Judge rejects challenge to ergonomics rules

Business interests likely to appeal decision

Saturday, July 13, 2002

By PAUL NYHAN AND ANGELA GALLOWAY
SEATTLE POST-INTELLIGENCER REPORTERS

A judge rejected a challenge to Washington's ergonomics rules yesterday, ensuring that the state will remain at the forefront of the debate over how to address repetitive stress injuries at work.

The Department of Labor and Industries "was not arbitrary and capricious to conclude that the benefits of this rule would outweigh the cost," Thurston County Superior Court Judge Paula Casey said yesterday in her oral ruling.

The decision represents a setback for a coalition of employers seeking to repeal the regulations. The group claimed state regulators exceeded their authority, relied on insufficient evidence and failed to coordinate with other statutes.

Two years ago, the state adopted what are now some of the most comprehensive ergonomics rules in the nation, experts say. Only four months ago, Gov. Gary Locke upheld the rules, while granting businesses two more years to adjust.

"We believed that the rule was a solid rule when we adopted it and thought it would withstand a legal challenge," Labor and Industry's Director Gary Moore said.

Despite yesterday's ruling, the fight is far from over. Small-business interests are likely to appeal the decision.

"We hope a higher, wiser court will see, on appeal, all the dark ramifications of this regulation," said Carolyn Logue, director of the 17,000-member Washington Chapter of the National Federation of Independent Business.

Moore, however, said the rules also benefit business' bottom line.

The department receives 50,000 claims a year from injured workers, claims that cost employers more than $400 million.

Logue said the judge's decision was not an endorsement of the rules.

Organized labor officials welcomed the decision.

"Many of (each year's 50,000 workplace) injuries are preventable and we just felt that this is a long time due," Rick Bender, president of the Washington State Labor Council. "The reality is our (state) constitution is very, very strong that it's the states responsibility to provide a safe workplace for our employees."

This report includes information from The Associated Press.

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