LANGUAGE

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.