2. Have
not corrected the violation because of factors beyond their control.
(1) The employer must submit any requests for
more time to correct violations in writing. Requests must be received or
postmarked before midnight of the correction date shown on the citation and
notice (C&N) or corrective notice of redetermination (CNR), and include:
(a) The business name.
(b) The address of the workplaces.
(c) The citation and the correction dates to
be extended.
(d) The new correction
date and length of correction period being requested.
(e) A description of the actions that have
been, and are being, taken to meet the correction dates in the C&N or
CNR.
(f) Factors preventing
correction of violations by the date required.
(g) The means that will be used to protect
employees while the violation is being corrected.
(h) Certification that the request for
correction date extension has been posted, and if appropriate, certification
that a copy was delivered to affected employees or their
representatives.
(i) Employer's
signature or the signature of the employer's representative.
(j) Date.
(2) The employer must submit requests by one
of the following methods:
(a) First class
mail, postage prepaid to any L&I office.
(b) Take to any L&I office.
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Reference:
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For a list of the local offices, see the resources
section of the Safety and health core rules, chapter 296-800 WAC.
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What to expect from DOSH:
(3) DOSH may accept late requests
if they are both:
(a) Received within five
days following the related correction date; and
(b) Accompanied by a written statement
explaining the exceptional circumstances that caused the delay.
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Note:
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DOSH does not accept late requests when compliance
activity has already started.
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(4) DOSH may respond to telephone requests or
personal conversations asking for more time to comply if timely, and followed
up in writing within 24 hours.
(5)
DOSH may conduct an investigation before making a decision whether to grant a
request for more time.
(6) DOSH
will make a decision whether or not to grant the employer more time. Once made,
the decision remains in effect unless an employee or employee representative
requests a hearing.
(7) DOSH will
keep the original correction date in effect unless a notice granting more time
is sent.
