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SUPERVALU, INC. v. DEPARTMENT OF LABOR

No. 76527-8.

144 P.3d 1160 (2006)

SUPERVALU, INC., Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES OF the STATE OF WASHINGTON, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 19, 2006.

Attorney(s) appearing for the Case

Michael King Hall, William Berggren Collins, Attorney General's Office, Olympia, for Petitioner.

Aaron Kazuo Owada, Martin Daniel McLean, Law Offices of Aaron Owada and AMS Consu, Lacey, for Respondent.

James Merle Thomas, Williams Kastner & Gibbs, Seattle, for Amicus Curiae Associated General Contractors of Wash.

Timothy M. Harris, Building Industry Assoc. of Wash. State, Olympia, for Amicus Curiae Building Industry Ass'n of Wash.

CHAMBERS, J.

¶ 1 We are asked to determine the parameters of Initiative 841 (I-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, I-841 did not eliminate L & I's ability to enforce the "general duty clause," of Washington's Industrial Safety and Health...

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