IMPORTANT:
Temporary variances can be renewed up to two times, for up to
180 days each time.
(1) The employer
must apply for a temporary variance renewal at least 90 days before the
temporary variance expires.
(2) The
employer must send a letter, explaining why more time is needed to fulfill the
current requirements.
What to expect from DOSH:
(3) A review of the temporary variance
renewal request.
If more information is needed to make a decision, DOSH
may:
(a) Contact the employer or
others who may have the needed information.
(b) Visit your workplace after contacting the
employer to make arrangements.
(c)
Deny the request if information needed to make a decision is not
provided.
(4) A decision
at least 21 calendar days from when the request was posted for employees.
The 21-day period allows employees time to request a hearing on
a temporary variance renewal. See Variance hearings, WAC
296-900-11025.
(5) A written decision either granting or
denying the temporary variance renewal request.
(a) If granted, the written decision will
include all of the following:
(i) The
requirements for which the temporary variance applies.
(ii) The locations where the temporary
variance applies.
(iii) What the
employer must do as an alternative means of protecting employees.
(iv) The effective date of the temporary
variance.
(v) An expiration date for
the temporary variance.
(vi) The
requirement to post the decision.
(b) If denied, the written decision will
include:
(i) A brief statement with reasons
for the denial.
(ii) The
requirement to post the decision.
Notes
Wash. Admin. Code §
296-900-11015
Amended by
WSR
17-18-075, Filed 9/5/2017, effective
10/6/2017
Amended by
WSR
25-03-091, Filed 1/16/2025, effective
2/17/2025
Statutory Authority:
RCW
49.17.010,
49.17.040,
49.17.050,
49.17.060. 06-06-020, §
296-900-11015, filed 2/21/06, effective
6/1/06.
