Cobra Roofing Services, Inc. v. Department of Labor & Industries

**What Happened** Cobra Roofing Services challenged the Washington Department of Labor & Industries after being cited for a repeat workplace safety violation. The company disputed the citation and also sought to recover their attorney fees under the Equal Access to Justice Act, which sometimes allows parties to get their legal costs paid when they win cases against government agencies. **What the Court Decided** The Washington Supreme Court sided with the Department of Labor on the main issue, confirming that Cobra Roofing had indeed committed a repeat safety violation. However, the court ruled that companies cannot use the Equal Access to Justice Act to recover attorney fees in workplace safety cases, whether appealing to the Board of Industrial Insurance Appeals or to superior court. **Why This Matters for Workers** This ruling strengthens workplace safety enforcement by upholding the state's authority to cite companies for repeat violations. It also means employers are less likely to challenge legitimate safety citations since they cannot recover their legal costs even if they win. This creates a financial disincentive for frivolous appeals, potentially leading to faster resolution of safety issues and better protection for workers on the job.