PDFWAC 296-900-11020
Changing a variance.
(1) An employer, employees, or their representatives may request changes to variances in writing as follows:
(a) For a permanent variance only after it has been in effect for at least six months.
(b) For a temporary variance, only when renewing it.
Notes: | 1. After six months, DOSH may initiate changes to a variance if warranted. |
2. Employers can decide at any time to follow the original requirement, instead of the requested variance. |
What to expect from DOSH:
(2) A review of your request to change a variance.
If more information is needed to make a decision, DOSH may:
(a) Contact the employer or others who may have the needed information.
(b) Visit the workplace after contacting you to make arrangements.
(c) Deny the request for a change if information needed to make a decision is not provided.
(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 the request to change a variance. See Variance hearings, WAC 296-900-11025.
(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 the employer 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.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 49.17.180, 49.17.190, and chapter 49.17 RCW. WSR 25-03-091, s 296-900-11020, filed 1/16/25, effective 2/17/25. Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 17-18-075, § 296-900-11020, filed 9/5/17, effective 10/6/17; WSR 06-06-020, § 296-900-11020, filed 2/21/06, effective 6/1/06.]