Bayne v. Todd Shipyards Corp.

568 P.2d 771 (1977)

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Nature of the Case

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Facts

P sued for personal injuries from unloading goods being delivered to D's premises. P was an employee of the trucking company engaged in the delivery. P fell from a loading platform. P contends that D's loading platform lacked a guardrail required by a safety standard regulation promulgated by the Department of Labor and Industries, pursuant to statute. The trial court refused to instruct that violation of that administrative regulation was negligence per se but did instruct that it was evidence of negligence. D got the verdict. P appealed. The Court of Appeals affirmed. P appealed again. The statute imposed a duty upon the Director of Labor and Industries to promulgate safety regulations to furnish workers a place of work which is as safe as is reasonable and practicable under the circumstances, surroundings, and conditions. The Director of Labor and Industries adopted WAC 296-25-515: (1) All elevated walks, runways or platforms, except on loading or unloading sides of platforms, if four feet or more from the floor level, shall be provided with a standard railing on platforms. If the height exceeds six feet, a toe-board shall be provided, to prevent material from rolling or falling off.