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) You and your
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 department within twenty-one calendar days from
the variance application date, or renewal request date.
(c) Send the written request to
WISHA, using
one of the following means:
Mail to:
Assistant Director
WISHA Services
P. O. Box 44650
Olympia, WA 98504-4650
Fax to: 360-902-5438
Take to any L&I
office.
(2) You must immediately do all of
the following when you receive a notice of the hearing from
WISHA:
(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
WISHA:
(3) WISHA 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 ten days, issue a notice
advising all interested parties listed on the application that they
have the option to participate in the hearing.
(b) Provide you with a notice of
the hearing at least twenty calendar days before the hearing
date.
(4) A
hearing for the
variance or
variance change will be conducted as
follows:
(a) A WISHA representative
will explain WISHA'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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Note:
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1. WISHA may record a variance
hearing.
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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
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.
