate panel pointed out that the evidence—including testimony regarding the victim’s height relative to the earth walls—amply demonstrated that the trench was four feet or deeper and lacked required shoring.
Crucially, the court ruled that Interwest was entirely barred from asserting a UEM defense.
The justices underscored that because Charles Hornbeck—the company’s designated “competent person” and on-site supervisor—was himself directly involved in entering the illegally unshored trench and exposing workers to mortal risk, management could not claim the violation was an isolated, unpreventable act by a rogue employee.
Consequently, the appellate ruling successfully reversed the prior dismissal, fully reinstating the original $48,000 penalty and cementing the legal precedent that supervisory complicity in safety shortcuts constitutes a willful violation of Washington state labor laws.
