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
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