Section 296-900-11025. Variance hearings.

IMPORTANT:

• Employers, affected employees, or employee representatives may request a hearing on any of the following:

– Permanent or temporary variance requests.

– Changes to existing variances.

You and your affected employees must:

• Do all of the following if requesting a variance hearing:

– Put the request in writing and sign it.

– Make sure the request is posted or delivered to the department within twenty-one calendar days from the variance application date, or renewal request date.

– Send the written request to WISHA, 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.

You must:

• Immediately do all of the following when you receive a notice of the hearing from WISHA:

– Post a copy of the notice on the safety bulletin board.

– Give a copy of the notice to affected employees and employee representatives.

– Use any other appropriate means for notifying employees who may not receive notices posted on the safety bulletin board. For example, provide a copy to a designated representative or the safety committee.

What to expect from WISHA:

• WISHA will do both of the following after receiving a request for a hearing on a variance, change of variance, or temporary variance renewal:

– Within ten days, issue a notice advising all interested parties listed on the application that they have the option to participate in the hearing.

– Provide you with a notice of the hearing at least twenty calendar days before the hearing date.

• A hearing for the variance or variance change will be conducted as follows:

– A WISHA representative will explain WISHA's view of the request for a variance or any proposed change to a variance.

– Employers, employees, or employee representatives will then have an opportunity to explain their views and provide any relevant documents or information.

• Information gathered at the hearing will be used to make a decision about whether to grant or deny the request for a variance or change in variance.

Note:	• WISHA may record a variance hearing.
	• Employers, employees, or employee representatives may request copies of recordings or transcripts of variance hearings at cost.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 06-06-020, § 296-900-11025, 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, § 296-900-11025, filed 2/21/06, effective 6/1/06.

Rules

360-902-5438,