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PDFWAC 296-900-11015

Renewing a temporary variance.

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.
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.
(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.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 17-18-075, § 296-900-11015, filed 9/5/17, effective 10/6/17; WSR 06-06-020, § 296-900-11015, filed 2/21/06, effective 6/1/06.]
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