State court backs ergonomics rules

A 2003 initiative that repealed the state's workplace-ergonomics rules doesn't mean the state can't protect workers under existing state law, Washington's Supreme Court has ruled.

In an 8-1 ruling Thursday, the court said Initiative 841 repealed only the specific ergonomics rules put forth by the Department of Labor & Industries in 2000, and that prior to those rules, the state addressed ergonomics-related hazards under the general-duty clause of Washington's Industrial Safety and Health Act.

"Nothing in I-841 suggests that L&I is stripped of its general regulatory authority to address serious or deadly ergonomics-related workplace hazards" under state law, said Justice Tom Chambers, writing for the majority.

The high court threw out a Pierce County trial court's order quashing L&I's attempt to enforce a subpoena against SuperValu Holdings, a company that distributes groceries and products to independent grocery stores throughout the Northwest. The case was returned to the lower court.

In his dissent, Justice Richard Sanders said the majority undermined the voters' intent.

Attorneys for SuperValu did not return a phone call seeking comment.

L&I received a complaint in December 2003 from an employee at SuperValu's Tacoma distribution center concerning an alleged injury from stepping on pallets.

L&I contacted the company and asked for a report on whether any hazards existed at the site. After a state officer inspected the warehouse, L&I requested additional material, and SuperValu objected.

In April 2004, L&I issued a subpoena for SuperValu to provide written information on its programs to prevent musculoskeletal disorders, injuries, or illness.

SuperValu argued that the voters' intent in I-841 was to bar L&I from performing inspections and issuing citations with regard to any musculoskeletal injury related to an ergonomics hazard.