Section 296-900-11020. Changing a variance.

You, your employees, or their representatives may:

• Request changes to variances in writing as follows:

– For a permanent variance only after it's been in effect for at least six months.

– For a temporary variance, only when renewing it.

Note:	■ After six months, WISHA may initiate changes to a variance if they appear to be warranted.
	■ Employers can decide at any time to follow the original requirement, instead of the requested variance.

What to expect from WISHA:

• A review of your request to change a variance.

– 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 for a change if you don't provide information needed to make a decision.

• 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 request to change a variance. See Variance hearings, WAC 296-900-11025.

• A written decision either granting or denying the change in variance.

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

■ The requirements for which the variance applies.

■ The locations for which the variance applies.

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

■ The effective date of the change in variance.

■ An expiration date of 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.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 06-06-020, § 296-900-11020, 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, § 296-900-11020, filed 2/21/06, effective 6/1/06.

Rules

296-900-11025,