Wash. Court of Appeals published opinion — 850661.pdf

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not designed to handle the amount of exhaust produced by Idleright-equipped

vehicles and that “it’s a matter of time before [SPD] ha[s] a carbon monoxide injury

to an employee.” In a subsequent email exchange, Lt. Mahaffey stated that SPD

needed to address the issue of officers “leav[ing] their cars running the entire shift”

in the West Garage,” and Assistant Chief Wilske replied that leaving vehicles

“running all the time is gonna get somebody hurt.” In August 2017, SFD personnel

again tested the air quality in the West Garage after an SPD employee sent an

anonymous complaint to the Department of Labor and Industries (L&I). The SFD

Captain told an SPD officer they “became congested in the short period that we

were there” and these symptoms “disappeared almost immediately after leaving

the garage.”

Around this time, Assistant Chief Wilske e-mailed SPD officers about a

separate issue involving faulty construction of SPD patrol vehicles causing CO to

leak into the passenger compartment. The e-mail listed symptoms of CO

poisoning and encouraged officers to “report any issues they feel might be related.”

After receiving Assistant Chief Wilske’s e-mail, Sgt. Hockett told Safety Officer

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 85066-1-I

Steve Redmond that Sgt. Hockett’s subordinate officers were experiencing

symptoms of CO exposure and asking him “what they should do to be checked for

long-term exposure.” Ofc. Redmond responded that SPD was “taking steps to

mitigate this issue.” Sgt. Hockett then e-mailed his supervisor, Lt. Todd Kibbee