SuperValu, Inc. v. Department of Labor & Industries

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Chambers, J.

We are asked to determine the parameters of Initiative 841 (1-841), an initiative that was passed by the voters in November 2003, concerning ergonomics1 regulations promulgated by the Washington State Department of Labor and Industries (L&I) in 2000. We hold that by its plain language, 1-841 did not eliminate L&I’s ability to enforce the “general duty clause” of the Washington Industrial Safety and Health Act of 1973 (WISHA), RCW 49.17.060(1), with respect to serious workplace hazards, even if there is an ergonomic element to them. Accordingly, we vacate the trial court’s order…