Section 296-900-180. Definitions.


Latest version.
  • Affected employees
    Employees who could be one of the following:
    • Exposed to unsafe conditions or practices.
    • Affected by a request for, or change in, a variance from WISHA requirements.
    Assistant director
    The assistant director for the division of occupational safety and health (DOSH) at the department of labor and industries or his/her designated representative.
    Base penalty
    The penalty amount calculated for a violation by considering either specific statutory penalty amounts or the gravity of the violation.
    Board
    The board of industrial insurance appeals.
    Certification
    An employer's written statement describing when and how a citation violation was corrected.
    Citation
    See citation and notice.
    Citation and notice
    Issued to an employer for any violation of WISHA safety and health requirements. Also known as a citation and notice of assessment, or simply citation.
    Correction action plans
    Your written plans for correcting a WISHA violation.
    Correction date
    The date by which you must meet the WISHA requirements listed on either a:
    • Citation and notice (C&N);
    OR
    • A Corrective notice of redetermination (CNR).
    Corrective notice of redetermination (CNR)
    Issued by WISHA after WISHA has reassumed jurisdiction over an appealed citation and notice.
    Designated representative
    Any of the following:
    • Any individual or organization to which an employee gives written authorization.
    • A recognized or certified collective bargaining agent without regard to written employee authorization.
    • The legal representative of a deceased or legally incapacitated employee.
    Division or DOSH
    The division of occupational safety and health, Washington state department of labor and industries.
    Documentation
    Material that an employer submits to prove that a correction is completed. Documentation includes, but is not limited to, photographs, receipts for materials and labor.
    Failure to abate (FTA)
    A violation that was cited previously which the employer has not fixed.
    Final order
    Any of the following (unless an employer or other party files a timely appeal):
    • Citation and notice.
    • Corrective notice of redetermination.
    • Decision and order from the board of industrial insurance appeals.
    • Denial of petition for review from the board of industrial insurance appeals.
    • Decision from a Washington state superior court, court of appeals, or the state supreme court.
    Final order date
    The date a final order is issued.
    Gravity
    For purposes of calculating a penalty means the amount calculated by multiplying a violation's severity rate by its probability rate.
    Hazard
    Any condition, potential or inherent, which can cause injury, death, or occupational disease.
    Imminent danger violation
    Any violation resulting from conditions or practices in any place of employment, which are such that a danger exists which could reasonably be expected to cause death or serious physical harm, immediately or before such danger can be eliminated through the enforcement procedures otherwise provided by the Washington Industrial Safety and Health Act.
    Inpatient hospitalization
    Formal admission to the inpatient service of a hospital or an equivalent medical facility on an emergent basis for a work-related injury, or illness.
    Interim order
    An order allowing an employer to vary from WISHA requirements until a permanent or temporary variance is granted.
    Monetary penalties
    Fines assessed against an employer for violations of safety and health requirements.
    Movable equipment
    A hand-held or nonhand-held machine or device that:
    • Is powered or nonpowered.
    • Can be moved within or between worksites.
    Must
    Means mandatory.
    Permanent variance
    Allows an employer to vary from WISHA requirements when an alternate means, that provides equal protection to workers, is used.
    Probability
    A number that describes the likelihood of an injury, illness, or disease occurring, ranging from 1 (lowest) to 3 (highest).
    Reassume jurisdiction
    WISHA has decided to provide the employer with an informal conference to discuss their appeal.
    Repeat violation
    A violation where the employer has been cited one or more times previously for a substantially similar hazard, and the prior violation has become a final order no more than three years prior to the employer committing the violation being cited.
    Serious violation
    When there is a substantial probability that death or serious physical harm could result from one of the following in the workplace:
    • A condition that exists.
    • One or more practices, means, methods, operations, or processes that have been adopted or are in use.
    Severity
    For purposes of calculating a penalty means the most serious injury, illness, or disease that could be reasonably expected to occur, ranging from 1 (lowest) to 3 (highest), because of a hazardous condition.
    Temporary variance
    Allows an employer to vary from WISHA requirements under certain circumstances.
    Variance
    Provides an approved alternative to WISHA requirements to protect employees from a workplace hazard. Variances can be permanent or temporary.
    WAC
    An acronym for Washington Administrative Code, which are rules developed to address state law.
    WISHA
    This is an acronym for the Washington Industrial Safety and Health Act.
    You
    An employer.
    Sample Tag for Cited Moveable Equipment
    [Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 15-13-049, § 296-900-180, filed 6/9/15, effective 9/1/15; WSR 06-06-020, § 296-900-180, filed 2/21/06, effective 6/1/06.]
RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 15-13-049, § 296-900-180, filed 6/9/15, effective 9/1/15; WSR 06-06-020, § 296-900-180, filed 2/21/06, effective 6/1/06.