WSR 01-06-059

PROPOSED RULES

BOARD OF INDUSTRIAL

INSURANCE APPEALS

[ Filed March 7, 2001, 10:02 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: New section WAC 263-12-059 Appeals arising under the Washington Industrial Safety and Health Act -- Notice to interested employees.

Purpose: RCW 49.17.130 requires that the Board of Industrial Insurance Appeals ensure that employees be given the opportunity to participate in appeals filed by the employer. This rule effectuates that requirement.

Statutory Authority for Adoption: RCW 51.52.020.

Statute Being Implemented: RCW 49.17.130.

Summary: Requires notice of appeal be posted by employer in order to give notice to employees. The rule specifies the contents and requirement that the employer file a certificate of proof of compliance.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David E. Threedy, 2430 Chandler Court S.W., Olympia, WA, (360) 753-9646.

Name of Proponent: Board of Industrial Insurance Appeals, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: RCW 49.17.130 requires that the Board of Industrial Insurance Appeals ensure that employees be given the opportunity to participate in appeals filed by the employer. This rule effectuates that requirement. This rule describes the method of providing notices to employees, as well as requiring that employer file a certificate of compliance with the notice requirement.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This is a procedural rule affecting a requirement relating to hearings before the agency.

Hearing Location: Board of Industrial Insurance Appeals, Main Conference Room, 2430 Chandler Court S.W., Olympia, WA, on April 10, 2001, at 1:30 - 3:30.

Assistance for Persons with Disabilities: Contact Dee Mathews by March 30, 2001, (360) 753-9646.

Submit Written Comments to: David E. Threedy, P.O. Box 42401, Olympia, WA 98504-2401, fax (360) 586-5611, by April 9, 2001.

Date of Intended Adoption: April 11, 2001.

March 7, 2001

David E. Threedy

Executive Secretary


NEW SECTION
WAC 263-12-059   Appeals arising under the Washington Industrial Safety and Health Act -- Notice to interested employees.   In the case of any appeal by an employer concerning an alleged violation of the Washington Industrial Safety and Health Act, the employer shall give notice of such appeal to its employees by either: (1) providing copies of the appeal to each employee member of the employer's safety committee; or (2) by posting a copy of the appeal in a conspicuous place at the work site at which the alleged violation occurred. Any posting shall remain during the pendency of the appeal.

The employer shall also provide notice advising interested employees that an appeal has been filed with the board and that any employee or group of employees who wish to participate in the appeal may do so by contacting the board. Such notice shall include the address of the board.

The employer shall file with the board a certificate of proof of compliance with this section within fourteen days of receipt of the board's notice acknowledging receipt of the appeal. If notice as required by this section is not possible the employer shall advise the board or its designee of the reasons why notice cannot be accomplished. If the board accepts the impossibility of the required notice it will prescribe the terms and conditions of a substitute notice procedure reasonably calculated to give notice to affected employees.

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Washington State Code Reviser's Office