Supreme Court Hears Ergonomics Dispute Over Scope of Initiative 841
Washington voters in 2003 approved Initiative 841, which repealed workplace ergonomics rules issued by the Department of Labor & Industries (L&I). The AGC and other industry organizations were heavily involved in the campaign.
Last week, the Supreme Court took up the issue of how far I-841 went. In this case, (SuperValu Holdings, Inc. v. Dep’t of Labor & Industries), L&I issued an investigative subpoena to an employer to examine possible ergonomic-related injuries. The employer moved to quash the subpoena, arguing that I-841 had stripped L&I of authority in this field. The trial court agreed and quashed the subpoena.
On direct appeal to the Supreme Court, L&I maintains it still has the authority under the "general duty" clause of RCW 49.17.060(1) to investigate and regulate ergonomic injury because Initiative 841 merely repealed a specific set of rules, not the concept of ergonomic workplace injury itself. The employer (with AGC as an amicus) contend the scope of Initiative 841 was broader and reflected the voters' conclusion that ergonomics was itself not fit for regulation at this time. A decision is expected within three months and, based on the nature of the questions from the bench, it appears the Court is sharply divided.