Stay of Abatement Date (Abatement During Appeal)

A gavel and a scale atop some books on a table.Effective July 1, 2012, when an L&I workplace safety or health inspector finds a hazard at a worksite that results in L&I citing an employer for a serious, repeat serious, failure to abate serious, or willful safety or health violation, the employer must correct or abate the hazard for which they were cited by the designated abatement date, regardless of whether they appeal the violation or not. A "stay" of this requirement may be granted by L&I or the Board of Industrial Insurance Appeals (BIIA) if an employer requests a stay at the same time they appeal a violation.

The 2011 Legislature passed a bill directing L&I to adopt a Stay of Abatement Date rule. L&I adopted rules on Jan. 3, 2012, and those rules became effective July 1, 2012.

To learn more, please see the Q&A below.

Rules & Laws

Questions and Answers

For questions about this rule, contact the DOSH Appeals Program at 360-902-5486.

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