Legal Opinion

Potelco, Inc. v. Department of Labor & Industries

Court of Appeals of Washington

Decided June 13, 2016No. 73226-9-IPublishedCited by 10 opinions

1Opinion of the CourtDwyer, J.

¶1 — Potelco, Inc., appeals two citations issued by the Department of Labor and Industries (Department) pursuant to the Washington Industrial Safety and Health Act of 19731 (WISHA). Because substantial evidence supports the Board of Industrial Insurance Appeals’ (Board) findings that Potelco failed to establish an equipotential zone, that this failure was not the result of unpreventable employee misconduct, and that Potelco failed to enforce its accident prevention program in a manner that was effective in practice, we affirm.

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¶2 Potelco is a utility contractor that installs and maintains…

2Cases cited15 opinions

  1. New York State Electric & Gas Corporation v. Secretary of Labor and Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 1996
  2. Washington Cedar & Supply Co. v. Department of LaborCourt of Appeals of Washington · 2004
  3. William E. Brock, Secretary of Labor v. The L.E. Myers Company, High Voltage Division, and Occupational Safety and Health Review CommissionCourt of Appeals for the Sixth Circuit · 1987
  4. J.E. Dunn Northwest, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2007
  5. JE Dunn Northwest, Inc. v. DEPT. OF LABOR & INDUSTRIESCourt of Appeals of Washington · 2007

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3Cited by10 opinions

  1. Bartell Drug Co./bartell Drug Co. 56, App v. Wa State Dept. Of L&i, RespCourt of Appeals of Washington · 2020
  2. Bayley Construction v. Department Of Labor & IndustriesCourt of Appeals of Washington · 2019
  3. Central Steel Inc., App-cross Resp V. Department Of Labor & Industries, Resp-cross AppCourt of Appeals of Washington · 2021
  4. Chinook Roofing & Gutters v. Department Of Labor & IndustriesCourt of Appeals of Washington · 2020
  5. Homeland Insurance Company of New York v. CentiMark CorporationDistrict Court, D. Oregon · 2021

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