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MOWAT CONST. CO. v. Department of Labor and Industries

Wash. Ct. App.February 23, 2009No. 60765-1-ICited 35 times
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Case Details

Judge(s)
Becker
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Court of Appeals affirmed the Department of Labor and Industries' citation against Mowat Construction for serious violation of noise exposure standards, finding substantial evidence supported that feasible controls were available to reduce employee noise exposure below the 90 dBA limit.

What This Ruling Means

**Mowat Construction Company v. Department of Labor and Industries** This case involved a dispute over workplace noise safety standards. Washington's Department of Labor and Industries cited Mowat Construction Company for a serious violation after finding that the company's workers were exposed to dangerous noise levels above 90 decibels. The department determined that Mowat failed to use available methods to protect workers from harmful noise exposure. Mowat Construction challenged this citation in court, arguing that the violation citation was unfair or incorrect. However, the Court of Appeals sided with the Department of Labor and Industries. The court found there was substantial evidence showing that practical solutions existed to reduce worker noise exposure below the legal 90-decibel limit, but the company had not implemented them. **What This Means for Workers:** This ruling reinforces that employers must actively protect workers from dangerous noise levels in the workplace. Companies cannot simply ignore available safety measures when workers are exposed to harmful noise. The decision strengthens enforcement of workplace noise standards and confirms that state labor departments have the authority to cite employers who fail to implement feasible noise control measures, helping protect workers' hearing and long-term health.

This summary was generated to explain the ruling in plain English and is not legal advice.

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