Washington Administrative Code

(1) Employers must request an interim order if alternate methods of protecting employees are needed while waiting for a permanent or temporary variance.Note:An interim order may be requested at the same time a permanent or temporary variance is requested, or anytime after that.Wh…

IMPORTANT:Temporary variances can be renewed up to two times, for up to 180 days each time. (1) The employer must apply for a temporary variance renewal at least 90 days before the temporary variance expires. (2) The employer must send a letter, explaining why more time is needed…

(1) An employer, employees, or their representatives may request changes to variances in writing as follows:(a) For a permanent variance only after it has been in effect for at least six months.(b) For a temporary variance, only when renewing it.Notes:1. After six months, DOSH ma…

IMPORTANT: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) The employer and affected employees must do all of the following if requesting a var…

Summary.The employer must meet the requirements…in this section:DOSH inspectionsWAC 296-900-12005Inspection techniquesWAC 296-900-12010ComplaintsWAC 296-900-12015[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 49.17.180, 49.17.190, and chapter 49.17 RCW. WSR…

(1) DOSH conducts the following types of programmed inspections:(a) Hazardous workplaces.DOSH identifies hazardous workplaces using objective criteria and inspection-scheduling systems that may include any of the following factors:(i) Type of industry.(ii) Injury and illness data…

During an inspection, DOSH staff may:(1) Take samples, photographs, videotapes, or audiotapes.(2) Conduct tests or interviews.(3) Ask employees to wear sampling devices.(4) Privately question, on or off the worksite, any:(a) Employer.(b) Employer representative.(c) Owner.(d) Oper…

(1) Employees or employee representatives may file a written complaint if they believe they have been exposed to a hazard that is a violation of DOSH requirements.What to expect from DOSH:(2) After receiving a written complaint from an employee or employee representative, DOSH re…

Summary:Employer responsibility:To notify employees when a citation and notice is received.The employer must meet the requirements…in this section:Citation and noticeWAC 296-900-13005Copies of future citations and noticesWAC 296-900-13010Posting citation and noticesWAC 296-900-13…

Definition:(1) A citation and notice is a document issued to an employer notifying them of:(a) Inspection results.(b) Any specific violations of DOSH requirements.(c) Any monetary penalties assessed.(d) Employer certification of correction requirements.(e) DOSH will mail or serve…

Employees or their representatives wishing to receive copies of citation and notices during the next 12 months must:(1) Submit a request for copy of citation and notice form to the following:Department of Labor and IndustriesDivision of Occupational Safety and HealthP.O. Box 4463…

(1) The employer must immediately notify employees of a citation and notice by posting it and any correspondence related to an employee complaint on the safety bulletin board for seven working days, excluding weekends and holidays, or until all violations are corrected, whichever…

Summary:Employer responsibility:To pay monetary penalties if assessed.Contents:Reasons for monetary penaltiesWAC 296-900-14005.Base penaltiesWAC 296-900-14010.Base penalty adjustmentsWAC 296-900-14015.Increases to adjusted base penaltiesWAC 296-900-14020.[Statutory Authority: RCW…

• DOSH may assess monetary penalties when a citation and notice is issued for any violation of safety and health rules or statutes.• DOSH will assess monetary penalties under the following conditions:– When a citation and notice is issued for a serious, repeat, willful, or egregi…

• DOSH calculates the base penalty for a violation by considering the following:– Specific amounts that are dictated by statute;or– By assigning a weight to a violation, called "gravity." Gravity is calculated by multiplying a violation's severity rate by its probability rate. Ex…

• Tables 8 through 11 describe the various factors DOSH considers when adjusting a base penalty, and the effect on the fine.– The minimum adjusted base penalty for any standard violation carrying a penalty is $100.– The minimum adjusted penalty for serious violations contributing…

• Tables 12 through 14 describe circumstances where an increase may be applied by DOSH to an adjusted base penalty.Table 12Repeat Violations1st time x 22nd time x 53rd time x 84th time x 125th time x 15History is based on the prior three years.The maximum statutory penalty will b…

Summary:Employer responsibility:(1) To certify that violations to safety and health requirements have been corrected.(2) To submit, if required:(a) Additional information.(b) Correction action plans.(c) Progress reports.(3) To comply with correction due dates.(4) To tag cited mov…

Definition:A correction date is the date by which you must meet the DOSH requirements listed on either a: Citation and notice (C&N) or a corrective notice of redetermination (CNR).(1) The employer must certify in writing within 10 calendar days following the correction date shown…

(1) The employer must submit a written violation correction action plan within 25 calendar days from the final order date when the citation and notice or corrective notice of redetermination requires it. Include all of the following in the violation correction action plan:(a) Ide…

(1) The employer must submit written progress reports on corrections when required in the citation and notice (C&N) or corrective notice of redetermination (CNR), and briefly explain the:(a) Status of each violation.(b) Action taken to correct each violation.(c) Date each action …

What to expect from DOSH:DOSH will determine the timeliness of violation correction documents by reviewing the following:(1) The postmark date for documents sent by mail.(2) The date received by other means, such as personal delivery, email or fax.[Statutory Authority: RCW 49.17.…

(1) The employer must inform employees about violation corrections by doing the following:(a) Post a copy of each violation correction document submitted to DOSH, or a summary, near the place where the violations occurred, if practical.If posting near the place where the violatio…

(1) The employer must tag moveable equipment that has been cited to warn employees if a hazard has not been corrected, as follows:(a) Attach a warning tag or a copy of the citation to the equipment's operating controls or to the cited component.(b) For hand-held equipment, tag it…

Summary:Employer responsibility:To submit timely requests when more time is needed to correct violations. To post requests for more time for employees.Employer must meet the requirements…in this section:Requesting more time to complyWAC 296-900-16005Post DOSH's response to reques…

IMPORTANT:The employer can request more time to correct violations if they:1. Have made a good faith effort to correct the violation.2. Have not corrected the violation because of factors beyond their control.(1) The employer must submit any requests for more time to correct viol…

(1) The employer must post notices from DOSH approving additional time to correct citations, with the related citation, immediately upon receipt.(2) The employer must keep the notices posted until one of the following occur:(a) The correction date has passed.(b) A hearing notice …

IMPORTANT:1. Affected employees or their designated representatives may request a hearing if they disagree with DOSH's decision to grant an employer more time to correct a violation.2. Employers may request a hearing if DOSH denies their request for more time to correct a violati…

The employer must post DOSH's hearing notice or a complete copy until the hearing is held, along with the:(1) Citation containing the correction date for which more time was requested.(2) DOSH notices issued in response to the employer's request for more time.[Statutory Authority…

What to expect from DOSH:(1) After receiving a hearing request, the assistant director for DOSH services will appoint someone from DOSH to act as a hearings officer.(2) The hearings officer:(a) Will send a hearing notice to the employer and employee at least 20 days before the he…

The employer must post a complete, unedited copy of the order affirming or modifying the correction date as soon as it is received, along with the applicable citation.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 49.17.180, 49.17.190, and chapter 49.17 RCW…

Summary:Employer responsibility:To post information regarding appeals in a conspicuous area where notices to employees are normally posted.Employer must meet the requirements…in this section:Appealing a citation and notice (C&N)WAC 296-900-17005Stay of abatement date requestWAC 2…

IMPORTANT:1. Employers may appeal C&Ns.2. Employees of the cited employer, or their designated representatives, may only appeal abatement dates.3. The filing of an appeal does not stay the abatement date for violations classified as serious, willful, repeat serious, or failure to…

(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 n…

IMPORTANT:1. Employers may appeal CNRs.2. Employees who could be affected by a CNR, or their designated representatives, may appeal abatement dates.3. Employers must renew requests to stay abatement dates if a stay request is denied when they appeal CNRs.(1) You must appeal a CNR…

The employer must immediately post notices and information related to any appeal or stay of abatement date request in the same place where DOSH citation and notices (C&Ns) are posted. These notices and information include:(1) The notice of appeal, until the appeal is resolved.(2)…

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 49.17.210, and 2007 c 522. WSR 08-03-025, § 296-900-175, filed 1/8/08, effective 2/8/08.]

(1) The program for safety and health investment projects (SHIP) was established during the 2011 legislative session to provide funding for safety and health projects for workplaces insured for workers' compensation through the department's state fund. The purpose of these projec…

(1) All projects must address the needs of employers and employees covered by the department's state fund.(2) Projects must have clearly identified:(a) Objectives and work plan;(b) Products; and(c) Criteria for evaluating the success of the project.(3) Awards may be granted to an…

(1) The department will create a SHIP advisory committee (SAC) that will be a subcommittee of the WISHA advisory committee and will advise the department on program policy issues and participate in the grant application review process. The SAC will have eight to 10 members, inclu…

(1) The department will periodically prepare grant application packets that will be available on the department's website.(2) Applicants must complete the entire application to be considered for project funding. Incomplete applications or those submitted after a posted deadline w…

(1) DOSH staff will:(a) Review applications to make sure they meet application criteria;(b) Conduct a substantive evaluation of eligible applications;(c) Forward applications along with scored evaluations and funding recommendations to the assistant director for DOSH and a design…

DOSH staff will monitor projects for compliance with award terms and achievement of approved project milestones and outcomes.(1) Milestones are intermediate targets or goals that are defined in the project applications. Ongoing funding will be tied to the achievement of approved …

(1) The assistant director of DOSH may suspend or revoke funding for a project if advised by the SHIP program staff or the SAC that:(a) The recipient is not in compliance with project award terms;(b) There are unapproved funding expenditures; or(c) There are compelling and substa…

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060 and 29 C.F.R. 1910 Subpart Z. WSR 13-06-050, § 296-901-140, filed 3/5/13, effective 4/15/13.]

The purpose of this section is to ensure that the hazards of all chemicals produced or imported are classified, and that information concerning the classified hazards is transmitted to employers and employees. The requirements of this section are intended to be consistent with th…

(1) This section requires chemical manufacturers or importers to classify the hazards of chemicals which they produce or import, and all employers to provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard communication…

(1) Article means a manufactured item other than a fluid or particle:(a) Which is formed to a specific shape or design during manufacture;(b) Which has end use function(s) dependent in whole or in part upon its shape or design during end use; and(c) Which under normal conditions …

(1)(a) Chemical manufacturers and importers must evaluate chemicals produced in their workplaces or imported by them to classify the chemicals in accordance with this section. For each chemical, the chemical manufacturer or importer must determine the hazard classes, and where ap…

(1) Employers must develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in WAC 296-901-14012, 296-901-14014, and 296-901-14016 for labels and other forms of warning, safety data sheets, and …