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Cache Valley Electric v. WA Dept of Labor & Industries - Workplace Safety Penalties Partially Reversed

The Washington State Court of Appeals, Division III, granted the Washington State Department of Labor and Industries' motion for reconsideration, withdrew its opinion of March 12, 2026, and filed this replacement opinion. The court partly reversed and partly affirmed the Board of Industrial Insurance Appeals, upholding a $7,000 penalty against Cache Valley Electric for a serious safety violation where an employee brought a chainsaw within 12 inches of an energized 7,200-volt power line (well within the 27-inch minimum approach distance), and reinstating a $6,000 penalty for expired rubber protective blankets stored at the worksite. The court agreed with the Department that "used" should be construed to promote worker safety, meaning expired protective equipment made available at a worksite where energized work is performed constitutes a violation of WAC 296-45-255(7).