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BD ROOFING, INC. v. STATE DOL AND INDUSTRIES

No. 34886-1-II.

161 P.3d 387 (2007)

BD ROOFING, INC., Appellant, v. WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 2.

April 24, 2007.

Attorney(s) appearing for the Case

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

Bourtai Hargrove, Attorney at Law, Olympia, WA, for Respondent.

VAN DEREN, J.

¶ 1 BD Roofing, Inc. (BD) appeals the Board of Industrial Insurance Appeals' (Board) determination that the Department of Labor and Industries (Department) proved its prima facie case against BD for a repeat serious violation of failing to ensure that its employees use fall protection safety equipment. BD also claims that the Board erred in its conclusion that BD failed to prove effective enforcement of its safety program in practice, not just in...

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