Section 296-900-11005. Applying for a variance.

IMPORTANT:

• A variance provides an approved alternative to WISHA requirements to protect employees from a workplace hazard. Variances can be permanent or temporary.

• Variances will not be retroactive. Employers are obligated to follow WISHA requirements until the variance is granted.

You must:

• Follow steps 1-5 to apply for a variance when you wish to use an alternative to WISHA requirements as a means to protect your employees.

Step 1:	Decide what type of variance is needed by reviewing the types of variances in Table 1, Requesting a Variance.
Step 2:	Complete a written application for the variance, following the requirements in Table 1, Requesting a Variance.

Note:	• A form, Variance Application (F 414-021-000), is available for requesting variances:
	– From any L&I office.
	– On our web site under Safety Forms, Variance Application http://www.lni.wa.gov/FormPublications/TablesForms/Safety/SafetyHealth.asp

Reference:	• For a list of the local L&I offices, see the resources section of the Safety and health core rules, chapter 296-800 WAC.

Step 3:	Notify employees before submitting any type of variance request by doing all of the following:
	• Posting a copy of the request on your safety bulletin board.
	• Using other appropriate means for notifying employees who may not be expected to receive notices posted on the safety bulletin board. For example, provide a copy to a designated representative or the safety committee.
Step 4:	Submit the written request, using one of the following means:
	• Mail to:
	Assistant Director
	WISHA Services
	P.O. Box 44650
	Olympia, WA 98504-4650
	• Fax to: 360-902-5438
	• Take to any L&I office.
Step 5:	After receiving a written decision from WISHA about your request, immediately notify affected employees of the decision by using the methods in Step 3.

You must:

• Follow the specific requirements of the variance that WISHA has granted.

Note:	• If employers fail to follow Steps 1-5 above, the variance cannot be granted.
	• Citations may be issued for failing to follow a variance.
	• Employers can always follow the original WISHA requirements instead of the variance requirements.
	• If your variance is no longer necessary and you decide to follow the WISHA requirements instead, please advise WISHA in writing.

Table 1

Requesting a Variance

What to expect from WISHA:

• A review of all variance requests.

– If more information is needed to make a decision, WISHA may:

■ Contact you or others who may have the needed information.

■ Visit your workplace after contacting you to make arrangements.

■ Deny your request if you don't provide information needed to make a decision on it.

• A decision at least twenty-one calendar days from when the request was posted for employees.

– The twenty-one-day period allows employees time to request a hearing on your variance application. See Variance hearings, WAC 296-900-11025.

• A written decision either granting or denying the variance.

– If granted, the written decision will include all of the following:

■ The requirement for which the variance applies.

■ The locations where the variance applies.

■ What you must do as an alternative means of protecting employees.

■ The effective date of the variance.

■ An expiration date for the variance, if applicable.

■ The requirement to post the decision.

– If denied, the written decision will include:

■ A brief statement with reasons for the denial.

■ The requirement to post the decision.

• WISHA will review permanent variances periodically after they have been in effect for six months, to decide whether they are still needed or need to be changed.

Note:	If there's an appealed WISHA citation and notice that relates to the variance request, the decision on the variance may be delayed until the appeal is resolved.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 06-06-020, § 296-900-11005, filed 2/21/06, effective 6/1/06.]

RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 06-06-020, § 296-900-11005, filed 2/21/06, effective 6/1/06.

Rules

414-021-000,296-800,360-902-5438,296-900-11025,