Labor & Industries (L&I), Washington State

Administrative Rules Chapter 296-900, WAC

Effective Date: 02/08/2008

 

WAC 296-900-160 More Time to Comply

For printing

Your responsibility:

• To submit timely requests when more time is needed to correct violations.
• To post requests for more time for employees.

Requesting more time to comply	WAC 296-900-16005
Post WISHA's response to requests for more time	WAC 296-900-16010
Correction date hearing requests	WAC 296-900-16015
Post WISHA's violation correction hearing notice	WAC 296-900-16020
Violation correction hearing procedures	WAC 296-900-16025
Post the violation correction hearing decision	WAC 296-900-16030

WAC 296-900-16005

Requesting more time to comply

IMPORTANT:

Employers can request more time to correct violations if they:

• - Have made a good faith effort to correct the violation.
• - Haven't corrected the violation because of factors beyond their control.

You must

• Submit any requests for more time to correct violations in writing. Requests must be received or postmarked before midnight of the correction date shown on the citation and notice (C&N) or corrective notice of redetermination (CNR), and include:
  • - The business name.
  • - The address of the workplaces.
  • - The citation and the correction dates to be extended.
  • - The new correction date and length of correction period being requested.
  • - A description of the actions that have been, and are being, taken to meet the correction dates in the C&N or CNR.
  • - Factors preventing correction of violations by the date required.
  • - The means that will be used to protect employees while the violation is being corrected.
  • - Certification that the request for correction date extension has been posted, and if appropriate, certification that a copy was delivered to affected employees or their representatives.
  • - Employer's signature or the signature of the employer's representative.
  • - Date.
• Submit requests by one of the following methods:
  • - First class mail, postage prepaid to any L&I office.
  • - Take to any L&I office.
  • - Fax to the number shown in the C&N.

Reference: For a list of the local offices, see the Resources section of the Safety and Health Core Rules, Chapter 296-800 WAC.

What to expect from WISHA:

• WISHA may:
  • - Accept late requests if they are both:
    • Received within 5 days following the related correction date;
      and
    • Accompanied by your written statement explaining the exceptional circumstances that caused the delay.

Note: WISHA doesn't accept late requests when compliance activity has already started.

• WISHA may:
  • - Respond to telephone requests or personal conversations asking for more time to comply if timely, and followed up in writing within 24 hours.
  • - Conduct an investigation before making a decision whether to grant a request for more time.
• WISHA will:
  • - Make a decision whether or not to grant the employer more time. Once made, the decision remains in effect unless an employee or employee representative requests a hearing.
  • - Keep the original correction date in effect unless a notice granting more time is sent.

WAC 296-900-16010

Post WISHA's response to requests for more time

You must

• Post notices from WISHA approving additional time to correct citations, with the related citation, immediately upon receipt.
• Keep the notices posted until one of the following occur:
  • - The correction date has passed.
  • - A hearing notice is requested and posted.

WAC 96-900-16015

Correction date hearing requests

IMPORTANT:

• Affected employees or their designated representatives may request a hearing if they disagree with WISHA's decision to grant an employer more time to correct a violation.
• Employers may request a hearing if WISHA denies their request for more time to correct a violation.

You, your employees, or their representatives must:

• Send requests for hearings, if desired, in writing no later than 10 calendar days after the issue date of the notice granting more time to correct a violation to:
  • - 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.

 

Reference: For a list of the local offices, see the Resources section of the Safety and Health Core Rules, chapter 296-800 WAC.

WAC 296-900-16020

Post WISHA's violation correction hearing notice

You must

• Post WISHA's hearing notice or a complete copy until the hearing is held, along with the:
  • - Citation containing the correction date for which more time was requested.
  • - Department notices issued in response to the employer's request for more time.

WAC 296-900-16025

Violation correction hearing procedures

What to expect from WISHA:

• After receiving a hearing request, the assistant director for WISHA services will appoint someone from WISHA to act as a hearings officer.
• The hearings officer:
  • - Will send a hearing notice to the employer and employee at least 20 days before the hearing date that includes all of the following:
    • A statement that all interested parties can participate in the hearing.
    • The time, date, and place of the hearing.
    • A short and clear explanation why a hearing was requested.
    • The nature of the proceeding, including the specific sections of the statute or rule involved.
    • The legal authority and jurisdiction under which the hearing will be held.
  • - May discuss the material to be presented to determine how the hearing will proceed.
• An assistant attorney general may be present at the hearing to give legal advice to the hearings officer.
• The hearing will be conducted by either:
  • - The hearings officer;
  • or
  • - The assistant attorney general, if requested by the hearings officer.
• After the hearing, WISHA will issue an order that either affirms or modifies the correction date that caused the hearing.

WAC 296-900-16030

Post the violation correction hearing decision

You must

• Post a complete, unedited copy of the order affirming or modifying the correction date as soon as it's received, along with the applicable citation.