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Mowat Construction Co. v. Department of Labor & Industries

Wash. Ct. App.February 23, 2009No. No. 60765-1-ICited 36 times
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Case Details

Judge(s)
Becker, Cox, Ellington
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 Washington Court of Appeals affirmed the Department of Labor & Industries' citation against Mowat Construction for failing to implement feasible noise controls to reduce employee exposure below 90 dBA, finding substantial evidence supported the Board's findings that operational changes were feasible and effective.

What This Ruling Means

**What Happened** Mowat Construction Company was cited by Washington's Department of Labor & Industries for exposing workers to dangerous noise levels above 90 decibels. The company failed to put in place practical noise controls to protect employees' hearing. Mowat Construction disagreed with the citation and challenged it in court, arguing that the required noise reduction measures weren't realistic or workable for their operations. **What the Court Decided** The Washington Court of Appeals sided with the Department of Labor & Industries. The court found there was strong evidence proving that Mowat Construction could have made operational changes to reduce harmful noise exposure for their workers. The appeals court upheld the original citation against the company. **Why This Matters for Workers** This ruling reinforces that employers must take concrete steps to protect workers from hearing damage caused by loud workplace noise. Companies cannot simply ignore feasible safety measures and claim they're too difficult to implement. When employers fail to control dangerous noise levels, workers can rely on labor departments to enforce safety standards. This decision strengthens workplace hearing protection requirements and shows courts will back up safety agencies when they cite employers for preventable hazards.

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

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