3. The filing of an appeal does not stay the
abatement date for violations classified as serious, willful, repeat serious,
or failure to abate serious. Employers may request a stay of abatement date for
these classifications of violations when they appeal a C&N.
(1) The employer must, when appealing, submit
a written appeal to DOSH within 15 business days after receiving the C&N.
Include the following information:
(a)
Business name, address, and telephone number.
(b) Name, address, and telephone number of
any employer representative.
(c)
C&N number.
(d) What you
believe is wrong with the C&N and any related facts.
(e) What you believe should be changed, and
why.
(f) Requests for stay of
abatement date according to WAC
296-900-17006.
(g) A signature and date.
(2) The employer must send appeals
in any of the following ways:
- Mail to:
Department of Labor & Industries
Attn: DOSH Appeals
P.O. Box 44604
Olympia, WA 98504-4604
- Electronically to: DOSHAppeals@Lni.wa.gov
- Take to any department service location.
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Reference:
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See the resources section of the Safety and health core
rules, chapter 296-800 WAC, for a list of the local offices.
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Note:
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The postmark is considered the submission date of a
mailed request.
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(3)
Employees or their designated representatives must, when appealing C&N
abatement dates, submit a written request to DOSH within 15 working days after
the C&N is received. Include the following information:
(a) Name of employee, address, telephone
number.
(b) Name, address, and
telephone number of any designated representative.
(c) C&N number.
(d) What is believed to be wrong with the
abatement date.
(e) A signature and
date.
(4) Employees or
their designated representatives must send appeals in any of the following
ways:
- Mail to:
Department of Labor & Industries
Attn: DOSH Appeals
P.O. Box 44604
Olympia, WA 98504-4604
- Electronically to: DOSHAppeals@Lni.wa.gov
- Take to any L&I service location.
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Reference:
|
See the resources section of the Safety and health core
rules, chapter 296-800 WAC, for a list of the local offices.
|
|
Note:
|
The postmark is considered the submission date of a
mailed request.
|
What to expect from DOSH:
(5) After receiving an appeal, DOSH will do
one of the following:
(a) Reassume
jurisdiction over the C&N, and notify the person who submitted the
appeal.
(b) Forward the appeal to
the board of industrial insurance appeals. The board will send the person
submitting the appeal a notice with the time and location of any board
proceedings.
Definition:
Reassume jurisdiction. DOSH has decided to provide
the employer with an informal conference to discuss their appeal.
(6) When reassuming
jurisdiction over a C&N, DOSH has 30 working days after receiving the
appeal to review it, gather more information, and decide whether to make
changes to the C&N. The review period:
(a) Begins the first working day after the
appeal is received. For example, if an appeal is received on Friday, the 30
days will begin on the following Monday unless it's a state holiday.
(b) May be extended up to 45 additional
working days, if everyone involved agrees and signs an extension agreement
within the initial 30-day period.
(c) Will include an informal conference about
the appeal that is an opportunity for interested parties to:
(i) Briefly explain their
positions.
(ii) Provide any
additional information they would like DOSH to consider when reviewing the
C&N.
(iii) Provide any
additional information they would like DOSH to consider when reviewing stay of
abatement date requests.
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Note:
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DOSH might reassume jurisdiction over a C&N to do
any of the following:
1. Provide an employer and affected employees an
opportunity to present relevant information, facts, and opinions during an
informal conference.
2. Give an employer, affected employees, and the
department an opportunity to resolve appeals rapidly and without further
contest, especially in routine compliance cases.
3. Educate employers about the C&N, the DOSH
appeals process, and DOSH compliance.
4. Review citations, penalties, and abatement dates.
Although informal, the conference is an official meeting and it may be either
partially or totally recorded. Participants will be told if the conference is
recorded.
5. Review requests to stay abatement dates.
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(7) On or before the end of the 30 business
day review period, or up to 75 business days if everyone involved agrees to the
extension of up to 45 additional business days, DOSH will issue and send a
corrective notice to the employer, employees, and employee representatives
participating in the appeal process of redetermination that:
(a) Reflects any changes made to the
C&N.
(b) Grants or denies
requests to stay abatement dates and includes the basis of the
decision.
