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.

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.

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.

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).

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.

(2) You must follow the specific requirements of the variance that WISHA has granted.

(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.

(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 twenty-one calendar days from when the request was posted for employees.

The twenty-one-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 six months, to decide whether they are still needed or need to be changed.

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.

(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.

(c) Deny the request if the employer does not provide information needed to make a decision.

(3) A decision at least twenty-one calendar days from when the request was posted for employees.

The twenty-one-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.

Temporary variances can be renewed up to two times, for up to one hundred eighty days each time.

(1) You must apply for a temporary variance renewal at least ninety days before the temporary variance expires.

(2) You must send a letter, explaining why more time is needed to fulfill the current requirements.

(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.

(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 twenty-one calendar days from when the request was posted for employees.

The twenty-one-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.

(1) You, your 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.

(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 twenty-one calendar days from when the request was posted for employees.

The twenty-one-day period allows employees time to request a hearing on your 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 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.

Employers, affected employees, or employee representatives may request a hearing on any of the following:

1. Permanent or temporary variance requests.

2. Changes to 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 twenty-one 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.

(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.

(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 ten 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 twenty calendar 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.

(5) 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.

(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 of employee complaints.

(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:

(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.

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.

(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.

(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.

(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 six 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.

(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

(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 twelve months.

(c) Continue receiving citation and notices for an additional twelve months if a one-year extension is requested and approved.

(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.

To pay monetary penalties if assessed.

Reasons for monetary penalties

WAC 296-900-14005.

Base penalties

WAC 296-900-14010.

Base penalty adjustments

WAC 296-900-14015.

Increases to adjusted base penalties

WAC 296-900-14020.

• "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.

• 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.

• 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).

• DOSH calculates the base penalty for a violation by considering the following:

– Specific amounts that are dictated by statute;

– 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

• Severity and probability are established in the following ways:

– 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.

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 6 is used to determine the dollar amount for each gravity-based penalty, unless otherwise specified by statute.

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 under 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.

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.

• 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 civil 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.

• 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.

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, or failure to abate.

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 employees.

• Blatant violations that are easily corrected or "abated" due to the short-term duration of work at a specific location.

Based on workforce size nationwide.

• Tables 12 through 14 describe circumstances where an increase may be applied by DOSH to an adjusted base penalty.

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 seventy thousand dollars, whichever is more.

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 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 statutory penalty will be the maximum civil penalty established under the federal Occupational Safety and Health Administration under 29 C.F.R. 1903.15 or seventy thousand dollars, whichever is more.

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 seven thousand dollars, whichever is more, per day if violation is not corrected.

(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.

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 ten 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

(ii) The information submitted is accurate.

(f) Employer's signature or the signature of employer's designated representative.

(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.

(1) You must submit a written violation correction action plan within twenty-five 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.

(2) WISHA will notify you in writing only if your plan is not adequate, and describe necessary changes.

(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.

(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 thirty calendar days after you submit a correction action plan.

(c) Whether additional progress reports are required, and the dates by which they must be submitted.

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.

(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 three 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 five days after receiving their request.

(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.

(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.

To submit timely requests when more time is needed to correct violations. To post requests for more time for employees.

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.

(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.

(3) WISHA may accept late requests if they are both:

(a) Received within five days following the related correction date; and

(b) Accompanied by your written statement explaining the exceptional circumstances that caused the delay.

(4) WISHA may respond to telephone requests or personal conversations asking for more time to comply if timely, and followed up in writing within twenty-four 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.

(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.

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 ten 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.

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.

(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 twenty 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.

(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.

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.

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 of violations 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

– Fax to: 360-902-5581

- Electronically to: DOSHappeals@lni.wa.gov

– Take to any department service location.

(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: DOSHappeals@lni.wa.gov

– Take to any L&I service location.

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.

(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.

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's 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.

(7) On or before the end of the thirty working day review period, or up to seventy-five working days if everyone involved 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.

(c) Is sent to the employer, employees, and employee representatives participating in the appeal process.

(1) Employers may request stay of abatement dates for any violation classified as 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.

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 request 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

(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.

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.

(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.

(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.

(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.

(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.

(5) 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.

(6) 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.

(1) The department will periodically prepare grant application packets that will be available on the department's website.

(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 website 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.

(1) DOSH staff will:

(a) Review applications to make sure they meet application criteria;

(b) Conduct a substantive evaluation of eligible applications;

(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 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 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 will outline the project scope and timeline, 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.

DOSH staff will monitor projects for compliance with award terms and achievement of approved project milestones and/or outcomes.

(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.

(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 in compliance 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 Procedure Act and contain an explanation of how to appeal the department's decision.