(dissenting) — I would have reinstated the plaintiff's verdict on liability at the first trial. There was no basis for the trial court to set aside the jury's verdict by granting a motion for a mistrial because one of the jurors had asked for a dictionary. There is not an iota of evidence that the presence of a dictionary in the deliberating room affected any juror or any juror's decision. At most, the presence of the dictionary was harmless error. I dissent.
Mistrial
The granting of a motion for a mistrial should be overturned only for abuse of discretion, and a much stronger showing of an abuse of discretion will be required to set aside an order granting a new trial than one denying it. Alger v. Mukilteo, 107 Wn.2d 541, 551, 730 P.2d 1333 (1987). Nevertheless, courts have an equally strong interest in upholding jury verdicts. Alger, at 551. The trial court is *155required to justify its grant of a mistrial by giving definite reasons of law and facts for its order granting a mistrial. CR 59(f).
Here, the trial court, in violation of CR 59(f), never issued any written order stating its reasons for granting ALCOA's motion for a mistrial. The court, however, set forth its reasons for granting a mistrial in the record of the proceedings. That record shows that the court misconstrued its duty, and felt it necessary to grant the mistrial despite the lack of any colorable showing that the jury's skimming the definition of "negligence" in Black's Law Dictionary could have had any prejudicial effect on its deliberations. The trial judge stated in his oral ruling granting the motion for mistrial:
I'm going to grant the motion for mistrial. The problem that I have is with the numerous forms of negligence that are listed in the dictionary. At least some of them looked at all of those, and I can't say for sure what influence that may have had on their thought process.
[Juror] Mr. Lazanski read them, and clearly, it could have had an influence on his thought process. The others, at least, were made aware of the numerous definitions in the book. As Mr. Lazanski put it: "of the numerous ways to be negligent." And I just — that's the factor that I think makes it so that we cannot conclude that there was no prejudice.
If they had just read the definition of negligence that was read out loud by Mrs. Sheets, and if they had just read the definition of "proximate cause" that was read out loud by Mr. Lazanski, maybe we wouldn't have prejudice, because those things are basically in line with the instructions that I'd already given them. However, the additional material that they did look at, as well as the access to the whole book, seems to me that I can't reasonably say that there was no influence.
I cannot find that this breach of duty by my staff was not prejudicial. It may well have been prejudicial. It may have operated in their thought process. And for that reason, I can't let the matter go forward on the present basis.
*156Report of Proceedings vol. IV, at 319-21 (first trial). Absent in the court's ruling is any discussion of how the definitions of numerous forms of negligence, not relevant to this case, might have been prejudicial.
It is crucial to consider what the jury read in the dictionary before jumping to the conclusion that it was prejudicial. The definition of "negligence” in Black's Law Dictionary 1229 (3d ed. 1933) states in part:
Negligence. The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do. . . .
(Citations omitted.) That portion of the definition correctly states the law, and is admittedly substantially the same as the jury instruction in this case. The dictionary then, in nearly three columns of print, lists approximately 90 citations to common law authorities, giving succinct summaries of their definitions of negligence, such as "[t]he failure to use ordinary care" or "[t]he breach of a legal duty". Those authorities do not contain erroneous statements of the law, but rather further support and expand on the main definition of negligence. Finally, the definition gives separate definitions for "collateral negligence", "contributory negligence", "mutual contributory negligence", "concurrent contributory negligence", "concurrent negligence", "criminal negligence", "culpable negligence", "gross negligence", "hazardous negligence", "legal negligence", "negligence per se", "ordinary negligence", "slight negligence", "wanton negligence", and "willful negligence". The definitions of types of negligence are not alleged to contain erroneous statements of the law; however, they are obviously not all relevant to the instant case.
In considering whether evidence improperly presented to the jury requires a mistrial, we do not allow the jury to impeach its own verdict by testimony on the actual effect of such material on its deliberations. Rather, we consider only what the jury saw, and the likelihood of its prejudicial *157effect. O'Brien v. Seattle, 52 Wn.2d 543, 547, 327 P.2d 433 (1958). Thus, although the jurors did no more than glance at the definitions of the various kinds of negligence "in awe of the fact that there were all kinds of forms of negligence" and then returned to the court's actual instruction, Report of Proceedings vol. IV, at 283 (first trial), we must consider the issue as though the jury read and considered the definitions in full.
Even resolving every doubt in favor of ALCOA, it is impossible to conceive of any way that scrutiny of the dictionary definitions of the various types of negligence might prejudice the jury's verdict. We must presume that the jury did not ignore the court's instructions and find ALCOA liable on the lesser standard for "slight negligence" when it was instructed under the "negligence" standard. In re Metropolitan Seattle, 67 Wn.2d 923, 930-31, 410 P.2d 790 (1966); In re Estate of Cory, 169 N.W.2d 837 (Iowa 1969) (presumption that jury followed the court's instructions despite looking up definition of "undue influence" that differed from such instructions in dictionary provided by foreman). To reject completely the jury's decision, reached after hours of deliberation after hearing days of testimony, on such a remote possibility is to show a troubling disrespect for the ability of the jury to fulfill its obligations. To put it bluntly, if we believe that a jury would impose a different burden on a party merely because it saw a definition applicable to a different standard, then we must believe that the jury is wayward and unintelligent. Such a belief casts our entire system of justice into doubt.
The Supreme Court of Wyoming gave due consideration to the jury's intelligence in the factually similar case of Zanetti Bus Lines, Inc. v. Logan, 400 P.2d 482 (Wyo. 1965). There the bailiff gave the jury an ordinary dictionary, which it used to look up the term "natural". The Logan court noted that the dictionary contained eight meanings of "natural", of which only one could reasonably be applied to the case at issue, and that definition did not wrongly state the law. The court held sufficient respect for *158the jury to conclude that it would not have confused itself by attempting to use clearly inapplicable definitions. I too have sufficient respect for our Washington juries to believe that they will not strain themselves to use clearly inapplicable definitions to throw themselves into the state of confusion suggested by the trial court and the majority.
The authorities unanimously hold that the jury's improper access to definitions or instructions will not result in a mistrial unless they are of such a character as to cause prejudice.
A verdict will generally not be set aside because a paper, which should not be with the jury during their deliberation, has been sent to the jury room through inadvertence or accident, and not through the connivance or design of the prevailing party, unless it appears the paper was of such a character as to prejudice the unsuccessful party or that other circumstances render its reading harmful.
Snyder v. Sotta, 3 Wn. App. 190, 192, 473 P.2d 213 (1970). In Snyder, the jury was accidentally provided with the plaintiff's proposed jury instructions. The Court of Appeals rejected the trial court's belief that erosion of the normal deliberative process must be presumed when any substantial or foreign matter related to issues before the jury is obtained and perused by it, and stated: "The content of the document must be examined by the court in determining any possible prejudicial effect." Snyder, at 193. The mere possibility of prejudice without further inquiry is insufficient to order a new trial. Spratt v. Davidson, 1 Wn. App. 523, 526, 463 P.2d 179 (1969).
Here, the trial court mistakenly believed that the extra definitions of negligence provided by Black's Law Dictionary might disrupt the jury's deliberations without demonstrating any consideration of what prejudicial effect there might have been. We rejected such an extreme reaction to the discovery of impermissible acts in the jury room in Tarabochia v. Johnson Line, Inc., 73 Wn.2d 751, 440 P.2d *159187 (1968). In Tarabochia, the trial court, upon discovering that the jury had impermissibly conducted its own experiment on the evidence, granted a mistrial without inquiring as to the result of the experiment. This court reversed because there was no showing that the experiment introduced new evidence that might have influenced the verdict. Similarly, here the trial court granted the mistrial without inquiring what the jury might have culled from the dictionary that would have prejudiced it. It made the same error as the trial court in Tarabochia: it was so concerned with the bailiff's having provided impermissible material that it granted a mistrial without examining whether that material contained anything prejudicial. In doing so it did a dishonor to the jury and great damage to Adkins. I would reverse the grant of a mistrial, reinstate the jury's original verdict on liability and remand for trial on damages.
As the majority has reversed the defense verdict in the second trial and granted a new trial, I would like to take issue with it on its suggestion as to how the trial judge should rule on unresolved issues in the subsequent third trial.
WISHA Regulations
The most damaging aspect of the majority's decision is its affirmation of the trial court's denial to Adkins of the benefit of WISHA regulations that would have protected him from the injury he suffered. The majority correctly notes that the purpose of WISHA is "to assure, insofar as may reasonably be possible, safe and healthful working conditions for every man and woman working in the state of Washington ..." RCW 49.17.010. The majority then interprets WISHA in such a narrow way as to totally deny its benefit to temporary workers such as Adkins. Because Adkins is a worker in the state of Washington, the WISHA regulations clearly apply to the negligence issue in this case under the guidelines of Restatement (Second) of Torts § 286 (1965). The sole legitimate issue remaining is whether *160ALCOA in fact complied with applicable WISHA requirements. The testimony indicates it failed to do so. See WAC 296-24-15001.
The majority, however, engages in a complex analysis under which it leapfrogs to a conclusion that WISHA does not apply to Adkins at all. The majority states that an employee is entitled to the protection of WISHA regulations only if he or she is exposed to a hazard in his or her normal work area. The majority then introduces the concepts that the exposure to the hazard must be reasonably predictable and in the course of normal duties. Majority, at 146-47. Thus, workers such as Adkins who travel from place to place to perform repetitive duties are not protected by WISHA under the majority's analysis. Nowhere in the language of WISHA or the regulations at issue is such a limitation to be found. To the contrary, the regulations establish standards without regard to how frequently employees might encounter the relevant hazard. As with interpretations of statutes, when a regulation is unambiguous on its face courts should not look beyond its language. See Mahoney v. Shinpoch, 107 Wn.2d 679, 684, 732 P.2d 510 (1987).
The majority's reliance on opinions by the Occupational Safety and Health Review Commission to limit the application of WISHA regulations is ill founded. RCW 49.17.010 states that the purpose of WISHA is "to create, maintain, continue, and enhance the industrial safety and health program of the state, which program shall equal or exceed the standards prescribed by the Occupational Safety and Health Act of 1970 [Pub. L. No. 91-596, 84 Stat. 1590]." (Italics mine.) The use of opinions under OSHA to limit the scope of WISHA thus runs directly counter to express legislative intent. Moreover, while we often do consider federal cases interpreting federal counterparts to Washington legislation, no special deference is merited by federal administrative agency decisions. See Clarke v. Shoreline Sch. Dist. 412, 106 Wn.2d 102, 118, 720 P.2d 793 (1986); Fahn v. Cowlitz Cy., 93 Wn.2d 368, 376, 610 P.2d 857, 621 P.2d *1611293 (1980). This is especially true in this area of the law, where the Occupational Safety and Health Review Commission's attempts to limit the application of OSHA are consistently overruled by federal courts of appeal. Donovan v. Adams Steel Erection, Inc., 766 F.2d 804, 811 (3d Cir. 1985) (finding in error the Commission's limiting OSHA regulations to situations in which employees are actually exposed to hazards); Brock v. L.R. Willson & Sons, Inc., 773 F.2d 1377, 1386 (D.C. Cir. 1985) (rejecting the Commission's excusing employers from safety requirements where exposure to a hazard is of short duration).
The federal courts of appeal use a test of employee "access" to a hazard to determine whether there is an OSHA violation. Donovan, 766 F.2d at 811; Daniel Int'l Corp. v. Donovan, 705 F.2d 382, 388 (10th Cir. 1983). This test does not depend on "reasonable predictability", majority at 147, but rather on "the slightest possibility of [the hazard's] occurrence ..." Usery v. Marquette Cement Mfg. Co., 568 F.2d 902, 910 (2d Cir. 1977).
Even if the trial court were correct in holding that WISHA regulations do not apply to every fan blade to which a worker might ever be exposed, it was error to rule as a matter of law that the WISHA regulations do not apply here, and deny Adkins the opportunity to prove otherwise to the jury. The jury may well have disagreed with the court's determination that it was not reasonably predictable for a worker on the roof to be injured by a fan in an unusual position, and therefore have concluded that WISHA applies. It was error for the trial court to determine that issue as a matter of law where substantial evidence supports a contrary conclusion. The majority admits that the necessity of Adkins using the heat vent to warm caulk was contested at trial. Majority, at 148. The majority's statement that the heating vent was not within Adkins' normal work area is thus conclusory; in fact the evidence in the record indicates otherwise. Report of Proceedings vol. at 252-57 (testimony of Merle Larson); vol. II, at 316, 356-60 (testimony of Adkins) (second trial). Adkins was *162prohibited from arguing his theory of the case with regard to WISHA requirements; only circular reasoning could hold that since he lost his case (in the second trial) it was not error to deny him that right.
Trespass Instruction
After affirming the trial court's refusal to allow Adkins to argue a theory of the case for which there was substantial evidence, the majority affirms the trial court's prejudicial instructions to the jury on a theory of law for which there was no substantial evidence. To consider it plausible that Adkins was a trespasser in the vent because he was only invited on the roof is an affront to common sense. Adkins was contractually obligated to repair the roof, which included the area around and in the air vent should it require repair or cleanup. Report of Proceedings vol. II, at 358-59 (second trial). The notion that he should not have retrieved a caulking tube because he was not "invited" to do so ignores the realities of his duties. The only reason Adkins should not have reached down with his hand was that doing so might cause him injury; thus the only relevant instructions were those on comparative negligence.
There does not appear to be any reason why the majority's analysis should apply any differently to ALCOA's own employees than to Adkins. Thus, the majority's determination that the facts of this case might indicate trespass implies that employers could always limit their liability for the failure to provide safe working conditions by telling employees that they have no permission to stick their hands into moving machinery. When the requirements of the job combined with the lack of safety precautions result in such an accident, the employer could then call the employee a trespasser with respect to that particular machinery and cloud the issue of its liability. For that reason, the question of Adkins' permission to touch the vent should not be a factor in the jury's mind; rather the only *163proper issue was ALCOA's and Adkins' comparative negligence. The court's instruction on trespass was highly prejudicial to Adkins.
Conclusion
Because the trial court could not have reasonably believed that the jury's access to dictionary definitions of "negligence" and "probable cause" might be prejudicial, I would reverse its grant of a mistrial, reinstate the liability verdict of the first trial and remand for a determination of damages. The court made numerous errors in the second trial, including failing to allow testimony or instructions on applicable WISHA regulations, and instructing on trespass, each of which will require reversal if such errors are perpetuated at the third trial.
I dissent.
After modification, further reconsideration denied June 9, 1988.