SEATTLE (Legal Newsline) — Amazon is challenging the State of Washington's Industrial Safety and Health Act after facing allegations of ergonomic hazards at its facility in Kent.
Amazon.Com Services LLC filed a complaint Oct. 3 in the U.S. District Court for the Western District of Washington against Joel Sacks, in his official capacity as the Director of The Department of Labor & Industries of the State of Washington, and The Department of Labor & Industries of the State of Washington alleging violation of the Fourteenth Amendment and other claims.
According to Amazon's complaint, the defendants inspected Amazon's fulfillment facility in Kent in March and issued a citation and Notice of Assessment alleging several violations. Amazon claims the citation did not allege "any specific workplace safety regulation" and alleged various ergonomic hazards although there are not any specific ergonomic standards according to Washington State or federal occupational health and safety laws.
Amazon further claims that it has challenged the allegations which are pending in state administrative proceedings and that despite the state not proving any violation, the company faces fines of up to $7,000 per day, per violation amounting to $70,000 per day. Amazon alleges that requiring employers to incur significant financial burdens for alleged hazards before the defendant has proven any workplace safety rules violations violates the Due Process Clause of the Fourteenth Amendment.
It also alleges the state's Industrial Safety and Health Act do not allow a company sufficient time for abatement.
Amazon seeks monetary and all other just relief. It is represented by Harry Korrell, Jeffrey Youmans, Joseph Hoag and John Hodges-Howell of Davis Wright Tremaine LLP in Seattle.
U.S. District Court for the Western District of Washington Seattle Division case number 2:22-CV-01404