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9 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR THURSTON COUNTY
10 WASHINGTON EMPLOYERS No. _________________
11 CONCERNED ABOUT REGULATING
ERGONOMICS, an unincorporated PETITION FOR REVIEW
12 association, ASSOCIATED BUILDERS &
13 CONTRACTORS OF WESTERN
WASHINGTON, a Washington not-for-
14 profit corporation, THE ASSOCIATION OF
WASHINGTON BUSINESS, a Washington
15 not-for-profit corporation, BAYLINER
MARINE CORP., a Delaware corporation,
16 THE BUILDING INDUSTRY
17 ASSOCIATION OF WASHINGTON, a
Washington not-for-profit corporation, THE
18 CHAMBER OF COMMERCE OF THE
UNITED STATES, a District of Columbia
19 corporation, CONTINENTAL MILLS, INC.,
a Washington corporation, ELLIOT
20 INSURANCE SERVICE, INC., a
21 Washington corporation, INDEPENDENT
BUSINESS ASSOCIATION, a Washington
22 not-for-profit corporation, MERIT
COMPANY, a Washington corporation,
23 MILNE FRUIT PRODUCTS, INC., a
Washington corporation, THE NATIONAL
24 ASSOCIATION OF MANUFACTURERS, a
25 New York not-for-profit corporation, THE
NATIONAL FEDERATION OF
26 INDEPENDENT BUSINESS, a Tennessee
not-for-profit corporation, NORTHWEST
PETITION FOR REVIEW - 1
STOEL
Seattle-3099033.1 0099999-00001 DRAFT: 10/18/2001 9:49 AM 600 University Street,
SNIPPETS:
WASHINGTON, a Washington not-for-WASHINGTON BUSINESS, a Washington
Washington not-for-profit corporation, THE
not-for-profit corporation, NORTHWEST
PETITION FOR REVIEW - 1
OLYMPIA/THURSTON COUNTY
PINNACLE MARKETING, INC., an Alaska corporation, REGISTER TAPE
FOOD INDUSTRY ASSOCIATION, a not-WASHINGTON GROWERS CLEARING
Ergonomics, Associated Builders & Contractors of Western Washington
Building Industry Association of Washington, the Chamber of Commerce of the
Chamber"), Continental Mills, Inc., Elliot Insurance
Milne Fruit Products, Inc., National Association of Manufacturers, National 10 Federation of
20 pursuant to RCW 34.05.570for an order vacating and declaring invalid WAC 296-62-051,
12 Department's regulatory authority, or an organization representing such employers.
WCLA has over 800 members in this state.
by WAC 296-62-05105.
zone jobs occur in all types and sizes of employers in Washington.
12 WMSD hazards or alternatively, the "physical risk factors" identified by the Department in
The evidence relied upon by the Department
16 pathology or specific causal factors related to the work environment.
other relevant laws in several regards,
12 Department's rule articulates no standard to distinguish a worker's WMSD (as defined by the
23 properly consider that evidence in its cost benefit analysis as required by RCW 34.05.328.
11 employment cause musculoskeletal disorders is not supported by valid scientific evidence.
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