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MID MOUNTAIN CONTRACTORS v. DEPT. OF LABOR

No. 56999-6-I.

146 P.3d 1212 (2006)

MID MOUNTAIN CONTRACTORS, INC., Appellant, v. WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered and as Modified November 15, 2006.

Attorney(s) appearing for the Case

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

Michael King Hall, Office of the Atty General, Beth A. Hoffman, WA Attorney General's Office, Olympia, WA, for Respondent.

COX, J.

¶ 1 Washington Industrial Safety and Health Act ("WISHA") 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...

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