Legal Opinion

Mid Mountain Contractors, Inc. v. Department of Labor & Industries

Court of Appeals of Washington

Decided October 16, 2006No. 56999-6-IPublishedCited by 39 opinions

1Opinion of the Court

*3¶1 Washington Industrial Safety and Health Act of 1973 (WISHA), chapter 49.17 RCW, safety standards require employers to protect their employees working in excavations from cave-ins by use of adequate protection systems. A WISHA violation may occur where an employer fails to provide such a protective system and the employee has access to a cave-in hazard.1 Here, the record shows that employees of Mid Mountain Contractors, Inc., had access to a cave-in hazard. Accordingly, the Board of Industrial Insurance Appeals (BIIA) properly determined that Mid Mountain violated WISHA. We affirm.

Cox, J.

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2Cases cited5 opinions

  1. Cowiche Canyon Conservancy v. BosleyWashington Supreme Court · 1992
  2. Holland v. Boeing CompanyWashington Supreme Court · 1978
  3. Adkins v. ALUMINUM COMPANY OF AM.Washington Supreme Court · 1988
  4. International Ass'n of Fire Fighters, Local 46 v. City of EverettWashington Supreme Court · 2002
  5. Inland Foundry Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2001

3Cited by39 opinions

  1. J.E. Dunn Northwest, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2007
  2. JE Dunn Northwest, Inc. v. DEPT. OF LABOR & INDUSTRIESCourt of Appeals of Washington · 2007
  3. Erection Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2011
  4. Frank Coluccio Construction Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2014
  5. State v. LazcanoCourt of Appeals of Washington · 2015

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