Administrative
Rules
Chapter 296-900, WAC
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Effective
Date: 02/08/2008 |
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Employer responsibility:
To post information regarding appeals in
a conspicuous area where notices to employees are normally posted:
WAC
296-900-17005
Appealing a citation and notice (C&N)
IMPORTANT:
- Employers may appeal C&Ns.
- Employees of the cited employer, or their
designated representatives, may only appeal correction dates.
You must
- When appealing, submit a written appeal to
WISHA within 15 working days after receiving the C&N. Include
the following information:
- - Business name, address, and telephone
number.
- - Name, address, and telephone number
of any employer representative.
- - C&N number.
- - What you believe is wrong with the C&N
and any related facts.
- - What you believe should be changed,
and why.
- - A signature and date.
- Send appeals in any of the following ways:
- - Mail to:
Assistant Director for WISHA Services
Attn: WISHA Appeals
P.O. Box 44604
Olympia, WA 98504-4604
- - Fax to: 360-902-5581
- - Take to any department service location.
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Note:
The postmark is considered the submission
date of a mailed request.
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Employees or their designated representatives
must:
- When appealing C&N correction dates, submit
a written request to WISHA within 15 working days after the
C&N is received. Include the following information:
- -Name of employee, address, telephone
number.
- -Name, address, and telephone number of
any designated representative.
- -C&N number.
- -What is believed to be wrong with the
correction date.
- -A signature and date.
- Send appeals in any of the following ways:
- - Mail to:
Assistant Director for WISHA Services
Attn: WISHA Appeals
P.O. Box 44604
Olympia, WA 98504-4604
- - Fax to: 360-902-5581
- - Take to any L&I service location.
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Note:
The postmark is considered the submission
date of a mailed request. |
What to expect from WISHA:
- After receiving an appeal, WISHA will do one
of the following:
- - Reassume jurisdiction over the C&N,
and notify the person who submitted the appeal.
- - Forward the appeal to the Board of Industrial
Insurance Appeals. The board will send the person submitting
the appeal a notice with the time and location of any board
proceedings.
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Definition:
Reassume jurisdiction
means that WISHA has decided to provide the
employer with an informal conference to discuss their appeal.
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- When reassuming jurisdiction over a C&N,
WISHA has 30 working days after receiving the appeal to review
it, gather more information, and decide whether to make changes
to the C&N. The review period:
- - Begins the first working day after the
appeal is received. For example, if an appeal is received
on Friday, the 30 days will begin on the following Monday
unless it's a state holiday.
- - May be extended 15 additional working
days, if everyone involved agrees and signs an extension
agreement within the initial 30-day period.
- - Will include an informal conference
about the appeal that is an opportunity for interested parties
to:
- Briefly explain their positions.
- Provide any additional information
they would like WISHA to consider when reviewing the
C&N.
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Note:
WISHA might reassume jurisdiction over
a C&N to do any of the following:
- Provide an employer and affected employees
an opportunity to present relevant information, facts,
and opinions during an informal conference.
- Give an employer, affected employees,
and the department an opportunity to resolve appeals rapidly
and without further contest, especially in routine compliance
cases.
- Educate employers about the C&N,
the WISHA appeals process, and WISHA compliance.
- Review citations, penalties, and correction
dates. Although informal, the conference is an official
meeting and it may be either partially or totally recorded.
Participants will be told if the conference is recorded.
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- On or before the end of the 30 working day
review period, WISHA will issue a corrective notice of redetermination
that:
- -Reflects any changes made to the C&N.
- -Is sent to the employer, employees, and
employee representatives participating in the appeal process.
WAC
296-900-17010
Appealing a corrective notice of redetermination
(CNR)
IMPORTANT:
- Employers may appeal CNRs.
- Employees who could be affected by a CNR,
or their designated representatives, may appeal correction dates.
Employees or their representatives must:
- Appeal a CNR, if desired, in writing within
15 working days after it was received to the:
Board of Industrial Insurance Appeals
2430 Chandler Court S.W.
P.O. Box 42401
Olympia , WA 98504-2401
- Send a copy of the appeal to the CNR to the:
Assistant Director for WISHA Services
Attn: WISHA Appeals
P.O. Box 44604
Olympia, WA 98504-4604
- Fax to: 360-902-5581
- Take to any department service location.
WAC
296-900-17015
Posting appeals
You must
- Immediately post notices and information related
to any appeal in the same place where WISHA citation and notices
(C&Ns) are posted. These notices and information include:
- - The notice of appeal, until the appeal
is resolved.
- - Notices about WISHA reassuming jurisdiction,
and any extension of the review period until the end of
review period.
- - A notice of an informal conference until
after the conference is held.
- - A corrective notice of redetermination
for as long as &Ns are to be posted.
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