Public comment sought on new rule requiring serious hazards be fixed during appeal

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The Department of Labor & Industries will hold two hearings to take public comments on a draft rule requiring employers to correct serious safety hazards when they receive L&I citations, even if they appeal the citation, unless a stay is granted.

In Washington, if a business is cited by L&I for a violation of workplace safety law, the business has 15 days to appeal that citation. Under existing rules, if the employer appeals the citation, there is no obligation to correct the serious hazards they are cited for until the appeal is resolved, which can take months or even years.

In the 2011 Legislative session, ESSB 5068 was passed directing L&I to enact a rule requiring employers to correct safety hazards associated with serious violations even if they appeal, unless a stay is granted by L&I or the Board of Industrial Insurance Appeals.

A proposed rule has been drafted to implement this legislative change and provides for stay of abatement requests.

Public hearings on the draft rule are:

Written comments will be accepted until 5 p.m., Dec. 7. Send comments to Devin Proctor at:

Email: Devin.Proctor@Lni.wa.gov
Fax: 360-902-5619
Mail: Department of Labor & Industries, P.O. Box 44620, Olympia, WA 98504
Hand delivery: L&I, 7273 Linderson Way SW, Tumwater, WA

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For media information: Hector Castro, L&I, 360-902-6043.

Broadcast version:

The Department of Labor & Industries is gathering comments on a draft rule that will require businesses in Washington state to correct workplace safety hazards for which they are cited, even if they appeal the citation. The new rule is a requirement of a bill passed in the 2011 Legislative Session. Public hearings will be held Nov. 30 at the DoubleTree Hotel City Center in Spokane and Dec. 2 at L&I’s Tumwater building. For information, visit www dot lni dot wa dot gov.

 

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