Chapter 296-900 WAC Introduction
Administrative Rules
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Chapter 296-900 WAC
Safety Standards for Administrative Rules
(Form Number F414-136-000)
This book contains rules for Safety Standards for administrative rules, as adopted under the
Washington Industrial Safety and Health Act of 1973 (Chapter 49.17 RCW).
The rules in this book are effective December, 2021. A brief promulgation history, set within
brackets at the end of this chapter, gives statutory authority, administrative order of
promulgation, and date of adoption of filing.
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DOSH CONTACT INFORMATION:
Physical address:
7273 Linderson Way
Tumwater, WA 98501-5414
(Located off I-5 Exit 101 south of Tumwater.)
Mailing address:
DOSH Standards and Information
PO Box 44810
Olympia, WA 98504-4810
Telephone: 1-800-423-7233
For all L&I Contact information, visit https://www.lni.wa.gov/agency/contact/
Also available on the L&I Safety & Health website:
DOSH Core Rules
Other General Workplace Safety & Health Rules
Industry and Task-Specific Rules
Proposed Rules and Hearings
Newly Adopted Rules and New Rule Information
DOSH Directives (DD’s)
See http://www.lni.wa.gov/Safety-Health/
Chapter 296-900 WAC Table Contents
Administrative Rules
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Chapter 296-900 WAC
SAFETY STANDARDS FOR ADMINISTRATIVE
RULES
WAC Page
WAC 296-900-099 Definitions. ................................................... 1
WAC 296-900-100 Scope. .......................................................... 4
WAC 296-900-110 Variances. .................................................... 5
WAC 296-900-11005 Applying for a variance. ............................................................... 5
WAC 296-900-11010 Interim orders............................................................................... 8
WAC 296-900-11015 Renewing a temporary variance. ................................................. 9
WAC 296-900-11020 Changing a variance. ................................................................. 10
WAC 296-900-11025 Variance hearings. ..................................................................... 11
WAC 296-900-120 Inspections. ............................................... 13
WAC 296-900-12005 WISHA inspections. ................................................................... 13
WAC 296-900-12010 Inspection techniques. ............................................................... 14
WAC 296-900-12015 Complaints. ................................................................................ 14
WAC 296-900-130 Citation and notice. ................................... 17
WAC 296-900-13005 Citation and notice. .................................................................... 17
WAC 296-900-13010 Copies of future citation and notices. ......................................... 17
WAC 296-900-13015 Posting citation and notices. ...................................................... 18
WAC 296-900-140 Monetary penalties. ................................... 19
WAC 296-900-14005 Reasons for monetary penalties ................................................ 20
WAC 296-900-14010 Base penalties ........................................................................... 20
WAC 296-900-14015 Base penalty adjustments .......................................................... 24
WAC 296-900-14020 Increases to adjusted base penalties ......................................... 25
Chapter 296-900 WAC Table Contents
Administrative Rules
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WAC Page
WAC 296-900-150 Certifying violation corrections. .............. 26
WAC 296-900-15005 Certifying violation correction. .................................................... 26
WAC 296-900-15010 Violation correction action plans. ............................................... 27
WAC 296-900-15015 Progress reports. ....................................................................... 27
WAC 296-900-15020 Timeliness of violation correction documents. ........................... 28
WAC 296-900-15025 Inform employees about violation correction. ............................ 28
WAC 296-900-15030 Tag moveable equipment. ......................................................... 28
WAC 296-900-160 More time to comply. ................................ 30
WAC 296-900-16005 Requesting more time to comply. .............................................. 30
WAC 296-900-16010 Post WISHA's response to requests for more time. ................... 31
WAC 296-900-16015 Correction date hearing requests............................................... 32
WAC 296-900-16020 Post WISHA's violation correction hearing notice. ..................... 32
WAC 296-900-16025 Violation correction hearing procedures. ................................... 32
WAC 296-900-16030 Post the violation correction hearing decision. ........................... 33
WAC 296-900-170 Appeals. ..................................................... 34
WAC 296-900-17005 Appealing a citation and notice (C&N). ...................................... 34
WAC 296-900-17006 Stay of abatement date request. ................................................ 37
WAC 296-900-17010 Appealing a corrective notice of redetermination (CNR). ........... 37
WAC 296-900-17015 Posting appeals. ........................................................................ 38
WAC 296-900-175 Safety and health investment projects. .. 39
WAC 296-900-17505 Scope and purpose. ................................................................... 39
WAC 296-900-17515 Eligibility. .................................................................................... 39
WAC 296-900-17520 Advisory committee. .................................................................. 40
WAC 296-900-17525 Application. ................................................................................ 41
WAC 296-900-17530 Review and approval of proposals. ............................................ 41
WAC 296-900-17535 Monitoring. ................................................................................. 42
WAC 296-900-17540 Suspension or revocation of funding. ......................................... 43
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WAC 296-900-099 Definitions.
Affected employees. Employees who could be one of the following:
(a) Exposed to unsafe conditions or practices.
(b) Affected by a request for, or change in, a variance from WISHA requirements.
Applicant. The entity submitting an application and formal proposal for a safety and health
investment projects award.
Assistant director. The assistant director for the division of occupational safety and health
(DOSH) at the department of labor and industries or his/her designated representative.
Base penalty. The penalty amount calculated for a violation by considering either specific
statutory penalty amounts or the gravity of the violation.
Board. The board of industrial insurance appeals.
Certification. An employer's written statement describing when and how a citation violation
was corrected.
Citation. See citation and notice.
Citation and notice. Issued to an employer for any violation of WISHA safety and health
requirements. Also known as a citation and notice of assessment, or simply citation.
Correction action plans. Your written plans for correcting a WISHA violation.
Correction date. The date by which you must meet the WISHA requirements listed on either a:
(a) Citation and notice (C&N); or
(b) A corrective notice of redetermination (CNR).
Corrective notice of redetermination (CNR). Issued by WISHA after WISHA has reassumed
jurisdiction over an appealed citation and notice.
Department. The department of labor and industries.
Designated representative. Any of the following:
(a) Any individual or organization to which an employee gives written authorization.
(b) A recognized or certified collective bargaining agent without regard to written
employee authorization.
(c) The legal representative of a deceased or legally incapacitated employee.
Division or DOSH. The division of occupational safety and health, Washington state
department of labor and industries.
Documentation. Material that an employer submits to prove that a correction is completed.
Documentation includes, but is not limited to, photographs, receipts for materials and labor.
Failure to abate (FTA). A violation that was cited previously which the employer has not
fixed.
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Final order. Any of the following (unless an employer or other party files a timely appeal):
(a) Citation and notice.
(b) Corrective notice of redetermination.
(c) Decision and order from the board of industrial insurance appeals.
(d) Denial of petition for review from the board of industrial insurance appeals.
(e) Decision from a Washington state superior court, court of appeals, or the state
supreme court.
Final order date. The date a final order is issued.
Funding cycle. How frequently safety and health investment project awards are given.
Gravity. For purposes of calculating a penalty means the amount calculated by multiplying a
violation's severity rate by its probability rate.
Hazard. Any condition, potential or inherent, which can cause injury, death, or occupational
disease.
Imminent danger violation. Any violation resulting from conditions or practices in any place
of employment, which are such that a danger exists which could reasonably be expected to cause
death or serious physical harm, immediately or before such danger can be eliminated through the
enforcement procedures otherwise provided by the Washington Industrial Safety and Health Act.
Inpatient hospitalization. Formal admission to the inpatient service of a hospital or an
equivalent medical facility on an emergent basis for a work-related injury, or illness.
Interim order. An order allowing an employer to vary from WISHA requirements until a
permanent or temporary variance is granted.
Medical aid fund. Industrial insurance funds established in chapter 51.44 RCW.
Milestones. Critical points of achievement for the safety and health investment projects,
showing progress toward project completion. Milestones are interim accomplishments that
define project progress.
Monetary penalties. Fines assessed against an employer for violations of safety and health
requirements.
Movable equipment. A hand-held or nonhand-held machine or device that:
(a) Is powered or nonpowered.
(b) Can be moved within or between worksites.
Must. Means mandatory.
Permanent variance. Allows an employer to vary from WISHA requirements when an
alternate means, that provides equal protection to workers, is used.
Probability. A number that describes the likelihood of an injury, illness, or disease occurring,
ranging from 1 (lowest) to 3 (highest).
Product. Any of the following that are developed as the result of a safety and health investment
project: Written materials; manufactured materials; designs; equipment; programs; services;
workplace changes; or other results of any kind, tangible or intangible.
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Reassume jurisdiction. WISHA has decided to provide the employer with an informal
conference to discuss their appeal.
Recipient. An agency, firm, organization, individual or other legal entity receiving project
award funds from the safety and health investment projects.
Repeat violation. A violation where the employer has been cited one or more times previously
for a substantially similar hazard, and the prior violation has become a final order no more than
three years prior to the employer committing the violation being cited.
Serious violation. When there is a substantial probability that death or serious physical harm
could result from one of the following in the workplace:
(a) A condition that exists.
(b) One or more practices, means, methods, operations, or processes that have been
adopted or are in use.
Severity. For purposes of calculating a penalty means the most serious injury, illness, or disease
that could be reasonably expected to occur, ranging from 1 (lowest) to 3 (highest), because of a
hazardous condition.
Temporary variance. Allows an employer to vary from WISHA requirements under certain
circumstances.
Variance. Provides an approved alternative to WISHA requirements to protect employees from
a workplace hazard. Variances can be permanent or temporary.
WAC. An acronym for Washington Administrative Code, which are rules developed to address
state law.
WISHA. This is an acronym for the Washington Industrial Safety and Health Act.
You. An employer.
Sample Tag for Cited Moveable Equipment
WARNING:
EQUIPMENT
HAZARD
Cited by the
Department of
Labor and
Industries
Equipment cited:
Hazard cited:
For detailed information, see L&I citation posted at:
WARNING:
EQUIPMENT
HAZARD
See reverse side
This tag or similar tag or a copy of the citation must
remain attached to this equipment until the criteria
for removal in WAC 296-900-15035 are met.
The tag/citation copy must not be altered, defaced,
or covered by other material.
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WAC 296-900-100 Scope.
This chapter applies to the following requirements and information regarding administration of
the Washington Industrial Safety and Health Act (WISHA), chapter 49.17 RCW:
(1) Employer requests for using an alternative to WISHA requirements.
(2) Workplace inspections conducted by WISHA.
(3) Citations and penalties for violations of WISHA safety and health requirements.
(4) How to respond to actions that WISHA may take when requirements have been violated.
(5) Employer correction of cited violations, and notification to WISHA when the corrections
are made.
(6) Employer obligations to inform employees.
(7) Reporting alleged safety and health hazards.
(8) Appeal and hearing processes for employers and employees.
(9) Safety and health investment projects (SHIP).
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WAC 296-900-110 Variances.
Summary:
Employer responsibility:
in this section:
WAC 296-900-10005
WAC 296-900-11010
WAC 296-900-11015
WAC 296-900-11020
WAC 296-900-11025
WAC 296-900-11005 Applying for a variance.
Important:
1. A variance provides an approved alternative to WISHA requirements to
protect employees from a workplace hazard. Variances can be
permanent or temporary.
2. Variances will not be retroactive. Employers are obligated to follow
WISHA requirements until the variance is granted.
(1) You must follow steps 1-5 to apply for a variance when you wish to use an alternative to
WISHA requirements as a means to protect your employees.
Step 1: Decide what type of variance is needed by reviewing the types of variances in Table 1,
Requesting a Variance.
Step 2: Complete a written application for the variance, following the requirements in Table 1,
Requesting a Variance.
Note: A form, Variance Application (F414-157-000, is available for requesting
variances:
1. From any L&I office
2. On our web site under Safety Forms, Variance Application
https://lni.wa.gov/forms-publications/F414-157-000.doc
Reference: For a list of the local L&I offices, see the resource section of the
Safety and health core rules, chapter 296-800 WAC.
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Step 3: Notify employees before submitting any type of variance request by doing all of the
following:
Posting a copy of the request on your safety bulletin board.
Using other appropriate means for notifying employees who may not be expected to
receive notices posted on the safety bulletin board. For example, provide a copy to a
designated representative or the safety committee.
Step 4: Submit the written request, using one of the following means:
Mail to:
Assistant Director
WISHA Services
P.O. Box 44650
Olympia, WA 98504-4650
Fax to: 360-902-5438
Take to any L&I office.
Step 5: After receiving a written decision from WISHA about your request, immediately notify
affected employees of the decision by using the methods in Step 3.
(2) You must follow the specific requirements of the variance that WISHA has granted.
Note:
1. If employers fail to follow Steps 1-5 above, the variance cannot be
granted.
2. Citations may be issued for failing to follow a variance.
3. Employers can always follow the original WISHA requirements instead
of the variance requirements.
4. If your variance is no longer necessary and you decide to follow the
WISHA requirement instead, please advise WISHA in writing.
Table 1 Requesting a Variance
For this type of variance:
Include the following on our written
application:
Permanent variance
Request a permanent variance if you
can show that you will be providing
alternate methods of protecting
employees from hazards that are as
effective as those provided by the
requirements from which you are
requesting relief.
Note:
A permanent variance remains in effect
unless WISHA modifies or revokes it.
Examples of reasons a variance might
be revoked include:
Employer name and address
Employer or other employer representative
signature
Work location and situations that apply to
the variance
Which specific requirements you want to
vary from, with WAC numbers
Description of proposed alternative
methods of protection, and how they will
protect employees
How employees will be notified:
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Table 1 Requesting a Variance
For this type of variance:
Include the following on our written
application:
– An employer requests the variance
be revoked
– Requirements that existed when
the variance was approved are
modified
– The work location is changed
– About the variance request, as required
in Step 2
– That they may request a hearing
The following notice on the first page of
your posted application, written in large and
clear enough to be easily read:
“Attention Employees: Your employer is
applying to WISHA for a variance from
safety and health requirements. You have
a right to ask WISHA for a hearing on the
variance request, but you must ask for the
hearing in writing by date*). If no hearing is
requested, WISHA will act on the variance
request without a hearing.”
* This date must be 21 calendar days after
the variance request is mailed or delivered.
Temporary variance
Request a temporary variance if both
of the following apply:
New WISHA requirements cannot be
met for any of the following reasons:
– Professional or technical people
are not available
– Materials or equipment are not
available
– Construction or alteration facilities
cannot be completed by the
effective date of the requirements
You have an effective plan for meeting
WISHA requirements as soon as
possible
Note:
Temporary variances remain in effect:
– Until current WISHA requirements
are met
– No longer than one year, unless
extended
Provide all the information required above
for permanent variances
Also provide all of the following:
– An explanation of why WISHA
requirements cannot be met, including
documentation that supports this belief
– Steps that will be taken to protect
employees until WISHA requirements
can be met
– When WISHA requirements will be met
– A statement that this request is from a
qualified person who has firsthand
knowledge of the facts represented
What to expect from WISHA:
(3) A review of all variance requests. If more information is needed to make a decision,
WISHA may:
(a) Contact you or others who may have the needed information.
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(b) Visit your workplace after contacting you to make arrangements.
(c) Deny your request if you do not provide information needed to make a decision on it.
(4) A decision at least 21 calendar days from when the request was posted for employees. The
21-day period allows employees time to request a hearing on your variance application.
See Variance hearings, WAC 296-900-11025.
(5) A written decision either granting or denying the variance.
(a) If granted, the written decision will include all of the following:
(i) The requirement for which the variance applies.
(ii) The locations where the variance applies.
(iii) What you must do as an alternative means of protecting employees.
(iv) The effective date of the variance.
(v) An expiration date for the variance, if applicable.
(vi) The requirement to post the decision.
(b) If denied, the written decision will include:
(i) A brief statement with reasons for the denial.
(ii) The requirement to post the decision.
(6) WISHA will review permanent variances periodically after they have been in effect for 6
months, to decide whether they are still needed or need to be changed.
Note: If there is an appealed WISHA citation and notice that relates to the
variance request, the decision on the variance may be delayed until the
appeal is resolved.
WAC 296-900-11010 Interim orders.
Definition:
An interim order allows an employer to vary from WISHA requirements until a permanent or
temporary variance is granted.
(1) You must request an interim order if alternate methods of protecting employees are needed
while waiting for a permanent or temporary variance.
Note: An interim order may be requested at the same time a permanent or
temporary variance is requested, or any time after that.
What to expect from WISHA:
(2) A review of the request for an interim order. If more information is needed to make a
decision, WISHA may:
(a) Contact the employer or others who may have the needed information.
(b) Visit the workplace after contacting the employer to make arrangements.
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(c) Deny the request if the employer does not provide information needed to make a
decision.
(3) A decision at least 21 calendar days from when the request was posted for employees. The
21-day period allows employees time to request a hearing on your temporary variance
renewal. See Variance hearings, WAC 296-900-11025.
(4) A written decision either granting or denying the interim order request.
(a) If granted, the decision will include all of the following:
(i) The requirement for which the interim order applies.
(ii) The locations where the interim order applies.
(iii) What you must do as an alternative means of protecting employees.
(iv) The effective date of the interim order.
(v) An expiration date for the interim order.
(vi) The requirement to post the decision.
(b) If denied, the decision will include:
(i) A brief statement with reasons for the denial.
(ii) The requirement to post the decision.
Note:
1. WISHA's decision to grant or deny an interim order request will not
affect the decision on a permanent or temporary variance request.
2. WISHA may choose to issue an interim order in response to a variance
request, even when the interim order was not specifically requested.
3. Interim orders are effective until they are revoked, or until the variance
request is granted or denied.
WAC 296-900-11015 Renewing a temporary variance.
Important:
Temporary variances can be renewed up to 2 times, for up to 180 days each
time.
(1) You must apply for a temporary variance renewal at least 90 days before the temporary
variance expires.
(2) You must send a letter, explaining why more time is needed to fulfill the current
requirements.
What to expect from WISHA:
(3) A review of the temporary variance renewal request. If more information is needed to
make a decision, WISHA may:
(a) Contact you or others who may have the needed information.
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(b) Visit your workplace after contacting you to make arrangements.
(c) Deny your request if you do not provide information needed to make a decision.
(4) A decision at least 21 calendar days from when the request was posted for employees. The
21-day period allows employees time to request a hearing on your temporary variance
renewal. See Variance hearings, WAC 296-900-11025.
(5) A written decision either granting or denying the temporary variance renewal request.
(a) If granted, the written decision will include all of the following:
(i) The requirements for which the temporary variance applies.
(ii) The locations where the temporary variance applies.
(iii) What you must do as an alternative means of protecting employees.
(iv) The effective date of the temporary variance.
(v) An expiration date for the temporary variance.
(vi) The requirement to post the decision.
(b) If denied, the written decision will include:
(i) A brief statement with reasons for the denial.
(ii) The requirement to post the decision.
WAC 296-900-11020 Changing a variance.
(1) You, your employees, or their representative may request changes to variances in writing
as follows:
(a) For a permanent variance only after it has been in effect for at least 6 months.
(b) For a temporary variance, only when renewing it.
Note:
1. After 6 months, WISHA may initiate changes to a variance if they
appear to be warranted.
2. Employers can decide at any time to follow the original requirement,
instead of the requested variance.
What to expect from WISHA:
(2) A review of your request to change a variance. If more information is needed to make a
decision, WISHA may:
(a) Contact you or others who may have the needed information.
(b) Visit your workplace after contacting you to make arrangements.
(c) Deny your request for a change if you do not provide information needed to make a
decision.
(3) A decision at least 21 calendar days from when the request was posted for employees. The
21-day period allows employees time to request a hearing on your request to change a
variance. See Variance hearings, WAC 296-900-11025.
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(4) A written decision either granting or denying the change in variance.
(a) If granted, the written decision will include all of the following:
(i) The requirements for which the variance applies.
(ii) The locations for which the variance applies.
(iii) What you must do as an alternative means of protecting employees.
(iv) The effective date of the change in variance.
(v) An expiration date of the variance, if applicable.
(vi) The requirement to post the decision.
(b) If denied, the written decision will include:
(i) A brief statement with reasons for the denial.
(ii) The requirement to post the decision.
WAC 296-900-11025 Variance hearings.
Important:
Employers, affected employees, or employee representatives may request a
hearing on any of the following:
1. Permanent or temporary variance requests.
2. Changes to the existing variances.
(1) You and your affected employees must do all of the following if requesting a variance
hearing:
(a) Put the request in writing and sign it.
(b) Make sure the request is posted or delivered to the department within 21 calendar
days from the variance application date, or renewal request date.
(c) Send the written request to WISHA, using one of the following means:
Mail to:
Assistant Director
WISHA Services
P.O. Box 44650
Olympia, WA 98504-4650
Fax to: 360-902-5438
Take to any L&I office.
(2) You must immediately do all of the following when you receive a notice of the hearing
from WISHA:
(a) Post a copy of the notice on the safety bulletin board.
(b) Give a copy of the notice to affected employees and employee representatives.
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(c) Use any other appropriate means for notifying employees who may not receive
notices posted on the safety bulletin board. For example, provide a copy to a
designated representative or the safety committee.
What to expect from WISHA:
(3) WISHA will do both of the following after receiving a request for a hearing on a variance,
change of variance, or temporary variance renewal:
(a) Within 10 days, issue a notice advising all interested parties listed on the application
that they have the option to participate in the hearing.
(b) Provide you with a notice of the hearing at least 21calendar days before the hearing
date.
(4) A hearing for the variance or variance change will be conducted as follows:
(a) A WISHA representative will explain WISHA's view of the request for a variance or
any proposed change to a variance.
(b) Employers, employees, or employee representatives will then have an opportunity to
explain their views and provide any relevant documents or information.
(c) Information gathered at the hearing will be used to make a decision about whether to
grant or deny the request for a variance or change in variance.
Note:
1. WISHA may record a variance hearing.
2. Employers, employees, or employee representatives may request copies
or recordings or transcripts of variance hearings at cost.
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WAC 296-900-120 Inspections.
Summary:
in this section:
WAC 296-900-12005
WAC 296-900-12010
WAC 296-900-12015
WAC 296-900-12005 WISHA inspections.
(1) WISHA conducts the following types of programmed inspections:
(a) Hazardous workplaces. WISHA identifies hazardous workplaces using objective
criteria and inspection-scheduling systems that may include any of the following
factors:
(i) Type of industry.
(ii) Injury and illness data that identifies hazards.
(iii) Employer's industrial insurance experience.
(iv) Number, type, and toxicity of contaminants in the workplace.
(v) Degree of exposure to hazards.
(vi) Number of employees exposed.
(vii) Other factors, such as history or employee complaints.
Note: WISHA periodically reviews the scheduling systems and may adjust the
type or significance of each criteria.
(b) High hazard industries that include the following:
(i) Agriculture.
(ii) Asbestos renovation and demolition.
(iii) Construction.
(iv) Electrical utilities and communications.
(v) Logging.
(vi) Maritime.
(2) WISHA conducts the following types of unprogrammed inspections of workplaces that
may be in violation of WISHA safety or health requirements or chapter 49.17 RCW,
Washington Industrial Safety and Health Act. These inspections may focus only on certain
areas or processes in a workplace or, depending on initial findings, may be expanded to
include the entire workplace. Unprogrammed inspections may occur because of:
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(a) Complaints from current employees or employee representatives who believe they
have been exposed to a hazard because of a violation.
(b) Referrals from anyone, including former employees, who reasonably believes that
workers under WISHA jurisdiction are being, or have been, exposed to a hazard
because of a violation.
(c) Workplace deaths, catastrophic events, or serious injury or illness.
(d) A reason to believe that employees may be in imminent danger of serious injury or
death.
(e) Follow-up inspections to verify that hazards identified in a previous inspection have
been corrected.
WAC 296-900-12010 Inspection techniques.
During an inspection, WISHA staff may:
(1) Take samples, photographs, videotapes, or audiotapes.
(2) Conduct tests or interviews.
(3) Ask employees to wear sampling devices.
(4) Privately question, on or off the worksite, any:
(a) Employer.
(b) Employer representative.
(c) Owner.
(d) Operator.
(e) Employee.
(f) Employee representative.
(5) Employ any other reasonable investigative techniques.
WAC 296-900-12015 Complaints.
(1) Employees or employee representatives may file a written complaint if they believe they
have been exposed to a hazard that is a violation of WISHA safety and health requirements.
What to expect from WISHA:
(2) After receiving a written complaint from an employee or employee representative, WISHA
reviews the allegations and responds according to Table 2, WISHA Responses to
Employee Complaints.
Table 2 WISHA Responses to Employee Complaints
For this determination:
WISHA will take the following actions:
The complaint is within WISHA jurisdiction
and an inspection does not appear to be
needed at this time
Call the employer to discuss the
complaint
Set a deadline for the employer to
respond in writing
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Table 2 WISHA Responses to Employee Complaints
For this determination:
WISHA will take the following actions:
Fax or mail a complaint notification
letter to the employer. Before the
complaint is faxed or mailed, the
following names will be removed unless
specific permission is given to include
them:
– The name of the person submitting
the complaint
– The names of any employees
identified in the complaint
Evaluate the employer's response, and
do one of the following:
– Close the complaint because the
issues have been addressed, and
send a copy of the employer's
response to the person filing the
complaint
– Inspect the workplace
Note:
If the complaint is closed and additional
information is received from the person
filing the complaint disputing the
employer's written response, WISHA
may schedule an inspection
If the person who filed the original
complaint requests in writing that
WISHA review a decision not to
conduct an inspection, WISHA will
review the decision and notify the
person in writing of the results
If the person requesting the review is
not satisfied with the results of the
review, they may request a second
review by the assistant director or
designee
The complaint is within WISHA jurisdiction
and an inspection needs to be conducted
Conduct an inspection
Issue a citation and notice that shows
one of the following:
– Violations found
– No violations were found
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Table 2 WISHA Responses to Employee Complaints
For this determination:
WISHA will take the following actions:
Send a letter to the person filing the
complaint with inspection results
Reference: For citation and notice
information, turn to citation and notice,
WAC 296-900-130
The complaint is not within WISHA
jurisdiction
Send a written response to the person
filing the complaint explaining the
matter is not within WISHA jurisdiction
Note: WISHA may make a referral to the
proper authority
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WAC 296-900-130 Citation and notice.
Summary:
Employer responsibility: To notify employees when a citation and notice is received:
in this section:
WAC 296-900-13005
WAC 296-900-13010
WAC 296-900-13015
WAC 296-900-13005 Citation and notice.
Definition:
(1) A citation and notice is a document issued to an employer notifying them of:
(a) Inspection results.
(b) Any specific violations of WISHA safety and health requirements.
(c) Any monetary penalties assessed.
(d) Employer certification of correction requirements.
(e) WISHA will mail a citation and notice to you as soon as possible but not later than 6
months following any inspection or investigation.
(2) If violations are found, the citation and notice will include:
(a) A description of violations found.
(b) The amount and type of assessed penalties.
(c) The length of time given to correct the violations not already corrected during the
inspection.
(3) If no violations are found, a notice of inspection results will be sent stating that no
violations were found or penalties assessed.
WAC 296-900-13010 Copies of future citation and notices.
Employees or their representatives wishing to receive copies of citation and notices during the
next twelve months must:
(1) Submit a request for copy of citation and notice form to the following:
Department of Labor and Industries
Standards and Information
P.O. Box 44638
Olympia, WA 98504-4638
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Note: A request for copy of citation and notice form can be obtained by:
1. Calling 360-902-5553.
2. Contacting the local L&I office.
Reference: For a list of the local L&I offices, see the resource section of the
Safety and health core rules, chapter 296-800 WAC
What to expect from WISHA:
(2) WISHA may decide who will receive copies of the citation and notices if more than one
employee or employee representative requests a copy.
(3) WISHA may deny a request for copies of citation and notices if the person filing the
request is not an employee or employee representative.
(4) If WISHA grants the request for copies of citation and notices, the employee or employee
representative will:
(a) Receive an approval document from WISHA.
(b) Receive all citation and notices issued to that employer for the next 12 months.
(c) Continue receiving citation and notices for an additional 12 months if a one-year
extension is requested and approved.
WAC 296-900-13015 Posting citation and notices.
(1) You must immediately notify employees of a citation and notice by posting it and any
correspondence related to an employee complaint on the safety bulletin board for seven
working days, excluding weekends and holidays, or until all violations are corrected,
whichever time period is longer. As an option, an employer may use electronic means to
supplement the bulletin board, such as with telework employees.
(2) You must use any other appropriate means to notify employees who may receive notices
posted on the safety bulletin board. Examples of other appropriate means include sending a
copy by mail or electronically to any of the following:
(a) A designated employee representative.
(b) Safety representatives.
(c) The safety committee.
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WAC 296-900-140 Monetary penalties.
Summary:
Employer responsibility: To pay monetary penalties if assessed.
in this section:
WAC 296-900-14005
WAC 296-900-14010
WAC 296-900-14015
WAC 296-900-14020
Definitions:
“Base penalty” means that penalty amount calculated for a violation by considering
either specific statutory penalty amounts or the gravity of the violation.
“Division” or “DOSH” means the division of occupational safety and health,
Washington state department of labor and industries.
“Gravity” for purposes of calculating a penalty, means the amount calculated by
multiplying a violation's severity rate by its probability rate.
“Inpatient hospitalization” means formal admission to the inpatient service of a hospital
or an equivalent medical facility on an emergent basis for a work-related injury, or
illness.
“Monetary penalties” are fines assessed against an employer for violations of safety and
health requirements.
“Probability “ means a number that describes the likelihood that an injury, illness, or
disease will occur ranging from 1 (lowest) to 3 (highest).
“Severity” for purposes of calculating a penalty, means the most serious injury,
illness, or disease that could be reasonably expected to occur, ranging from 1 (lowest)
to 3 (highest), because of a hazardous condition.
“Standard penalty” means any penalty that does not have an otherwise designated
minimum amount.
“WISHA” means the Washington Industrial Safety and Health Act.
WAC 296-900-14005 Reasons for monetary penalties.
DOSH may assess monetary penalties when a citation and notice is issued for any
violation of safety and health rules or statutes.
DOSH will assess monetary penalties under the following conditions:
– When a citation and notice is issued for a serious, willful, or egregious violation.
– When civil penalties are specified by statute as described in RCW 49.17.180.
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Note: In addition to penalties specified by WISHA, there are penalties
specified by other statutes, such as:
Asbestos construction projects, RCW 49.26.016.
Right to know (RTK)-SDS, RCW 49.70.190.
Right to know-Penalty for late payment, RCW 49.70.177.
The minimum civil penalties assessed by DOSH are:
– One hundred dollars for any standard penalty.
– Two thousand five hundred dollars per violation for serious violations contributing
to a fatality.
– Five thousand dollars per violation for all willful violations unless set to a specific
higher amount by the federal Occupational Safety and Health Administration under
29 C.F.R. 1903.15 and this state is required to equal the higher penalty amount to
qualify as a state plan state.
– Two hundred fifty dollars per day for asbestos good faith inspection (RCW
49.26.016 and 49.26.013).
WAC 296-900-14010 Base penalties.
DOSH calculates the base penalty for a violation by considering the following:
– Specific amounts that are dictated by statute; or
– By assigning a weight to a violation, called “gravity.” Gravity is calculated by
multiplying a violation's severity rate by its probability rate. Expressed as a
formula:
Gravity .= Severity x Probability
Note: Most base penalties are calculated by the gravity method.
Severity and probability are established in the following ways:
Severity:
– Severity rates are based on the most serious injury, illness, or disease that could be
reasonably expected to occur because of a hazardous condition.
– Severity rates are expressed in whole numbers and range from 1 (lowest) to 3
(highest).
– Tables 3 and 4 are used to determine the severity rate for a violation.
Table 3 Severity – Serious Violations
3
Death
Injuries involving permanent disability
Chronic, irreversible illness
2
Disability of a limited nature
Injuries or reversible illnesses resulting in hospitalization
1
Injuries or temporary, reversible illnesses resulting in serious physical
harm
May require removal from exposure or supportive treatment without
hospitalization for recovery
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Table 4 Severity – General Violations
General violation
Conditions that could cause injury or illness to an employee but would
not result in serious physical harm
Probability:
Definition:
A probability rate is a number that describes the likelihood that an injury, illness, or disease will
occur ranging from 1 (lowest) to 3 (highest). See Table 5.
– When determining probability, DOSH considers a variety of factors, depending on
the situation, such as:
Frequency and amount of exposure.
Number of employees exposed.
Instances, or number of times the hazard is identified in the workplace.
How close an employee is to the hazard, i.e., the proximity of the employee to the
hazard.
Weather and other working conditions.
Employee skill level and training.
Employee awareness of the hazard.
The pace, speed, and nature of the task or work.
Use of personal protective equipment.
Other mitigating or contributing circumstances.
Table 5 Probability
3
If the factors considered indicate the
likelihood of injury or illness would be
relatively high
2
If the factors considered indicate the
likelihood of injury or illness would be
moderate.
1
If the factors considered indicate an
injury or illness could occur, but the
likelihood would be relatively low
– Table 6 is used to determine the dollar amount for each gravity-based penalty,
unless otherwise specified by statute.
Table 6 Gravity Based Penalty – Serious Violations
Severity x Probability = Gravity
9 High
$7,000
6
$6,000
4
$4,000
3
$3,000
2
$2,000
1 Low
$1,000
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The minimum penalty for a standard serious violation = one hundred dollars.
(A penalty is required by statute for a serious violation; where adjustments would result in a
penalty below the minimum, the minimum will be applied.)
The maximum statutory penalty for a serious violation will be the maximum civil penalty
established by the federal Occupational Safety and Health Administration 29 C.F.R. 1903.15.or
seven thousand dollars, whichever is more.
Links:
Occupational Safety and Health Administration – OSHA penalties.
Occupational Safety and Health Administration 29 C.F.R. 1903.15 Proposed penalties.
RCW 49.17.180 Violations – Civil penalties.
Table 7 General Violations Penalty
General violation (first time
nonstatutory)
$0
General violation base penalty
$200
A penalty is not applied to first time general violations. The base penalty is used to calculate the
penalty for willful, repeat, or failure to abate general violations.
WAC 296-900-14015 Base penalty adjustments.
Tables 8 through 11 describe the various factors DOSH considers when adjusting a base
penalty, and the effect on the fine.
– The minimum adjusted base penalty for any standard violation carrying a penalty is
one hundred dollars.
– The minimum adjusted penalty for serious violations contributing to a fatality is two
thousand five hundred dollars.
– The minimum penalty for willful violations is five thousand dollars per violation
unless set to a specific higher amount by the federal Occupational Safety and Health
Administration under 29 C.F.R. 1903.15 and this state is required to equal the higher
penalty amount to qualify as a state plan state.
– The maximum adjusted base penalty for a violation will be the maximum penalty
established by the federal Occupational Safety and Health Administration under 29
C.F.R. 1903.15 or seven thousand dollars, whichever is more.
No adjustments are made to minimum penalty amounts specified by statute.
Table 8 Employer Inspection History
History Assessment
Penalty Adjustment
Above Average:
Previous inspections with less than one
serious violation on average and no willful,
repeat, or failure to abate violations.
-10%
Average:
No previous inspections or inspections with
less than two serious violations on
average.
None
Below Average:
Previous inspections with willful, repeat, or
failure to abate violations or inspections
+10%
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Table 8 Employer Inspection History
History Assessment
Penalty Adjustment
with two or more serious violations on
average.
History is based on the prior three years statewide.
No reduction is given for violations classified as willful, repeat, failure to abate, or
violations contributing to an inpatient hospitalization with an assigned gravity of 6
or 9 or any violations contributing to a fatality.
Table 9 Good Faith
Good Faith
Penalty Adjustment
Good
-20%
Average
None
Below Average
+20%
Based on:
Evidence of an overall safety and health program, including a written accident
prevention program (APP), other required written programs, training, etc.
Efforts to fully communicate safety and health policies.
Employees are clearly involved in the safety and health programs.
Management's commitment at all levels is apparent.
Employer's injury and illness rate.
No reduction is given for violations classified as willful, repeat, failure to abate.
Table 10 Abatement Quick Fix Reduction
Immediate correction of hazard
provided such corrective action is
substantial and not temporary or
superficial
-15%
No reduction is given for:
Violations classified as willful, repeat, or failure to abate.
Violations contributing to an inpatient hospitalization or fatality, or to any incidents
resulting in serious injuries to employee.
Blatant violations that are easily corrected or “abated” due to the short-term duration of
work at a specific location.
Table 11 Size of Workforce
Number of Employees
Penalty Adjustment
1-10
-70%
11-25
-60%
26-100
-40%
101-250
-20%
251 or more
None
Based on workforce size nationwide.
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WAC 296-900-14020 Increases to adjusted base penalties.
Tables 12 through 14 describe circumstance where an increase may be applied by DOSH
to an adjusted base penalty.
Table 12 Repeat Violations
(Increases the adjusted penalty, after willful assessment)
1
st
time x 2
2
nd
time x 5
3
rd
time x 8
4
th
time x 12
5
th
time X 15
History is based on the prior three years.
The maximum statutory penalty will be the maximum civil penalty established by the
federal Occupational Safety and Health Administration under 29 C.F.R. 1903.15 or
seventh thousand dollars, whichever is more.
Note: For repeat willful violations the repeat adjustment is applied after the
willful assessment.
Table 13 Willful Violations
Multiply the adjusted base penalty by 10
No reduction is given for good faith, history, or abatement quick fix.
The minimum statutory penalty for willful violations is five thousand dollars per violation unless
set to a specific higher amount by the federal Occupational Safety and Health Administration 29
C.F.R. 1903.15 and this state is required to equal the higher penalty amount to qualify as a state
plan state.
The maximum statutory penalty will be the maximum civil penalty established under the federal
Occupational Safety and Health Administration under the federal Occupational Safety and
Health Administration under 29 C.F.R. 1903.15 or seventy thousand dollars, whichever is more.
Table 14 Failure to Abate
Increases the adjusted base penalty:
Adjusted base penalty is multiplied by the number of calendar days past the
correction date, with a minimum of five days
No reduction in the base penalty is given for good faith, history, or
abatement quick fix.
The maximum statutory penalty will be the maximum civil penalty established by the federal
Occupational Safety and Health Administration under29 C.F.R. 1903.15 or seven thousand
dollars, whichever is more, per day if violation is not corrected.
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Table 15 Egregious Violation
If the violation was willful and at least one of
the following:
The adjusted base penalty may be
increased as follows:
With a separate penalty issued for each
instance, the employer fails to follow a
specific requirement.
The violation resulted in worker fatalities, a
worksite catastrophe, or large number of
injuries or illnesses.
The violation resulted in persistently high
rates of worker injuries or illnesses.
The employer has an extensive history of
prior violations.
The employer has intentionally disregarded
its safety and health responsibilities.
The employer’s conduct taken as a whole
amounts to clear bad faith in the
performance of his/her duties.
The employer has committed a large
number of violations so as to undermine
significantly the effectiveness of any safety
and health program that might be in place.
Table 16 Penalty Calculation Method
All penalty adjustments factors are summed.
History: Up to a 10% reduction
Good Faith: Up to a 20% reduction
Quick Fix: Up to a 15% reduction
Size: Up to a 70% reduction
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WAC 296-900-150 Certifying violation corrections.
Summary:
Employer responsibility:
(1) To certify that violations to safety and health requirements have been corrected.
(2) To submit, if required:
(a) Additional information.
(b) Correction action plans.
(c) Progress reports.
(3) To comply with correction due dates.
(4) To tag cited moveable equipment to warn employees of a hazard.
(5) To inform affected employees that each violation was corrected.
in this section:
WAC 296-900-15005
WAC 296-900-15010
WAC 296-900-15015
WAC 296-900-15020
WAC 296-900-15025
WAC 296-900-15030
WAC 296-900-15005 Certifying violation correction.
Definition:
A correction date is the date by which you must meet the WISHA requirements listed on either
a: Citation and notice (C&N); or a corrective notice of redetermination (CNR).
(1) You must certify in writing within 10 calendar days following the correction date shown on
the C&N that each violation has been corrected. Include the following:
(a) Employer name and address.
(b) The inspection number involved.
(c) The citation and item numbers which have been corrected.
(d) The date each violation was corrected and the method used to correct them.
(e) A statement that both:
(i) Affected employees and their representatives were informed that each violation
was corrected; and
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(ii) The information submitted is accurate.
(f) Employer's signature or the signature of employer's designated representative.
Note: Certification is not required if the WISHA compliance officer indicates
in the C&N, or a reassumption hearings officer indicates in a CNR, that
they have already been corrected.
(2) You must submit additional documentation for willful or repeated violations,
demonstrating that they were corrected. This documentation may include, but is not limited
to:
(a) Evidence of the purchase or repair of equipment.
(b) Photographic or video evidence of corrections.
(c) Other written records.
(3) You must submit additional documentation for serious violations when required in the
C&N or CNR.
WAC 296-900-15010 Violation correction action plans.
(1) You must submit a written violation correction action plan within 25 calendar days from
the final order date when the citation and notice or corrective notice of redetermination
requires it. Include all of the following in the violation correction action plan:
(a) Identification of the violation.
(b) The steps that will be taken to correct the violation.
(c) A schedule to complete the steps.
(d) A description of how employees will be protected until the corrections are completed.
What to expect from WISHA:
(2) WISHA will notify you in writing only if your plan is not adequate, and describe necessary
changes.
WAC 296-900-15015 Progress reports.
(1) You must submit written progress reports on corrections when required in the citation and
notice (C&N) or corrective notice of redetermination (CNR), and briefly explain the:
(a) Status of each violation.
(b) Action taken to correct each violation.
(c) Date each action has or will be taken.
What to expect from WISHA:
(2) WISHA will state in the C&N or CNR if progress reports are required, including:
(a) Items that require progress reports.
(b) Date when an initial progress report must be submitted. The initial progress report is
due no sooner than 30 calendar days after you submit a correction action plan.
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(c) Whether additional progress reports are required, and the dates by which they must be
submitted.
WAC 296-900-15020 Timeliness of violation correction documents.
What to expect from WISHA: WISHA will determine the timeliness of violation correction
documents by reviewing the following:
(1) The postmark date for documents sent by mail.
(2) The date received by other means, such as personal delivery or fax.
WAC 296-900-15025 Inform employees about violation correction.
(1) You must inform employees about violation corrections by doing the following:
(a) Post a copy of each violation correction document submitted to WISHA, or a
summary, near the place where the violations occurred, if practical. If posting near
the place where the violation occurred is not practical, such as with a mobile work
operation, post in a place readily accessible to affected employees or take other steps
to fully communicate actions taken to affected employees or their representatives.
(b) Keep violation correction information posted for at least 3 working days after
submitting the correction documents to WISHA.
(c) Give notice to employees and their representatives on or before the date you submit
correction information to WISHA.
(d) Make sure that all posted correction documents are not altered, defaced, or covered
by other materials.
(2) You must inform employees and their representatives of their right to examine and copy all
correction documents submitted to WISHA. If they ask to examine or copy documents
within three working days of receiving notice that the documents were submitted to
WISHA, provide access or copies no later than 5 days after receiving their request.
WAC 296-900-15030 Tag moveable equipment.
(1) You must tag moveable equipment that has been cited to warn employees if a hazard has
not been corrected, as follows:
(a) Attach a warning tag or a copy of the citation to the equipment's operating controls or
to the cited component.
(b) For hand-held equipment, tag it immediately after you receive a citation.
(c) For other equipment, tag it before moving it within the worksite or between
worksites.
Note: The tag should warn employees about the nature of the violation and tell
them where the citation is posted.
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Reference: For a sample tag that meets this requirement, go to helpful tools,
sample tag for cited moveable equipment, in the resources
section of this chapter.
(2) You must make sure that the tag or copy of the citation attached to movable equipment is
not altered, defaced, or covered by other materials.
(3) You must keep the tag or copy of the citation attached to movable equipment until one of
the following occurs:
(a) Violations have been corrected and all certification documents have been submitted
to WISHA.
(b) Cited equipment is permanently removed from service.
(c) The final order from an appeal vacates (voids) the violation.
Note: Safety standards for construction work, chapter 296-155 WAC, has
information on warning tags. You can use warning tags that meet those
requirements instead of the warning tags required by this rule.
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WAC 296-900-160 More time to comply.
Summary:
Your responsibility: To submit timely requests when more time is needed to correct violations.
To post requests for more time for employees.
in this section:
WAC 296-900-16005
WAC 296-900-16010
WAC 296-900-16015
WAC 296-900-16020
WAC 296-900-16025
WAC 296-900-16030
WAC 296-900-16005 Requesting more time to comply.
Important:
You can request more time to correct violations if they:
1. Have made a good faith effort to correct the violation.
2. Have not corrected the violation because of factors beyond their control.
(1) You must submit any requests for more time to correct violations in writing. Requests
must be received or postmarked before midnight of the correction date shown on the
citation and notice (C&N) or corrective notice of redetermination (CNR), and include:
(a) The business name.
(b) The address of the workplaces.
(c) The citation and the correction dates to be extended.
(d) The new correction date and length of correction period being requested.
(e) A description of the actions that have been, and are being, taken to meet the
correction dates in the C&N or CNR.
(f) Factors preventing correction of violations by the date required.
(g) The means that will be used to protect employees while the violation is being
corrected.
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(h) Certification that the request for correction date extension has been posted, and if
appropriate, certification that a copy was delivered to affected employees or their
representatives.
(i) Employer's signature or the signature of the employer's representative.
(j) Date.
(2) You must submit requests by one of the following methods:
(a) First class mail, postage prepaid to any L&I office.
(b) Take to any L&I office.
(c) Fax to the number shown in the C&N.
Reference: For a list of the local offices, see the resources section of the
Safety and health core rules, chapter 296-800 WAC.
What to expect from WISHA:
(3) WISHA may accept late requests if they are both:
(a) Received within 5 days following the related correction date; and
(b) Accompanied by your written statement explaining the exceptional circumstances
that caused the delay.
Note: WISHA does not accept late requests when compliance activity has
already started.
(4) WISHA may respond to telephone requests or personal conversations asking for more time
to comply if timely, and followed up in writing within 24 hours.
(5) WISHA may conduct an investigation before making a decision whether to grant a request
for more time.
(6) WISHA will make a decision whether or not to grant the employer more time. Once made,
the decision remains in effect unless an employee or employee representative requests a
hearing.
(7) WISHA will keep the original correction date in effect unless a notice granting more time
is sent.
WAC 296-900-16010 Post WISHA's response to requests for more time.
(1) You must post notices from WISHA approving additional time to correct citations, with the
related citation, immediately upon receipt.
(2) You must keep the notices posted until one of the following occur:
(a) The correction date has passed.
(b) A hearing notice is requested and posted.
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WAC 296-900-16015 Correction date hearing requests.
Important:
1. Affected employees or their designated representatives may request a
hearing if they disagree with WISHA's decision to grant an employer
more time to correct a violation.
2. Employers may request a hearing if WISHA denies their request for
more time to correct a violation.
You, your employees, or their representatives must send requests for hearings, if desired, in
writing no later than 10 calendar days after the issue date of the notice granting more time to
correct a violation to:
Mail to:
Assistant Director for WISHA Services
Attn: WISHA Appeals
P.O. Box 44604
Olympia, WA 98504-4604
Fax to: 360-902-5581
Take to any department service location.
Reference: For a list of the local offices, see the resources section of the
Safety and health core rules, chapter 296-800 WAC.
WAC 296-900-16020 Post WISHA's violation correction hearing notice.
You must post WISHA's hearing notice or a complete copy until the hearing is held, along with
the:
(1) Citation containing the correction date for which more time was requested.
(2) Department notices issued in response to the employer's request for more time.
WAC 296-900-16025 Violation correction hearing procedures.
What to expect from WISHA:
(1) After receiving a hearing request, the assistant director for WISHA services will appoint
someone from WISHA to act as a hearings officer.
(2) The hearings officer:
(a) Will send a hearing notice to the employer and employee at least 20 days before the
hearing date that includes all of the following:
(i) A statement that all interested parties can participate in the hearing.
(ii) The time, date, and place of the hearing.
(iii) A short and clear explanation why a hearing was requested.
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(iv) The nature of the proceeding, including the specific sections of the statute or
rule involved.
(v) The legal authority and jurisdiction under which the hearing will be held.
(b) May discuss the material to be presented to determine how the hearing will proceed.
(3) An assistant attorney general may be present at the hearing to give legal advice to the
hearings officer.
(4) The hearing will be conducted by either:
(a) The hearings officer; or
(b) The assistant attorney general, if requested by the hearings officer.
(5) After the hearing, WISHA will issue an order that either affirms or modifies the correction
date that caused the hearing.
WAC 296-900-16030 Post the violation correction hearing decision.
You must post a complete, unedited copy of the order affirming or modifying the correction date
as soon as it is received, along with the applicable citation.
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WAC 296-900-170 Appeals.
Summary:
Employer responsibility: To post information regarding appeals in a conspicuous area where
notices to employees are normally posted:
in this section:
WAC 296-900-17005
WAC 296-900-17006
WAC 296-900-17010
WAC 296-900-17015
WAC 296-900-17005 Appealing a citation and notice (C&N).
Important:
1. Employers may appeal C&Ns.
2. Employees of the cited employer, or their designated representatives,
may only appeal abatement dates.
3. The filing of an appeal does not stay the abatement date for violations
classified as serious, willful, repeat serious, or failure to abate serious.
Employers may request a stay of abatement date for these classifications
when they appeal a C&N.
(1) You must, when appealing, submit a written appeal to DOSH within fifteen working days
after receiving the C&N. Include the following information:
(a) Business name, address, and telephone number.
(b) Name, address, and telephone number of any employer representative.
(c) C&N number.
(d) What you believe is wrong with the C&N and any related facts.
(e) What you believe should be changed, and why.
(f) Requests for stay of abatement date according to WAC 296-900-17006.
(g) A signature and date.
(2) You must send appeals in any of the following ways:
– Mail to:
Assistant Director for DOSH Services
Attn: DOSH Appeals
P.O. Box 44604
Olympia, WA 98504-4604
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– Fax to: 360-902-5581
– Electronically to: [email protected]
– Take to any department service location.
Reference: See the resources section of the Safety and health core rules,
chapter 296-800 WAC, for a list of the local offices.
Note: The postmark is considered the submission date of a mailed request.
(3) Employees or their designated representatives must, when appealing C&N abatement dates,
submit a written request to DOSH within fifteen working days after the C&N is received.
Include the following information:
(a) Name of employee, address, telephone number.
(b) Name, address, and telephone number of any designated representative.
(c) C&N number.
(d) What is believed to be wrong with the abatement date.
(e) A signature and date.
(4) Employees or their designated representatives must send appeals in any of the following
ways:
– Mail to:
Assistant Director for DOSH Services
Attn: DOSH Appeals
P.O. Box 44604
Olympia, WA 98504-4604
– Fax to: 360-902-5581
– Electronically to: [email protected]
– Take to any L&I service location.
Reference: See the resources section of the Safety and health core rules,
chapter 296-800 WAC, for a list of the local offices.
Note: The postmark is considered the submission date of a mailed request.
What to expect from DOSH:
(5) After receiving an appeal, DOSH will do one of the following:
(a) Reassume jurisdiction over the C&N, and notify the person who submitted the
appeal.
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(b) Forward the appeal to the board of industrial insurance appeals. The board will send
the person submitting the appeal a notice with the time and location of any board
proceedings.
Definition:
Reassume jurisdiction. DOSH has decided to provide the employer with an informal conference
to discuss their appeal.
(6) When reassuming jurisdiction over a C&N, DOSH has thirty working days after receiving
the appeal to review it, gather more information, and decide whether to make changes to
the C&N. The review period:
(a) Begins the first working day after the appeal is received. For example, if an appeal is
received on Friday, the thirty days will begin on the following Monday unless it is a
state holiday.
(b) May be extended up to forty-five additional working days, if everyone involved
agrees and signs an extension agreement within the initial thirty-day period.
(c) Will include an informal conference about the appeal that is an opportunity for
interested parties to:
(i) Briefly explain their positions.
(ii) Provide any additional information they would like DOSH to consider when
reviewing the C&N.
(iii) Provide any additional information they would like DOSH to consider when
reviewing stay of abatement date requests.
Note:
DOSH might reassume jurisdiction over a C&N to do any of the following:
1. Provide an employer and affected employees an opportunity to present
relevant information, facts, and opinions during an informal conference.
2. Give an employer, affected employees, and the department an opportunity
to resolve appeals rapidly and without further contest, especially in
routine compliance cases.
3. Educate employers about the C&N, the DOSH appeals process, and
DOSH compliance.
4. Review citations, penalties, and abatement dates. Although informal, the
conference is an official meeting and it may be either partially or totally
recorded. Participants will be told if the conference is recorded.
5. Review requests to stay abatement dates.
(7) On or before the end of the thirty working day review period, or up to seventy-five working
days if everyone agrees to the extension of up to forty-five additional working days, DOSH
will issue a corrective notice of redetermination that:
(a) Reflects any changes made to the C&N.
(b) Grants or denies requests to stay abatement dates and includes the basis of the
decision.
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(c) Is sent to the employer, employees, and employee representatives participating in the
appeal process.
WAC 296-900-17006 Stay of abatement date request.
(1) Employers may request stay of abatement dates for any violation classified serious, willful,
repeat serious, or failure to abate serious. Stay requests must be made in the notice of
appeal under WAC 296-900-17005.
(2) Stay requests must include:
(a) Each violation and item number for which a stay is requested.
(b) The reason for the stay request.
(3) DOSH will review requests for stay of abatement dates for each violation requested.
DOSH will stay the abatement date when an appeal is filed for any serious, willful, repeat
serious, or failure to abate serious violation where DOSH cannot determine that the
preliminary evidence shows a substantial probability of death or serious physical harm to
workers.
(4) The basis for decisions on stay requests will be in the CNR.
(5) If a stay of abatement date is granted in the CNR and the employer appeals the CNR, the
stay will remain in place until there is a final order on the appeal.
(6) If a stay of abatement date is denied in the CNR and the employer appeals the CNR further,
the request for a stay of abatement date must be renewed according to WAC 296-900-
17010.
(7) There is no requirement to abate a violation for which a stay request is pending.
WAC 296-900-17010 Appealing a corrective notice of redetermination (CNR).
Important:
1. Employers may appeal CNRs.
2. Employees who could be affected by a CNR, or their designated
representatives, may appeal abatement dates.
3. Employers must renew requests to stay abatement dates if a stay is
denied when they appeal CNRs.
(1) You must appeal a CNR, if desired, in writing within fifteen working days after it was
received to the:
Board of Industrial Insurance Appeals
2430 Chandler Court S.W.
P.O. Box 42401
Olympia, WA 98504-2401
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(2) You must send a copy of the appeal to the CNR to the:
Assistant Director for DOSH Services
Attn: DOSH Appeals
P.O. Box 44604
Olympia, WA 98504-4604
Fax to: 360-902-5581
Take to any department service location.
WAC 296-900-17015 Posting appeals.
You must immediately post notices and information related to any appeal or stay of abatement
date request in the same place where DOSH citation and notices (C&Ns) are posted. These
notices and information include:
(1) The notice of appeal, until the appeal is resolved.
(2) Notices about DOSH reassuming jurisdiction, and any extension of the review period until
the end of review period.
(3) A notice of an informal conference until after the conference is held.
(4) A corrective notice of redetermination for as long as C&Ns are to be posted.
Reference: For C&N posting requirements, see Posting citation and notices,
WAC 296-900-13015.
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WAC 296-900-175 Safety and health investment projects.
WAC 296-900-17505 Scope and purpose.
(1) The program for safety and health investment projects (SHIP) was established during the
2011 legislative session to provide funding for safety and health projects for workplaces
insured for workers’ compensation through the department’s state fund. The purpose of
these projects shall be to: Prevent workplace injuries, illnesses, and fatalities; create early
return to work programs; and reduce long-term disability through the cooperation of
employers and employees or their representatives.
(2) Funds for awards shall be distributed as follows:
(a) At least twenty-five percent for projects designed to develop and implement
innovative and effective return-to-work programs for injured workers;
(b) At least twenty-five percent for projects that specifically address the needs of small
businesses; and
(c) At least fifty percent for projects that foster workplace injury and illness prevention
by addressing priorities identified by the department in cooperation with the
Washington Industrial Safety and Health Act advisory committee and the workers’
compensation advisory committee.
WAC 296-900-17515 Eligibility.
(1) All projects must address the needs of employers and employees covered by the
department’s state fund.
(2) Projects must have clearly identified:
(a) Objectives and work plan;
(b) Products; and
(c) Criteria for evaluating the success of the project.
(3) Awards may be granted to any agency, firm, organization, individual or other legal entity
such as, but not limited to, the following:
(a) Trade associations;
(b) Business associations;
(c) Employers (including but not limited to private, public, nonprofit, or self-insured
employers if collaborating with medical aid fund employers);
(d) Employees;
(e) Labor unions;
(f) Employee organizations;
(g) Joint labor and management groups;
(h) Educational institutions in collaboration with state fund employer and employee
representatives;
(i) Others deemed appropriate by L&I;
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(4) SHIP funds may not be used for:
(a) Lobbying or political activities;
(b) Supporting, opposing, or developing legislative or regulatory initiatives;
(c) Any activity not designed to reduce workplace injuries, illnesses, or fatalities; or
(d) Reimbursing employers for the normal costs of complying with safety and health
rules.
WAC 296-900-17520 Advisory committee.
(1) The department will create a SHIP advisory committee (SAC) that will be a subcommittee
of the WISHA advisory committee and will advise the department on program policy
issues and participate in the grant application review process. The SAC will have eight to
ten members, including equal numbers of employer and employee representatives, and
others with relevant experience and expertise. Members will be appointed to serve three-
year renewable terms by the assistant director of the division of occupational safety and
health (DOSH). The initial term for half of the first group of appointees will be eighteen
months. SAC membership will include:
(a) At least one employer representative from the WISHA advisory committee or an
employer representative recommended by the WISHA advisory committee employer
representatives; and
(b) At least one employee representative from the WISHA advisory committee or an
employee representative recommended by the WISHA advisory committee employee
representatives.
(2) The SAC will be supplemented by ad hoc grant review committees consisting of selected
members of the SAC together with other individuals with experience and expertise in the
specific topic areas under review. Members of such ad hoc grant review committees will
be appointed by the assistant director for DOSH, taking into consideration
recommendations from the SAC and WISHA advisory committee.
(3) All meetings of the SAC will be convened and chaired by the assistant director for DOSH
or designee.
(4) The SAC will provide the following assistance:
(a) Advice on SHIP policy issues to DOSH and the WISHA advisory committee;
(b) Make recommendations to DOSH and the WISHA advisory committee regarding
funding priority areas;
(c) Review and comment on funding recommendations made by grant review
committees to the assistant director of DOSH;
(d) Keep records of the SACs decisions;
(e) Develop and maintain communication networks in the community.
(f) SAC and grant review committee members will disclose to the department any
potential conflicts of interest with specific project applications, whether direct or
indirect. The department will determine whether a member’s connection to a project
should result in recusal from voting on the project. The department’s decision and
reasons supporting the decision will be documented in the meeting minutes.
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(5) SAC and grant review committee members will not disclose any information about
applications to anyone not authorized access to the information by law or regulation.
WAC 296-900-17525 Application.
(1) The department will periodically prepare grant application packets that will be available on
the department’s web site.
(2) Applicants must complete the entire application to be considered for project funding.
Incomplete applications or those submitted after a posted deadline will not be considered
for funding.
(3) Some funding cycles may include limitations on the maximum amount that will be
awarded for any proposal. Limitations, if any, will be posted on the department’s web site
or in current application packets.
(4) All products developed as a result of an approved SHIP project belong in the public
domain and their dissemination and use shall not be restricted in any way. Such products
may not be copyrighted, patented, claimed as trade secrets, or otherwise restricted in any
other way. The department retains the right to publish or otherwise disseminate these
products as the department in its sole discretion deems appropriate.
(5) The department will not use information contained in submitted application packets as the
basis for the initiation of compliance inspections or the issuance of citations and/or
penalties to applicants, under WISHA, chapter 49.17.RCW. However, employers are not
exempt from compliance inspections initiated for other reasons because they submitted an
application packet.
(6) Projects may include, but are not limited to:
(a) The development and implementation of innovative and effective return-to-work
programs for injured workers;
(b) The development of technical innovation and engineering controls for the recognition
and control of workplace hazards;
(c) Best practices for workplace safety and health programs;
(d) Education and training;
(e) Efforts that address the needs of small businesses;
(f) Priorities identified by DOSH in cooperation with the WISHA advisory committee
and the workers’ compensation advisory committee;
(g) Initiatives intended to build organizational capacity in workplace safety and health;
and
(h) Other projects that foster injury and illness prevention through cooperation between
employers and employees or their representatives.
WAC 296-900-17530 Review and approval of proposals.
(1) DOSH staff will:
(a) Review applications to make sure they meet application criteria;
(b) Conduct substantive evaluations of eligible applications;
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(c) Forward applications along with scored evaluations and funding recommendations to
the assistant director for DOSH and a designated grant-review committee.
(2) The designated grant-review committee will:
(a) Review project applications and the accompanying DOSH evaluations and
recommendations;
(b) Evaluate each project application and provide concurrence or dissension with DOSH
evaluation and funding recommendations;
(c) Prioritize and select, by a majority vote of the eligible voting members, those projects
recommended for funding;
(d) Forward funding recommendations to the SAC and the assistant director of DOSH.
(3) The assistant director of DOSH, after consulting with the SAC, will make a final decision
on project approval and funding.
(a) Safety and health projects, regardless of size, will be based on the ability of the
project to foster accident prevention through cooperation between employers and
employees or their representatives; the likelihood of reducing workplace injuries,
illnesses, or fatalities; and by the ability of the applicant to achieve project goals.
Assessment will be based on an objective scoring method developed by the
department.
(b) Return-to-work project approval, regardless of size, will be based on the ability of the
project to foster return-to-work through cooperation between employers and
employees or their representatives, the likelihood of increasing return-to-work, and
the ability of the applicant to achieve project goals. Assessment will be based on an
objective scoring method developed by the department.
(c) If the assistant director rejects an application the grant-review committee has
recommended for funding or approves an application the grant-review committee
recommended for denial, the assistant director will provide a written explanation to
the SAC. The SAC may request reconsideration of such a decision by a majority vote
of the voting members, with a minority report allowed. The assistant director will
reconsider the decision in consultation with the director.
(4) Applicants will be notified in writing when their application is approved or not approved
for funding.
(5) Upon approval of an application and before project activities begin, the department and the
applicant will enter into a written agreement. The agreement will:
(a) Include the approved application packet in its entirety, which outlines the project
scope and timelines, activities, work plan, milestones, and products; and
(b) Spell out the terms and conditions governing the project, project participants, and the
products resulting from the project.
WAC 296-900-17535 Monitoring.
DOSH staff will monitor projects for compliance with award terms and achievement of approved
project milestones and/or outcomes.
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(1) Milestones are intermediate targets or goals that are defined in the project applications.
Ongoing funding will be tied to the achievement of approved milestones (including but not
limited to accounting for grant funds).
(2) Outcomes are the final products that will be produced by the project.
WAC 296-900-17540 Suspension or revocation of funding.
(1) The assistant director of DOSH may suspend or revoke funding for a project if advised by
the SHIP program staff or the SAC that:
(a) The recipient is not incompliance with project award terms;
(b) There are unapproved funding expenditures; or
(c) There are compelling and substantive reasons.
(2) Any suspension or revocation will:
(a) Be in writing and delivered by either personal service or certified mail. The
suspension or revocation will be effective upon service or five days after being
mailed by certified mail;
(b) Include the reasons for suspension or revocation; and
(c) Be subject to appeal as described in chapter 34.05 RCW, the Administrative
Procedures Act and contain an explanation of how to appeal the department’s
decision.
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Statutory Authority
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WAC 296-900-099 Definitions.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-099, filed 09/05/2017, effective
10/06/2017.]
WAC 296-900-100 Scope.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-100, filed 09/05/2017, effective
10/06/2017. RCW 49.17.010, .040, .050, .060, RCW 49.17.210 and Chapter 522 Laws of 2007. 08-03-025 (Order 07-27), § 296-
900-100, filed 01/08/2008, effective 02/08/2008. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-
15), § 296-900-100, filed 02/21/06, effective 04/01/06.]
WAC 296-900-110 Variances.
Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-110, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-110, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-11005 Applying for a variance.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-11005, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-11005, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-11010 Interim orders.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-11010, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-11010, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-11015 Renewing a temporary variance.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-11015, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-11015, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-11020 Changing a variance.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-11020, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-11020, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-11025 Variance hearings.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-11025, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-11025, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-120 Inspections.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-120, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-120, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-12005 WISHA inspections.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-12005, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-12005, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-12010 Inspection techniques.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-12010, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-12010, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-12015 Complaints.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-12015, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-12015, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-130 Citation and Notice.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-130, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .020, .040, .050, and .060. 07-03-163 (Order 06-30), § 296-900-130, filed
01/24/07, effective 04/01/07. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-130,
filed 02/21/06, effective 04/01/06.]
WAC 296-900-13005 Citation and notices.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-13005, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-13005, filed 02/21/06,
effective 04/01/06.]
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WAC 296-900-13010 Copies of future citations and notices.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-13010, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-13010, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-13015 Posting citation and notices.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-13015, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-13015, filed 02/21/06,
effective 04/01/06.]
WAC 2906-900-140 Monetary penalties.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 19-01-097 (Order 18-17), § 296-900-140, filed 12/18/2018, effective
01/21/2019. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 15-13-049 (Order 14-05) § 296-900-140, filed 06/09/15,
effective 09/01/15. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-140, filed
02/21/06, effective 04/01/06.]
WAC 296-900-14005 Reasons for monetary penalties.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 19-01-097 (Order 18-17), § 296-900-14005, filed 12/18/2018, effective
01/21/2019. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 15-13-049 (Order 14-05) § 296-900-14005, filed 06/09/15,
effective 09/01/15. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-14005, filed
02/21/06, effective 04/01/06.]
WAC 296-900-14010 Base penalties.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 19-01-097 (Order 18-17), § 296-900-14010, filed 12/18/2018, effective
01/21/2019. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 15-13-049 (Order 14-05) § 296-900-14010, filed 06/09/15,
effective 09/01/15. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-14010, filed
02/21/06, effective 04/01/06.]
WAC 296-900-14015 Base penalty adjustments.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 19-01-097 (Order 18-17), § 296-900-14015, filed 12/18/2018, effective
01/21/2019. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 15-13-049 (Order 14-05) § 296-900-14015, filed 06/09/15,
effective 09/01/15. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-14015, filed
02/21/06, effective 04/01/06.]
WAC 296-900-14020 Increases to adjusted base penalties.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 19-01-097 (Order 18-17), § 296-900-14020, filed 12/18/2018, effective
01/21/2019. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 15-13-049 (Order 14-05) § 296-900-14020, filed 06/09/15,
effective 09/01/15. Statutory Authority: RCW 49.17.010, .020, .040, .050, and .060. 07-03-163 (Order 06-30), § 296-900-14020,
filed 01/24/07, effective 04/01/07. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-
14020, filed 02/21/06, effective 04/01/06.]
WAC 296-900-150 Certifying violation corrections.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-150, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .020, .040, .050, and .060. 07-03-163 (Order 06-30), § 296-900-150, filed
01/24/07, effective 04/01/07. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-150,
filed 02/21/06, effective 04/01/06.]
WAC 296-900-15005 Certifying violation correction.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-15005, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-15005, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-15010 Violation correction action plans.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-15010, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-15010, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-15015 Progress reports.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-15015, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-15015, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-15020 Timeliness of violation correction documents.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-15020, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-15020, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-15025 Inform employees about violation correction.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-15025, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-15025, filed 02/21/06,
effective 04/01/06.]
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WAC 296-900-15030 Tag moveable equipment.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-15030, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-15030, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-160 More time to comply.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-160, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-160, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-16005 Requesting more time to comply.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-16005, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-16005, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-16010 Post WISHA's response to requests for more time.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-16010, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-16010, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-16015 Correction date hearing requests.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-16015, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-16015, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-16020 Post WISHA's violation correction hearing notice.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-16020, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-16020, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-16025 Violation correction hearing procedures.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-16025, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-16025, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-16030 Post the violation correction hearing decision.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-16030, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-16030, filed 02/21/06,
effective 04/01/06.]
WAC 296-900-170 Appeals.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-170, filed 09/05/2017, effective
10/06/2017. [Statutory Authority: RCWs 49.17.010, .040, .050, and .060. Chapter 91, Laws of 2011 (Engrossed Substitute Senate
Bill 5068). 12-02-055 (Order 11-09), § 296-900-170, filed 01/03/12, effective 07/01/12. Statutory Authority: RCW 49.17.010, .040,
.050, and .060. 06-06-20 (Order 05-15), § 296-900-170, filed 02/21/06, effective 04/01/06.]
WAC 296-900-17005 Appealing a citation and notice (C&N).
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-22-117 (Order 17-19), § 296-900-17005, filed 10/31/2017, effective
01/01/2018. Statutory Authority: RCWs 49.17.010, .040, .050, and .060. Chapter 91, Laws of 2011 (Engrossed Substitute Senate
Bill 5068). 12-02-055 (Order 11-09), § 296-900-17005, filed 01/03/12, effective 07/01/12. Statutory Authority: RCW 49.17.010,
.040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-17005, filed 02/21/06, effective 04/01/06.]
WAC 296-900-17006 Stay of abatement date request.
[Statutory Authority: RCWs 49.17.010, .040, .050, and .060. Chapter 91, Laws of 2011 (Engrossed Substitute Senate Bill 5068).
12-02-055 (Order 11-09), § 296-900-17006, filed 01/03/12, effective 07/01/12.]
WAC 296-900-17010 Appealing a corrective notice of redetermination (CNR).
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-17010, filed 09/05/2017, effective
10/06/2017. RCWs 49.17.010, .040, .050, and .060. Chapter 91, Laws of 2011 (Engrossed Substitute Senate Bill 5068). 12-02-
055 (Order 11-09), § 296-900-17010, filed 01/03/12, effective 07/01/12. Statutory Authority: RCW 49.17.010, .040, .050, and .060.
06-06-20 (Order 05-15), § 296-900-17010, filed 02/21/06, effective 04/01/06.]
WAC 296-900-17015 Posting appeals.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-17015, filed 09/05/2017, effective
10/06/2017. Statutory Authority: RCWs 49.17.010, .040, .050, and .060. Chapter 91, Laws of 2011 (Engrossed Substitute Senate
Bill 5068). 12-02-055 (Order 11-09), § 296-900-17015, filed 01/03/12, effective 07/01/12. Statutory Authority: RCW 49.17.010,
.040, .050, and .060. 06-06-20 (Order 05-15), § 296-900-17015, filed 02/21/06, effective 04/01/06.]
WAC 296-900-175 Safety and health investment projects.
[Statutory Authority: RCW 49.17.010, .040, .050, .060, RCW 49.17.210 and Chapter 522 Laws of 2007. 08-03-025 (Order 07-27), §
296-900-175, filed 01/08/2008, effective 02/08/2008.]
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WAC 296-900-17505 Scope and purpose.
[Statutory Authority: RCW 49.17.010, .040, .050, and .060. 17-18-075 (Order 16-17), § 296-900-17505, filed 09/05/2017, effective
10/06/2017. RCWs 49.17.010, .040, .050, .060. EHB 2123 (Chapter 37, Laws of 2011). 12-03-090 (Order 11-20), § 296-900-
17505, filed 01/17/12, effective 03/01/12. Statutory Authority: RCW 49.17.010, .040, .050, .060, RCW 49.17.210 and Chapter 522
Laws of 2007. 08-03-025 (Order 07-27), § 296-900-17505, filed 01/08/2008, effective 02/08/2008.]
WAC 296-900-17515 Eligibility.
[Statutory Authority: RCWs 49.17.010, .040, .050, .060. EHB 2123 (Chapter 37, Laws of 2011). 12-03-090 (Order 11-20), § 296-
900-17515, filed 01/17/12, effective 03/01/12. Statutory Authority: RCW 49.17.010, .040, .050, .060, RCW 49.17.210 and Chapter
522 Laws of 2007. 08-03-025 (Order 07-27), § 296-900-17515, filed 01/08/2008, effective 02/08/2008.]
WAC 296-900-17520 Advisory committee.
[Statutory Authority: RCWs 49.17.010, .040, .050, .060. EHB 2123 (Chapter 37, Laws of 2011). 12-03-090 (Order 11-20), § 296-
900-17520, filed 01/17/12, effective 03/01/12. Statutory Authority: RCW 49.17.010, .040, .050, .060, RCW 49.17.210 and Chapter
522 Laws of 2007. 08-03-025 (Order 07-27), § 296-900-17520, filed 01/08/2008, effective 02/08/2008.]
WAC 296-900-17525 Application.
[Statutory Authority: RCWs 49.17.010, .040, .050, .060. EHB 2123 (Chapter 37, Laws of 2011). 12-03-090 (Order 11-20), § 296-
900-17525, filed 01/17/12, effective 03/01/12. Statutory Authority: RCW 49.17.010, .040, .050, .060, RCW 49.17.210 and Chapter
522 Laws of 2007. 08-03-025 (Order 07-27), § 296-900-17527, filed 01/08/2008, effective 02/08/2008.]
WAC 296-900-17530 Review and approval of proposals.
[Statutory Authority: RCWs 49.17.010, .040, .050, .060. EHB 2123 (Chapter 37, Laws of 2011). 12-03-090 (Order 11-20), § 296-
900-17530, filed 01/17/12, effective 03/01/12. Statutory Authority: RCW 49.17.010, .040, .050, .060, RCW 49.17.210 and Chapter
522 Laws of 2007. 08-03-025 (Order 07-27), § 296-900-17530, filed 01/08/2008, effective 02/08/2008.]
WAC 296-900-17535 Monitoring.
[Statutory Authority: RCWs 49.17.010, .040, .050, .060. EHB 2123 (Chapter 37, Laws of 2011). 12-03-090 (Order 11-20), § 296-
900-17535, filed 01/17/12, effective 03/01/12. Statutory Authority: RCW 49.17.010, .040, .050, .060, RCW 49.17.210 and Chapter
522 Laws of 2007. 08-03-025 (Order 07-27), § 296-900-17535, filed 01/08/2008, effective 02/08/2008.]
WAC 296-900-17540 Suspension or revocation of funding.
[Statutory Authority: RCWs 49.17.010, .040, .050, .060. EHB 2123 (Chapter 37, Laws of 2011). 12-03-090 (Order 11-20), § 296-
900-17540, filed 01/17/12, effective 03/01/12. Statutory Authority: RCW 49.17.010, .040, .050, .060, RCW 49.17.210 and Chapter
522 Laws of 2007. 08-03-025 (Order 07-27), § 296-900-17540, filed 01/08/2008, effective 02/08/2008.]