Section 296-900-16005. Requesting more time to comply.

IMPORTANT:

• Employers can request more time to correct violations if they:

– Have made a good faith effort to correct the violation.

– Have not corrected the violation because of factors beyond their control.

You must:

• Submit any requests for more time to correct violations in writing. Requests must be received or postmarked before midnight of the correction date shown on the citation and notice (C&N) or corrective notice of redetermination (CNR), and include:

– The business name.

– The address of the workplaces.

– The citation and the correction dates to be extended.

– The new correction date and length of correction period being requested.

– A description of the actions that have been, and are being, taken to meet the correction dates in the C&N or CNR.

– Factors preventing correction of violations by the date required.

– The means that will be used to protect employees while the violation is being corrected.

– Certification that the request for correction date extension has been posted, and if appropriate, certification that a copy was delivered to affected employees or their representatives.

– Employer's signature or the signature of the employer's representative.

– Date.

• Submit requests by one of the following methods:

– First class mail, postage prepaid to any L&I office.

– Take to any L&I office.

– Fax to the number shown in the C&N.

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

What to expect from WISHA:

• WISHA may:

– Accept late requests if they are both:

■ Received within five days following the related correction date;

AND

■ Accompanied by your written statement explaining the exceptional circumstances that caused the delay.

Note:	WISHA doesn't accept late requests when compliance activity has already started.

• WISHA may:

– Respond to telephone requests or personal conversations asking for more time to comply if timely, and followed up in writing within twenty-four hours.

– Conduct an investigation before making a decision whether to grant a request for more time.

• WISHA will:

– Make a decision whether or not to grant the employer more time. Once made, the decision remains in effect unless an employee or employee representative requests a hearing.

– Keep the original correction date in effect unless a notice granting more time is sent.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 06-06-020, § 296-900-16005, 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, § 296-900-16005, filed 2/21/06, effective 6/1/06.

Rules

296-800,