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EXPRESS CONSTRUCTION CO. v. Department of Labor & Indus.

Wash. Ct. App.August 17, 2009No. 61569-6-I
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Case Details

Judge(s)
Appelwick
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 Board of Industrial Insurance Appeals' decision upholding a serious WISHA violation citation against Express Construction Company for failure to establish, supervise, and enforce a safe working environment involving a subcontractor's trenching hazard that resulted in a worker fatality.

What This Ruling Means

**Express Construction Co. v. Department of Labor & Industries** This case involved a workplace death at a construction site where Express Construction Company was the main contractor. A worker was killed in a trenching accident caused by unsafe conditions created by a subcontractor. The Washington State Department of Labor & Industries investigated and cited Express Construction for a serious safety violation under the Washington Industrial Safety and Health Act (WISHA). The company was found responsible for failing to establish, supervise, and enforce safe working conditions at the site, even though the dangerous trenching work was done by a subcontractor. Express Construction appealed the citation, but the court upheld the decision against them. The court agreed that the main contractor was responsible for overall site safety and should have prevented the hazardous conditions that led to the worker's death. **What this means for workers:** This ruling reinforces that main contractors cannot simply ignore safety violations by their subcontractors. When you work on a construction site with multiple companies involved, the main contractor has a legal duty to ensure all work is done safely. This provides additional protection for workers because it holds the company with the most control over the worksite accountable for everyone's safety.

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

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