Effective July 1, 2012, when an L&I workplace safety or health inspector finds a hazard at a worksite that results in L&I citing an employer for a serious, repeat serious, failure to abate serious, or willful safety or health violation, the employer must correct or abate the hazard for which they were cited by the designated abatement date, regardless of whether they appeal the violation or not. A "stay" of this requirement may be granted by L&I or the Board of Industrial Insurance Appeals (BIIA) if an employer requests a stay at the same time they appeal a violation.

The 2011 Legislature passed a bill directing L&I to adopt a Stay of Abatement Date rule. L&I adopted rules on Jan. 3, 2012, and those rules became effective July 1, 2012.

To learn more, please see the Q&A below.

Rules & Laws

• Appeals — WAC 296-900-170 (leg.wa.gov).
• Response to Public Comments (CES) (590 KB PDF).
• Board of Industrial Insurance Appeals, Stay of Abatement Date — WAC 263-12-050(7) (leg.wa.gov).
• State Law on Stay of Abatement Date — RCW 49.17.140(4)(a) (leg.wa.gov).

Questions and Answers

For questions about this rule, contact the DOSH Appeals Program at 360-902-5486.

• Q&A About the Abatement During Appeal Rules (344 KB PDF).