In ruling against a lawsuit filed to invalidate the state Department of Labor and Industries’ costly and onerous ergonomics rules, the courts have added to the regulatory burden of Washington employers and may have unleashed a torrent of new agency rulemaking.

Thurston County Superior Court Judge Paula Casey made the ruling recently in a lawsuit filed by WE CARE (Washington Employers Concerned About Regulating Ergonomics), an Association of Washington Business-led coalition.

The decision allows the ergonomics rule to stand and will make it easier for other state agencies to conduct rulemaking without legislative authority,

“By ruling against the business community, employers have been dealt another regulatory blow, as has our state’s competitiveness,” said Gary Chandler, AWB Vice President for Governmental Affairs.

“The ruling provides great latitude to other state agencies in adopting rules on their own without providing the public any notice of the evidence that they relied on until it is too late for the public to provide input. The legislature mandated that the public be given the opportunity to be given meaningful participation in the regulatory process. The department did not do so and this ruling ratifies that impermissible approach.” Chandler said.

An appeal is likely Chandler added.