Wal-Mart, the nation’s largest company, gained an exemption from what many business groups consider the state’s onerous ergonomics rule. Gov. Gary Locke signed off on the deal, set up by Gary Moore, director of Washington’s Department of Labor and Industries (L&I).

The ergonomics rule, the only one of its kind in the nation, is estimated to cost state businesses at least $700 million per year. The U.S. Senate voted not to approve a proposed nationwide ergonomics rule because no measurable benefits could be calculated. But the legislature, with the support of Locke and Moore, imposed one for our state over the objections of the federal government that is even more stringent than the one the feds abandoned.

Wal-Mart was reluctant to open a huge distribution center in Washington because complying with the ergonomics regulation would cost it much more than locating in Oregon, which was in competition for the facility.

So Moore visited a Wal-Mart distribution center in Texas and determined the company is doing everything necessary to protect its employees from ergonomic hazards, and granted the exemption.

In a later move, Safeway got an exemption after Moore toured anoter Texas facility similar to Wal-Mart’s.

Several business groups, including the Building Industry Association of Washington (BIAW) have questioned why labor unions, key supporters of Locke, haven’t objected to the governor cutting a special deal with an out-of-state, non-union employer known for paying low wages and implementing predatory pricing. Grocery storeowners in Bellingham have asked Locke why Wal-Mart was granted an unfair financial and competitive advantage over Washington’s own union grocery employers — but have received no response.

BIAW has asked Moore who else got an exemption from the ergo rule, but he refuses to answer, claiming it’s “confidential information” and angrily saying the Wal-Mart deal was “private” and should not be discussed.

BIAW has filed a lawsuit in Thurston County Superior Court against L&I. The Allied Press Daily and Washington Newspaper Publishers Association filed a motion to intervene in the case as a plaintiff with BIAW. The lawsuit alleges L&I failed to uphold the letter and the spirit of state public record disclosure requirements by improperly withholding documents from the general public.

In March BIAW made a public records request under the state Public Records Act (PRA) to obtain information relating to L&I’s exemption of certain companies from the newly adopted state ergonomics regulations. BIAW asked L&I for a list of all companies to which the agency has extended such exemptions. Under the PRA, state agencies are required to promptly make available to the public almost all documents held by the agency. BIAW requested copies of such documents and L&I refused to provide the requested records, claiming they are confidential and exempt from the PRA.

BIAW made the disclosure request after obtaining a copy of a letter Moore sent to Wal-Mart executives in January promising the company an exemption from the new ergonomics rules if a proposed food distribution center was located in Washington.

Because L&I has refused to comply with the PRA, it is not known whether it has extended similar exemptions to other companies, and if so, whether any of the companies are Washington-based or, like Wal-Mart, from out-of-state. BIAW has, over the course of several months, repeatedly asked L&I for a full list of companies to which it has written such exemption letters.

The PRA exists to ensure state agencies do not withhold important information from the general public. It also provides for mandatory penalties against any state agency found to be in violation. BIAW is seeking the maximum penalties possible, as well as attorney’s fees.