IMPORTANT:
Employers, affected employees, or employee representatives may
request a hearing on any of the following:
1. Permanent or temporary variance
requests.
2. Changes to existing
variances.
(1) The employer and affected
employees must do all of the following if requesting a variance hearing:
(a) Put the request in writing and sign
it.
(b) Make sure the request is
posted or delivered to the DOSH within 21 calendar days from the variance
application date, or renewal request date.
(c) Send the written request to DOSH, using
one of the following means:
Mail to:
Department of Labor & Industries
Division of Occupational Safety and Health
P.O. Box 44650
Olympia, WA 98504-4650
Email to: DOSHVarianceProgram@Lni.wa.gov
Take to any L&I office.
(2) The employer must immediately do all of
the following when they receive a notice of the hearing from DOSH:
(a) Post a copy of the notice on the safety
bulletin board.
(b) Give a copy of
the notice to affected employees and employee representatives.
(c) Use any other appropriate means for
notifying employees who may not receive notices posted on the safety bulletin
board. For example, provide a copy to a designated representative or the safety
committee.
What to expect from DOSH:
(3) DOSH will do both of the following after
receiving a request for a hearing on a variance, change of variance, or
temporary variance renewal:
(a) Within 10
days, issue a notice advising all interested parties listed on the application
that they have the option to participate in the hearing.
(b) Provide the employer with a notice of the
hearing at least 20 calendar days before the hearing date.
(4) A hearing for the variance or variance
change will be conducted as follows:
(a) A
DOSH representative will explain DOSH's view of the request for a variance or
any proposed change to a variance.
(b) Employers, employees, or employee
representatives will then have an opportunity to explain their views and
provide any relevant documents or information.
(5) Information gathered at the hearing will
be used to make a decision about whether to grant or deny the request for a
variance or change in variance.
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Notes:
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1. DOSH may record a variance hearing.
2. Employers, employees or employee representatives may
request copies of recordings or transcripts of variance hearings at
cost.
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Notes
Wash. Admin. Code §
296-900-11025
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, §
296-900-11025, filed 2/21/06, effective
6/1/06.
