Rules Under Development

Administrative Rules

Chapter 296-900, WAC

All updates for this rule:

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

The purpose of this expedited rulemaking is to update the appeal extension dates within WAC 296-900-17005 to coincide with 2017’s House Bill (HB) 1629 (Chapter 13, Laws of 2017). When the department issues a citation for a safety and health violation, an employer may appeal the violation and penalties to the Board of Industrial Insurance Appeals (BIIA). An employee or employee representative may appeal the timeline in the citation within which the hazards must be corrected. If appealed, the department has an opportunity to “reassume” jurisdiction to attempt to reach a resolution to the appeal, including a settlement. The department has 30 working days to decide these reassumption appeals. If the parties agree, the 30 day time period may be extended. HB 1629 increased the extension time period from 15 days to an additional 45 days. Additional updates being made during this rulemaking, not affiliated with HB 1629, are adding the option to file appeals electronically; housekeeping changes, and eRules formatting. These changes do not introduce new requirements or cause any costs to employers. Changes being proposed in this rulemaking to be consistent with HB 1629: - In subsection (6)(b), change the extension time period from 15 working days to up to 45 working days to be consistent with HB 1629; - In subsection (7), change 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 proposed in this rulemaking include: - In subsections (2) and (4), add new language to allow for electronic submission via email to: “DOSHappeals@lni.wa.gov”; - Change bullets and dashes to letters and numbers where applicable; - Move bold “you must” to beginning of sentence in the new numbered subsections (1) and (2) as part of eRules language reformatting; - Move 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,” add a period after the defined word and remove “means that” to make the definition a complete sentence.806.

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 OSHA’s measures for calculating penalties to ensure that DOSH’s rule is at least as effective as OSHA’s (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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