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Express Construction Co. v. Department of Labor & Industries

Wash. Ct. App.June 1, 2009No. No. 61569-6-ICited 14 times
Defendant WinExpress Construction Company$1,350 at issue
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Case Details

Judge(s)
Appelwick, Ellington, Lau
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 appellate court affirmed the Board's final order finding Express Construction Company violated WISHA trenching safety regulations by failing to discover and control recognized hazards at its job site, upholding the $1,350 penalty for failure to establish, supervise, and enforce a safe working environment.

What This Ruling Means

**Express Construction Co. v. Department of Labor & Industries** This case involved a workplace safety dispute at a construction site. Express Construction Company was cited by Washington's Department of Labor & Industries for violating safety regulations related to trenching work. The company had failed to properly identify and control known safety hazards at their job site, and did not establish adequate safety supervision and enforcement procedures to protect their workers. Express Construction challenged the citation and the $1,350 penalty, but the court ruled against them. The appellate court upheld the Department of Labor & Industries' decision, agreeing that the company had indeed violated Washington Industrial Safety and Health Act (WISHA) trenching safety regulations. The court confirmed that the company was responsible for the safety violations and must pay the penalty. This ruling matters for workers because it reinforces that employers have a legal duty to identify workplace hazards and take steps to protect their employees. Construction workers, particularly those doing trenching work, face serious risks from cave-ins and other hazards. This decision shows that safety agencies will hold employers accountable when they fail to maintain safe working conditions, and courts will back up those enforcement actions.

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

More Rulings in This Case

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