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MOWAT CONST. CO. v. DEPARTMENT OF LABOR AND INDUSTRIES

No. 60765-1-I.

201 P.3d 407 (2009)

MOWAT CONSTRUCTION COMPANY, Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, Respondent.

Court of Appeals of Washington, Division 1.

February 23, 2009.

Attorney(s) appearing for the Case

Aaron Kazuo Owada, AMS Law PC, Lacey, WA, for Appellant.

John R. Wasberg, Office of the Attorney General, Seattle, WA, Bourtai Hargrove, Attorney at Law, Olympia, WA, for Respondent.

BECKER, J.

¶ 1 The Department of Labor and Industries cited Mowat Construction Company for allowing employee noise exposure at a project site above the freeway to exceed permissible levels. Mowat contends the Department did not prove there were feasible engineering controls to reduce the noise. Mowat also argues that the employees' use of earplugs reduced the risk so as to take the violation out of the "serious" category...

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