Proposed Amendments to Chapter 296-900 WAC Administrative Rules - Penalty Calculations


In October of 2010, the Occupational Safety and Health Administration (OSHA) changed its policies for calculating penalties.  More recently in October 2012, OSHA updated the State Activities Mandated Measures (SAMM) Report to require state plan states to meet new measures for calculating penalties. This report is used as a federal tool to monitor state plan state activities.  Failure to adopt rules to respond to the change in OSHA policies and to meet the new SAMM measures could result in the loss of federal funds and the suspension of Washington's ability to administer an Occupational Safety and Health program.

Additionally, during the 2012-2013 legislative sessions the Washington State Legislature requested that the Division of Occupational Safety and Health (DOSH) review its penalties with the WISHA Advisory Committee and report back to the Legislature to address concerns about DOSH's penalties in relation to OSHA's penalty requirements. DOSH provided options and recommendations to the WISHA Advisory Committee, received its input, and will incorporate the committee's input into the rulemaking process.  A CR-101 is scheduled to be filed in the spring of 2014 to revise DOSH penalty calculations to align with the OSHA mandate and reflect the WISHA Advisory Committee and other stakeholder input.

Informational Meetings:

DOSH has scheduled four informational meetings to provide an overview of this project, answer questions about this proposed rulemaking, and to seek input from stakeholders about how penalties will be calculated to be at least as effective as OSHA.

The meeting locations and times are listed below.

If you have any questions about this rulemaking project contact:

Cindy Ireland, Administrative Regulations Analyst
(360) 902-5522

John Kiely, Safety and Health Specialist
(360) 902-4928

Meeting Schedule:

Monday, February 10, 2014
Labor and Industries – Tumwater Office
Room S117 – 9:00 a.m. to 11:00 a.m.
7273 Linderson Way Southwest
Tumwater, Washington  98501

Tuesday, February 11, 2014
Double Tree by Hilton Hotel – Seattle Airport
Cascade 7 and 8 – 1:00 p.m. to 3:00 p.m.
18740 International Boulevard
Seattle, Washington  98188

Thursday, February 13, 2014
Double Tree by Hilton Hotel – Spokane City Center
Salon 1 – 9:00 a.m. to 11:00 a.m.
322 North Spokane Falls Court
Spokane, Washington 99201

Thursday, February 20, 2014
Labor and Industries – Yakima Office
Yakima 1 – 9:00 a.m. to 11:00 a.m.
15 West Yakima Avenue
Suite 100
Yakima, Washington 98902

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