Wash. Admin. Code § 296-900-17006 - Stay of abatement date request
(1) Employers may request stay of
abatement dates for any violation classified as serious, willful,
repeat serious, or failure to abate serious. Stay requests must be
made in the notice of appeal under WAC
296-900-17005.
(2) Stay requests must include:
(a) Each violation and item number
for which a stay is requested.
(b) The reason for the stay
request.
(3)
DOSH will review requests for stay of abatement dates for each
violation requested. DOSH will stay the abatement date when an appeal
is filed for any serious, willful, repeat serious, or failure to
abate serious violation where DOSH cannot determine that the
preliminary evidence shows a substantial probability of death or
serious physical harm to workers.
(4) The basis for decisions on stay
requests will be in the CNR.
(5) If a stay of abatement date is
granted in the CNR and the employer appeals the CNR, the stay will
remain in place until there is a final order on the appeal.
(6) If a stay of abatement date is
denied in the CNR and the employer appeals the CNR further, the
request for a stay of abatement date must be renewed according to WAC
296-900-17010. (7)
There is no requirement to abate a violation for which a stay request
is pending.
Notes
Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060 and 2011 c 91. 12-02-055, § 296-900-17006, filed 1/3/12, effective 7/1/12.
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