Legal Opinion
Mowat Construction Co. v. Department of Labor & Industries
Court of Appeals of Washington
Decided February 23, 2009No. 60765-1-IPublishedCited by 21 opinions
1Opinion of the CourtBecker, J.
¶1 The Department of Labor and Industries (Department) cited Mowat Construction Company for allowing employee noise exposure at a project site above the freeway to exceed permissible levels. Mowat contends the Department did not prove there were feasible engineering controls to reduce the noise. Mowat also argues that the employees’ use of earplugs reduced the risk so as to take the violation out of the “serious” category. We affirm.
¶2 Mowat Construction’s project was to erect a cement sound wall above Interstate 5 in Seattle in the Capitol Hill area. The purpose of the wall was to reduce the…
2Cases cited7 opinions
- Lee Way Motor Freight, Inc. v. Secretary of LaborCourt of Appeals for the Tenth Circuit · 1975
- J.E. Dunn Northwest, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2007
- JE Dunn Northwest, Inc. v. DEPT. OF LABOR & INDUSTRIESCourt of Appeals of Washington · 2007
- Lee Cook Trucking & Logging v. Department of Labor & IndustriesCourt of Appeals of Washington · 2001
- SuperValu, Inc. v. Department of LaborWashington Supreme Court · 2006
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Frank Coluccio Construction Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2014
- Potelco, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2016
- 1 Up Floors Llc v. Department Of Labor & IndustriesCourt of Appeals of Washington · 2020
- Bayley Construction v. Department Of Labor & IndustriesCourt of Appeals of Washington · 2019
- Chinook Roofing & Gutters v. Department Of Labor & IndustriesCourt of Appeals of Washington · 2020
16 more not listed; retrieve them via the Exa API.