WISHA Litigation – Repeat Violations

On June 1, 2006, the Washington State Supreme Court issued a significant decision concerning WISHA’s burden of proof to cite for a “repeated” violation as well as an Employer’s ability to recover attorney fees in WISHA litigation. The case involved fall protection violations of Cobra Roofing Services, Inc (“Cobra”). A number of construction industry groups, including AGC and ABC, filed supplemental briefs in the case.

The issues were: (1) whether Cobra Roofing’s fall protection citation was properly classified as a “repeat” violation and, therefore enhanced penalties were appropriate? and (2) whether attorney’s fees under the Equal Access to Justice Act (EAJA) are available in proceedings before the Washington Board of Industrial Insurance Appeals, Superior Courts, the Court of Appeals and Supreme Court. Read more >>