Wash. Admin. Code § 296-900-099 - Definitions
(1)
Affected
employees. Employees who could be one of the following:
(a) Exposed to unsafe conditions or
practices.
(b) Affected by a
request for, or change in, a variance from DOSH requirements.
(2)
Applicant. The
entity submitting an application and formal proposal for a safety and health
investment projects award.
(3)
Assistant director. The assistant director for the division of
occupational safety and health (DOSH) at the department of labor and industries
or their designated representative.
(4)
Base penalty. The penalty
amount calculated for a violation by considering either specific statutory
penalty amounts or the gravity of the violation.
(5)
Board or BIIA. The board of
industrial insurance appeals.
(6)
Certification. An employer's written statement describing when and
how a citation violation was corrected.
(7)
Citation. See citation and
notice.
(8)
Citation and
notice. Issued to an employer for any violation of DOSH requirements.
Also known as a citation and notice of assessment, or simply
citation.
(9)
Correction
action plans. Your written plans for correcting a DOSH
violation.
(10)
Correction
date. The date by which you must meet the DOSH requirements listed on
either a:
(a) Citation and notice (C&N);
or
(b) A corrective notice of
redetermination (CNR).
(11)
Corrective notice of
redetermination (CNR). Notice issued after DOSH has reassumed
jurisdiction over an appealed citation and notice.
(12)
Department. The department
of labor and industries.
(13)
Designated representative. Any of the following:
(a) Any individual or organization to which
an employee gives written authorization.
(b) A recognized or certified collective
bargaining agent without regard to written employee authorization.
(c) The legal representative of a deceased or
legally incapacitated employee.
(14)
Division or DOSH. The
division of occupational safety and health.
(15)
Documentation. Material
that an employer submits to prove that a correction is completed. Documentation
includes, but is not limited to, photographs, receipts for materials and
labor.
(16)
Failure to abate
(FTA). A DOSH violation that was cited previously which the employer has
not fixed.
(17)
Final
order. Any of the following (unless an employer or other party files a
timely appeal):
(a) Citation and
notice.
(b) Corrective notice of
redetermination.
(c) Decision and
order from the board of industrial insurance appeals.
(d) Denial of petition for review from the
board of industrial insurance appeals.
(e) Decision from a Washington state superior
court, court of appeals, or the state supreme court.
(18)
Final order date. The date
a final order is issued.
(19)
Funding cycle. How frequently safety and health investment project
(SHIP) awards are given.
(20)
Gravity. For purposes of calculating a penalty means the amount
calculated by multiplying a violation's severity rate by its probability
rate.
(21)
Hazard. Any
condition, potential or inherent, which can cause injury, death, or
occupational disease.
(22)
Imminent danger violation. Any violation resulting from conditions
or practices in any place of employment, which are such that a danger exists
which could reasonably be expected to cause death or serious physical harm,
immediately or before such danger can be eliminated through the enforcement
procedures otherwise provided by the Washington Industrial Safety and Health
Act.
(23)
Inpatient
hospitalization. Formal admission to the inpatient service of a hospital
or an equivalent medical facility on an emergent basis for a work-related
injury, or illness.
(24)
Interim order. An order allowing an employer to vary from DOSH
requirements until a permanent or temporary variance is granted.
(25)
Medical aid fund.
Industrial insurance funds established in chapter 51.44 RCW.
(26)
Milestones. Critical points
of achievement for the safety and health investment projects, showing progress
toward project completion. Milestones are interim accomplishments that define
project progress.
(27)
Monetary penalties. Fines assessed against an employer for
violations of safety and health requirements.
(28)
Movable equipment. A
hand-held or nonhand-held machine or device that:
(a) Is powered or nonpowered.
(b) Can be moved within or between
worksites.
(29)
Must. Means mandatory.
(30)
Permanent variance. Allows
an employer to vary from DOSH requirements when an alternate means, that
provides equal protection to workers, is used.
(31)
Probability. A number that
describes the likelihood of an injury, illness, or disease occurring, ranging
from 1 (lowest) to 3 (highest).
(32)
Product. Any of the
following that are developed as the result of a safety and health investment
project: Written materials; manufactured materials; designs; equipment;
programs; services; workplace changes; or other results of any kind, tangible
or intangible.
(33)
Reassume
jurisdiction. DOSH has decided to provide the employer with an informal
conference to discuss their appeal.
(34)
Recipient. An agency, firm,
organization, individual or other legal entity receiving project award funds
from the safety and health investment projects.
(35)
Repeat violation. A DOSH
violation where the employer has been cited one or more times previously for a
substantially similar hazard, and the prior violation has become a final order
no more than three years prior to the employer committing the violation being
cited.
(36)
Serious
violation. A DOSH violation when there is a substantial probability that
death or serious physical harm could result from one of the following in the
workplace:
(a) A condition that
exists.
(b) One or more practices,
means, methods, operations, or processes that have been adopted or are in
use.
(37)
Severity. For purposes of calculating a penalty means the most
serious injury, illness, or disease that could be reasonably expected to occur,
ranging from 1 (lowest) to 3 (highest), because of a hazardous
condition.
(38)
Temporary
variance. Allows an employer to vary from DOSH requirements under
certain circumstances.
(39)
Variance. Provides an approved alternative to DOSH requirements to
protect employees from a workplace hazard. Variances can be permanent or
temporary.
(40)
WAC.
An acronym for Washington Administrative Code, which are rules developed to
address state law.
(41)
WISHA. This is an acronym for the Washington Industrial Safety and
Health Act, chapter 49.17 RCW.
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