Aviation West Corp. v. Washington State Dep't of Labor and Industries

Five tobacco companies and three private employers brought an action against the Department of Labor and Industries, claiming that a regulation promulgated by the Department to control exposure to environmental tobacco smoke (ETS) within enclosed workplaces was invalidly adopted. The Court upheld the validity of the regulation, finding that the administrative record and testimony of Department officials provided the requisite rationale in support of the regulation. The Court further concluded that the Department fulfilled its statutory obligations and acted rationally when promulgating the regulation.  In reaching this conclusion, the Court noted that scientific certainty of a health risk is not needed to take regulatory action.


Aviation West Corporation, et al. v. Washington State Department of Labor and Industries, et al., 980 P.2d 701, 138 Wash.2d 413, Supreme Court of Washington (1999).

  • United States
  • Jul 8, 1999
  • Supreme Court of Washington



  • American Tobacco Company
  • Aviation West Corporation
  • Brown and Williamson Tobacco Corporation
  • Competition Specialties, Inc.
  • Computer Group, Inc.
  • Lorillard Tobacco Company
  • Philip Morris, Inc.
  • R.J. Reynolds Tobacco Company


  • Mark Brown, Director
  • Washington State Department of Labor and Industries

Legislation Cited

WISHA Environmental Tobacco Smoke (ETS) Regulation

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product