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LASER UNDERGROUND & EARTHWORKS, INC. v. DOL & INDUS.

No. 55708-4-I.

153 P.3d 197 (2006)

131 Wash.App. 1056

132 Wash.App. 274

LASER UNDERGROUND & EARTHWORKS, INC., Appellant, v. WASHINGTON STATE DEPARTMENT OF LABOR & INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 1.

March 6, 2006.

Attorney(s) appearing for the Case

Aaron Kazuo Owada, Northcraft Bigby & Owada PC, Seattle, WA, for Appellant.

Matthew Emmett Lund, Attorney General of Washington, Seattle, WA, for Respondent.

ELLINGTON, GROSSE, and AGID, JJ.

PER CURIAM.

¶ 1 The Department of Labor and Industries cited Laser Underground & Earthworks, Inc. for failing to comply with safety regulations. The Board of Industrial Insurance Appeals and the superior court upheld one citation against the employer for failing to protect employees from possible cave-in hazards in trenches. Laser appeals, arguing that the regulation, WAC 296-155-657(1)(a), does not apply under the facts here. We disagree, and affirm.

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