WSR 17-22-117 PERMANENT RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed October 31, 2017, 12:12 p.m., effective January 1, 2018] Effective Date of Rule: January 1, 2018. Purpose: The purpose of this adoption is to update the appeal extension dates within WAC 296-900-17005 to coincide with 2017 HB 1629 (chapter 13, Laws of 2017).
Additional updates made during this rule making, not affiliated with HB 1629, were housekeeping changes and eRules formatting, as well as adding the option to file appeals electronically, all of which do not introduce new requirements or cause any costs to employers.
Changes being adopted as proposed in this rule making to be consistent with HB 1629:
Other changes being adopted as proposed in this rule making include:
Citation of Rules Affected by this Order: Amending WAC 296-900-17005. Adopted under notice filed as WSR 17-17-133 on August 22, 2017. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: October 31, 2017. Joel Sacks Director
AMENDATORY SECTION (Amending WSR 12-02-055, filed 1/3/12, effective 7/1/12)
WAC 296-900-17005 Appealing a citation and notice (C&N).
IMPORTANT:
((•)) 1. Employers may appeal C&Ns.
((•)) 2. Employees of the cited employer, or their designated representatives, may only appeal abatement dates.
((•)) 3. The filing of an appeal does not stay the abatement date for violations classified as serious, willful, repeat serious, or failure to abate serious. Employers may request a stay of abatement date for these classifications of violations when they appeal a C&N.
((You must:
•)) (1) You must, when appealing, submit a written appeal to DOSH within fifteen working days after receiving the C&N. Include the following information:
((–)) (a) Business name, address, and telephone number.
((–)) (b) Name, address, and telephone number of any employer representative.
((–)) (c) C&N number.
((–)) (d) What you believe is wrong with the C&N and any related facts.
((–)) (e) What you believe should be changed, and why.
((–)) (f) Requests for stay of abatement date according to WAC 296-900-17006.
((–)) (g) A signature and date.
((•)) (2) You must send appeals in any of the following ways:
– Mail to:
Assistant Director for DOSH Services
Attn: DOSH Appeals
P.O. Box 44604
Olympia, WA 98504-4604
– Fax to: 360-902-5581
- Electronically to: DOSHappeals@lni.wa.gov
– Take to any department service location.
((Employees or their designated representatives must:
•)) (3) Employees or their designated representatives must, when appealing C&N abatement dates, submit a written request to DOSH within fifteen working days after the C&N is received. Include the following information:
((–)) (a) Name of employee, address, telephone number.
((–)) (b) Name, address, and telephone number of any designated representative.
((–)) (c) C&N number.
((–)) (d) What is believed to be wrong with the abatement date.
((–)) (e) A signature and date.
((•)) (4) Employees or their designated representatives must send appeals in any of the following ways:
– Mail to:
Assistant Director for DOSH Services
Attn: DOSH Appeals
P.O. Box 44604
Olympia, WA 98504-4604
– Fax to: 360-902-5581
- Electronically to: DOSHappeals@lni.wa.gov
– Take to any L&I service location.
What to expect from DOSH:
((•)) (5) After receiving an appeal, DOSH will do one of the following:
((–)) (a) Reassume jurisdiction over the C&N, and notify the person who submitted the appeal.
((–)) (b) Forward the appeal to the board of industrial insurance appeals. The board will send the person submitting the appeal a notice with the time and location of any board proceedings.
Definition:
Reassume jurisdiction ((means that)). DOSH has decided to provide the employer with an informal conference to discuss their appeal.
((•)) (6) When reassuming jurisdiction over a C&N, DOSH has thirty working days after receiving the appeal to review it, gather more information, and decide whether to make changes to the C&N. The review period:
((–)) (a) Begins the first working day after the appeal is received. For example, if an appeal is received on Friday, the thirty days will begin on the following Monday unless it's a state holiday.
((–)) (b) May be extended ((fifteen)) up to forty-five additional working days, if everyone involved agrees and signs an extension agreement within the initial thirty-day period.
((–)) (c) Will include an informal conference about the appeal that is an opportunity for interested parties to:
((•)) (i) Briefly explain their positions.
((•)) (ii) Provide any additional information they would like DOSH to consider when reviewing the C&N.
((•)) (iii) Provide any additional information they would like DOSH to consider when reviewing stay of abatement date requests.
((•)) (7) On or before the end of the thirty working day review period, or ((forty-five)) up to seventy-five working days if everyone involved agrees to the ((fifteen)) extension of up to forty-five additional working days ((extension)), DOSH will issue a corrective notice of redetermination that:
((–)) (a) Reflects any changes made to the C&N.
((–)) (b) Grants or denies requests to stay abatement dates and includes the basis of the decision.
((–)) (c) Is sent to the employer, employees, and employee representatives participating in the appeal process.
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