Rule Updates

Rules Under Development

Administrative Rules

Chapter 296-900, WAC

All updates for this rule:

Monetary Penalties (Chapter 296-900 WAC, Administrative Rules: WACs 296-900-140 through 296-900-14020)

This rulemaking is a result of the recent amendment to RCW 49.17.180 during the 2018 legislative session under Chapter 128, Laws of 2018 (Substitute House Bill 1953). The rulemaking proposes to adopt the recent amendment to RCW 49.17.180 which retains the current penalty maximums for all violations and the minimum for willful violations in statute unless required to be higher by the Federal Occupational Safety and Health Act (OSHA). The proposed rules set up an annual adjustment system to match OSHAs penalty levels. In 2015, Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act requiring several federal agencies, including OSHA, adjust their maximum and minimum penalties for inflation on an annual basis. OSHA is required to publish the annual penalty adjustments in rule no later than January 15 of each year and the adjustments are effective upon publication of the rules. States that operate their own Occupational Safety and Health Plans are required to adopt maximum penalty levels that are at least as effective as Federal OSHA's. Therefore, it will not require the department to adjust the current formula used to determine actual civil penalty amounts assessed. The department is proposing to amend Chapter 296-900 WAC Administrative Rules, specifically WACs 296-900-140 through 296-900-14020 regarding penalties under the Washington Industrial Safety and Health Act (WISHA).834.

12/5/2018

Comments Due

11/28/2018

Public Hearing

10/23/2018

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

8/21/2018

PDF: Preproposal (CR-101)

Appealing a Citation and Notice (WAC 296-900-17005)

The purpose of this adoption is to update the appeal extension dates within WAC 296-900-17005 to coincide with 2017s House Bill (HB) 1629 (Chapter 13, Laws of 2017). Additional updates made during this rulemaking, not affiliated with House Bill 1629, were housekeeping changes and eRules formatting, as well as adding the option to file appeals electronically, all of which do not introduce new requirements or cause any costs to employers. Changes being adopted as proposed in this rulemaking to be consistent with HB 1629: - In subsection (6)(b), changed the extension time period from 15 working days to up to 45 working days to be consistent with HB 1629. - In subsection (7), changed the language regarding the total reassumption time period to up to 75 working days if all parties agree to the extension of up to 45 working days. Other changes being adopted as proposed in this rulemaking include: - In subsections (2) and (4), added new language to allow for electronic submission via email to: DOSHappeals@lni.wa.gov. - Changed bullets and dashes to letters and numbers where applicable. - Moved bold you must to beginning of sentence in the new numbered subsections (1) and (2) as part of eRules language reformatting. - Moved bolded phrase Employees or their designated representatives must to beginning of the new numbered subsections (3) and (4) as part of eRules language reformatting. - In the definition of Reassume Jurisdiction, added a period after the defined word and removed means that to make the definition a complete sentence. The changes were adopted 10/31/2017 and became effective on 1/1/2018.806.

1/1/2018

Rule Changes Effective

10/31/2017

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

10/24/2017

Comments Due

8/22/2017

PDF: Expedited Rulemaking (CR 105)

PDF: Expedited Proposed Rule Language

DOSH Penalty Calculations (Chapter 296-900 WAC - Administrative Rules)

The Division of Occupational Safety and Health (DOSH) is adopting language to align its penalty calculation rule with OSHAs measures for calculating penalties to ensure that DOSHs rule is at least as effective as OSHAs (requiring that the average penalty for serious violations [private sector employers only] in total and by size of the employer be within +/- 25% of the three-year national average). The adopted penalty calculation rule is intended to impart a more consistent and fair application of the penalties imposed.

Learn more about this project here. The changes were adopted 6/9/2015 and became effective on 9/1/2015.701.

9/1/2015

Rule Changes Effective

6/9/2015

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

PDF: Response to Public Comments (CES)

4/14/2015

Comments Due

3/20/2015

Public Hearing

3/18/2015

Public Hearing

3/16/2015

Public Hearing

3/13/2015

Public Hearing

3/11/2015

Public Hearing

3/10/2015

Public Hearing

2/3/2015

PDF: Proposed Rulemaking (CR 102)

PDF: Continuance Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

4/22/2014

PDF: Preproposal (CR-101)

PDF: Preliminary Draft Language

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