Administrative Rules
Chapter 296-900, WAC
|
Effective
Date: 02/08/2008 |
Contents
Helpful
Tools
Index
Download
| WAC
296-900-150
Certifying Violation Corrections |
For
printing |

Employer responsibility:
- To certify that violations to safety and health requirements have been corrected.
- To submit, if required:
- -Additional information.
- -Correction action plans.
- -Progress reports.
- To comply with correction due dates.
- To tag cited moveable equipment to warn employees of a hazard.
- To inform affected employees that each violation was corrected.
WAC
296-900-15005
Certifying violation correction
|

|
Definition:
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)
|
You must
- Certify in writing within 10 calendar days following the correction date shown on the C&N that each violation has been corrected. Include the following:
- - Employer name and address.
- - The inspection number involved.
- - The citation and item numbers which
have been corrected.
- - The date each violation was corrected
and the method used to correct them.
- - A statement that both:
- Affected employees and their representatives were informed that each violation was corrected;
and
- The information submitted is accurate.
- - Employer's signature or the signature
of employer's designated representative.
|

|
Note:
Certification isn't required if
the WISHA compliance officer indicates in the C&N, or
a reassumption hearings officer indicates in a CNR, that
they have already been corrected.
|
You must
- Submit additional documentation for willful or repeated violations, demonstrating that they were corrected. This documentation may include, but isn't limited to:
- - Evidence of the purchase or repair of
equipment.
- - Photographic or video evidence of corrections.
- - Other written records.
- Submit additional documentation for serious violations when required in the C&N or CNR.
WAC 296-900-15010
Violation correction action plans
You must
- Submit a written violation correction action plan within 25 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:
- - Identification of the violation.
- - The steps that will be taken to correct
the violation.
- - A schedule to complete the steps.
- - A description of how employees will
be protected until the corrections are completed.
What to expect from WISHA:
- WISHA will notify you in writing only if your plan isn't adequate, and describe necessary changes.
WAC 296-900-15015
Progress reports
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:
- - Status of each violation.
- - Action taken to correct each violation.
- - Date each action has or will be taken.
What to expect from WISHA:
- WISHA will state in the C&N or CNR if progress reports are required, including:
- - Items that require progress reports.
- - Date when an initial progress report
must be submitted. The initial progress report is due no
sooner than 30 calendar days after you submit a correction
action plan.
- - Whether additional progress reports
are required, and the dates by which they must be submitted.
WAC 296-900-15020
Timeliness of violation correction documents
What to expect from WISHA:
- WISHA will determine the timeliness of violation correction documents by reviewing the following:
- - The postmark date for documents sent
by mail.
- - The date received by other means, such
as personal delivery or fax.
WAC 296-900-15025
Inform employees about violation correction
You must
- Inform employees about violation corrections by doing the following:
- - 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 isn't 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.
- - Keep violation correction information
posted for at least 3 working days after submitting the
correction documents to WISHA.
- - Give notice to employees and their representatives
on or before the date you submit correction information
to WISHA.
- -Make sure that all posted correction documents aren't altered, defaced, or covered by other materials.
- 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 3 working days of receiving notice that the documents
were submitted to WISHA, provide access or copies no later
than 5 days after receiving their request.
WAC 296-900-15030
Tag moveable equipment
You must
- Tag moveable equipment that has been cited
to warn employees if a hazard hasn't been corrected, as follows:
- -Attach a warning tag or a copy of the
citation to the equipment's operating controls or to the
cited component.
- For hand-held equipment, tag it immediately
after you receive a citation.
- For other equipment, tag it before
moving it within the worksite or between worksites.
|

|
Note:
The tag should warn employees about the
nature of the violation and tell them where the citation
is posted. |
You must
- Make sure that the tag or copy of the citation attached to movable equipment isn't altered, defaced, or covered by other materials.
- Keep the tag or copy of the citation attached to movable equipment until one of the following occurs:
- - Violations have been corrected and all
certification documents have been submitted to WISHA.
- - Cited equipment is permanently removed
from service.
- - The final order from an appeal vacates
(voids) the violation.
|