WSR 15-04-115
PROPOSED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed February 3, 2015, 10:35 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-09-090.
Title of Rule and Other Identifying Information: Chapter 296-900 WAC, Administrative rules.
Hearing Location(s): Department of Labor and Industries, Tumwater Office, 7273 Linderson Way S.W., Tumwater, WA, on March 10, 2015, at 9:00 a.m.; at the Red Lion at the Quay, 100 Columbia Street, Vancouver, WA, on March 11, 2015, at 1:00 p.m.; at the Department of Labor and Industries, Tukwila Office, 12806 Gateway Drive South, Tukwila, WA, on March 13, 2015, at 9:00 a.m.; at the Department of Labor and Industries, Yakima Office, 15 West Yakima Avenue, Suite 100, Yakima, WA, on March 16, 2015, at 1:00 p.m.; at the Enduris Training Facility, 1610 South Technology Boulevard, Spokane, WA, on March 18, 2015, at 9:00 a.m.; and at the Department Of Labor and Industries, Tumwater Office, 7273 Linderson Way S.W., Tumwater, WA, on March 20, 2015, at 9:00 a.m.
Date of Intended Adoption: June 1, 2015.
Submit Written Comments to: Cindy Ireland, Administrative Regulations Analyst, Division of Occupational Safety and Health, P.O. Box 44620, Olympia, WA 98504-4620, Cynthia.Ireland@lni.wa.gov, by 5:00 p.m. on March 31, 2015.
In addition to written comments, the department will accept comments submitted by fax (360) 902-5619. Comments submitted by fax must be ten pages or less.
Assistance for Persons with Disabilities: Contact Cynthia Ireland by February 24, 2015, (360) 902-5522 or cynthia.ireland@lni.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Occupational Safety and Health Administration (OSHA) changed its policies for calculating penalties in October 2010. In October 2012, OSHA updated the states activities mandated measures (SAMM) report to require state plan states to meet new measures for calculating penalties. Failure to adopt rules to respond to the change in OSHA policies and to meet the new SAMM measures could result in the suspension of Washington's state plan approval and/or federal funding.
WAC 296-900-140 Monetary penalties.
•
Add the following definitions for clarity: Base penalty, division/DOSH, gravity, inpatient hospitalization, probability rate, severity, and WISHA.
WAC 296-900-14005 Reasons for monetary penalties.
•
Change the word "WISHA" to "DOSH" throughout this section when not related to the actual act.
•
Add a minimum penalty amount of two thousand five hundred dollars for violations issued when contributing to a fatality.
WAC 296-900-14010 Base penalties.
•
Change the word "WISHA" to "DOSH" throughout this section when not related to the actual act.
•
Change the severity rates to 1 (lowest) to 3 (highest).
•
Delete redundant language.
•
Change Table 3 to reflect the change to the severity rates. Also, clarified the language in the table.
•
Add Table 4 to address severity relating for general violations.
•
Update the definition of probability rate and change the probability rates to 1 (lowest) to 3 (highest).
•
Add Table 5 to reflect the change to the probability rates.
•
Delete current Table 4 and add Table 6 to determine the gravity based penalty. The proposed changes for the severity and probability rates changed the way a gravity based penalty is determined.
•
Add clarifying language relating to the minimum and maximum penalties for a serious violation.
•
Add Table 7 to address gravity based penalties for general violations. Also add language relating to first time general violations.
WAC 296-900-14015 Base penalty adjustments.
•
Change the word "WISHA" to "DOSH" throughout this section when not related to the actual act.
•
Add a minimum penalty amount of two thousand five hundred dollars for violations issued when contributing to a fatality.
•
Add language in the note referencing Tables 12 through 14.
•
Delete current Table 5.
•
Add Table 8 relating to employer inspection history. No changes were made to these percentages from current WAC to the proposed rule. Add clarifying language.
•
Add language after Table 8 stating that no reduction would be given if the violations are classified as willful, repeat, failure to abate, or violations contributing to an inpatient hospitalization with an assigned gravity of six or nine or any violations contributing to a fatality.
•
Add Table 9 relating to good faith. The reduction for excellent good faith (thirty-five percent) was removed.
•
Add clarifying language on how to determine an employer's good faith.
•
Add language after Table 9 stating that no reduction would be given if the violations are classified as willful, repeat, or failure to abate.
•
Add Table 10 relating to an abatement quick-fix reduction (fifteen percent).
•
Add language after Table 10 stating that no reduction would be given if the violations are classified as willful, repeat, failure to abate, or contributing to an inpatient hospitalization or fatality. Also add language that no reduction would be given for blatant violations that are easily corrected or abated.
•
Add Table 11 relating to an employer's size of workforce. The size of workforce was broken out into:
o
1 – 10 employees (seventy percent reduction)
o
11 – 25 employees (sixty percent reduction)
o
26 – 100 employees (forty percent reduction)
o
101 – 250 employees (twenty percent reduction)
o
251 or more employees (no reduction)
•
Add language stating that the employer's size of workforce is based on number of employees nationwide.
WAC 296-900-14020 Increases to adjusted base penalties.
•
Change the word "WISHA" to "DOSH" throughout this section when not related to the actual act.
•
Add language to reference Tables 12 through 14.
•
Delete current Table 6.
•
Add Table 12 relating to repeat violations. Repeat violations were broken out into:
o
1st time repeat x 2
o
2nd time repeat x 5
o
3rd time repeat x 8
o
4th time repeat x 12
o
5th time repeat x 15
•
Add language about the maximum statutory penalty.
•
Add a note clarifying that when there is a repeat willful violation the repeat adjustment is taken after the willful assessment.
•
Add Table 13 relating to willful violations.
•
Add Table 14 relating to failure to abate violations.
•
Add Table 15 relating to egregious violations.
•
Add Table 16 relating to the penalty calculation method clarifying that all penalty adjustments factors are summed.
WAC 296-900-180 Definitions.
•
Changed "WISHA services" to "division of occupational safety and health (DOSH)" in the definition of "assistant director."
•
Add definitions for base penalty, division/DOSH, gravity, inpatient hospitalization and severity.
•
Change the probability rate definition to "ranging from 1 (lowest) to 3 (highest)."
Reasons Supporting Proposal: The division of occupational safety and health (DOSH) is proposing to align its penalty calculation rule with OSHA's measures for calculating penalties to ensure that DOSH's rule is at-least-as-effective-as OSHA's (requiring that the average penalty for serious violations (private sector employers only) in total and by size of the employer be within +/- 25% of the three-year national average). The penalty calculation rule proposal contemplated by DOSH is intended to impart a more consistent and fair application of the penalties imposed.
It is important for stakeholders to know that DOSH is considering proposing less impactful penalty calculations designed to give very small businesses an additional size deduction, a new immediate permanent abatement deduction during the inspection for most inspections, and raising the "repeat and failure to abate" multipliers to greatly encourage the elimination of repeat or willful behavior.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.
Statute Being Implemented: Chapter 49.17 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Lena Wang, Tumwater, Washington, (360) 902-5516; Implementation and Enforcement: Anne Soiza, Tumwater, Washington, (360) 902-5090.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The penalty calculation rules interpret the penalty provisions that the legislature wrote in chapter 49.17 RCW and are not subject to small business economic impact statement requirements. Additionally, the changes in the proposed rule do not place any new obligations on employers and they do not require employers to incur additional costs.
A cost-benefit analysis is not required under RCW 34.05.328. The changes in the proposed rule do not place any new obligations on employers and they do not require employers to incur additional costs.
February 3, 2015
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 06-06-020, filed 2/21/06, effective 6/1/06)
WAC 296-900-140 Monetary penalties.
Summary:
Employer responsibility:
To pay monetary penalties if assessed.
Contents:
Reasons for monetary penalties
WAC 296-900-14005.
Base penalties
WAC 296-900-14010.
Base penalty adjustments
WAC 296-900-14015.
Increases to adjusted base penalties
WAC 296-900-14020.
Definitions:
• "Base penalty" means that penalty amount calculated for a violation by considering either specific statutory penalty amounts or the gravity of the violation.
• "Division" or "DOSH" means the division of occupational safety and health, Washington state department of labor and industries.
• "Gravity" for purposes of calculating a penalty, means the amount calculated by multiplying a violation's severity rate by its probability rate.
• "Inpatient hospitalization" means 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.
• "Monetary penalties" are fines assessed against an employer for violations of safety and health requirements.
• "Probability rate" means a number that describes the likelihood that an injury, illness, or disease will occur ranging from 1 (lowest) to 3 (highest).
• "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.
• "WISHA" means the Washington Industrial Safety and Health Act.
AMENDATORY SECTION (Amending WSR 06-06-020, filed 2/21/06, effective 6/1/06)
WAC 296-900-14005 Reasons for monetary penalties.
• ((WISHA)) DOSH may assess monetary penalties when a citation and notice is issued for any violation of safety and health rules or statutes.
• ((WISHA)) DOSH will assess monetary penalties under the following conditions:
– When a citation and notice is issued for a serious, willful, or egregious violation.
– When civil penalties are specified by statute as described in RCW 49.17.180.
Note:
In addition to penalties specified by WISHA, there are penalties specified by other statutes, such as:
 
• Asbestos construction projects, RCW 49.26.016.
 
• Right to know (RTK)—MSDS, RCW 49.70.190.
 
• Right to know—Penalty for late payment, RCW 49.70.177.
• The minimum civil penalties assessed by ((WISHA)) DOSH are:
– One hundred dollars for any penalty.
– Two thousand five hundred dollars per violation for violations contributing to a fatality.
– Five thousand dollars per violation for all willful violations.
– Two hundred fifty dollars per day for asbestos good faith inspection (RCW 49.26.016 and 49.26.013).
AMENDATORY SECTION (Amending WSR 06-06-020, filed 2/21/06, effective 6/1/06)
WAC 296-900-14010 Base penalties.
• ((WISHA)) DOSH calculates the base penalty for a violation by considering the following:
– Specific amounts that are dictated by statute;
OR
– By assigning a weight to a violation, called "gravity." Gravity is calculated by multiplying a violation's severity rate by its probability rate. Expressed as a formula:
Gravity = Severity x Probability
Note:
Most base penalties are calculated by the gravity method.
• Severity and probability are established in the following ways:
Severity:
– Severity rates are based on the most serious injury, illness, or disease that could be reasonably expected to occur because of a hazardous condition.
– Severity rates are expressed in whole numbers and range from 1 (lowest) to ((6)) 3 (highest). ((Violations with a severity rating of 4, 5, or 6 are considered serious.
– WISHA uses)) – Tables 3((, Severity Rates,)) and 4 are used to determine the severity rate for a violation.
Table 3
Severity ((Rates)) - Serious Violations
((Severity
Most serious injury, illness, or disease from the violation is likely to be:
6)) 3
•
Death
 
•
Injuries involving permanent ((severe)) disability
 
•
Chronic, irreversible illness
((5)) 2
•
((Permanent)) Disability of a limited ((or less severe)) nature
 
•
Injuries or reversible illnesses resulting in hospitalization
((4)) 1
•
Injuries or temporary, reversible illnesses resulting in serious physical harm
 
•
May require removal from exposure or supportive treatment without hospitalization for recovery
((3
•
Would probably not cause death or serious physical harm, but have at least a major impact on and indirect relationship to serious injury, illness, or disease
 
•
Could have direct and immediate relationship to safety and health of employees
 
•
First aid is the only medical treatment needed
2
•
Indirect relationship to nonserious injury, illness, or disease
 
•
No injury, illness, or disease without additional violations
1
•
No injury, illness, disease
 
•
Not likely to result in injury even in the presence of other violations))
Table 4
Severity - General Violations
 
General violation
•
Conditions that could cause injury or illness to an employee but would not result in serious physical harm
Probability:
Definition:
A probability rate is a number that describes the likelihood ((of)) that an injury, illness, or disease ((occurring,)) will occur ranging from 1 (lowest) to ((6)) 3 (highest). See Table 5.
– When determining probability, ((WISHA)) DOSH considers a variety of factors, depending on the situation, such as:
■ Frequency and amount of exposure.
■ Number of employees exposed.
■ Instances, or number of times, the hazard is identified in the workplace.
■ How close an employee is to the hazard, i.e., the proximity of the employee to the hazard.
■ Weather and other working conditions.
■ Employee skill level and training.
■ Employee awareness of the hazard.
■ The pace, speed, and nature of the task or work.
■ Use of personal protective equipment.
■ Other mitigating or contributing circumstances.
Table 5
Probability
3
•
If the factors considered indicate the likelihood of injury or illness would be relatively high.
2
•
If the factors considered indicate the likelihood of injury or illness would be moderate.
1
•
If the factors considered indicate an injury or illness could occur, but the likelihood would be relatively low.
– ((WISHA uses Table 4, Gravity Based Penalty,)) Table 6 is used to determine the dollar amount for each gravity-based penalty, unless otherwise specified by statute.
((Table 4
Gravity Based Penalty
Gravity
Base Penalty
1
$100
2
$200
3
$300
4
$400
5
$500
6
$1000
8
$1500
9
$2000
10
$2500
12
$3000
15
$3500
16
$4000
18
$4500
20
$5000
24
$5500
25
$6000
30
$6500
36
$7000))
Table 6
Gravity-Based Penalty - Serious Violations
Severity x Probability = Gravity
9
High
$7,000
6
$6,000
4
$4,000
3
$3,000
2
$2,000
1
Low
$1,000
The minimum penalty for a serious violation = $100.
(A penalty is required by statute for a serious violation; where adjustments would result in a penalty below the minimum, the minimum will be applied.)
The maximum statutory penalty for a serious violation = $7,000.
Table 7
Gravity-Based Penalty - General Violations
General violation (first time nonstatutory)
$0
Gravity-based general violation
$200
Gravity-based penalty not applied to first time general violations.
Gravity-based penalty used to calculate penalty for willful, repeat, or failure to abate general violations calculation purposes.
AMENDATORY SECTION (Amending WSR 06-06-020, filed 2/21/06, effective 6/1/06)
WAC 296-900-14015 Base penalty adjustments.
• ((WISHA may adjust base penalties. Table 5, Adjusted Base Penalties,)) Tables 8 through 11 describe((s)) the various factors ((WISHA)) DOSH considers when adjusting a base penalty, and the effect on the fine.
– The minimum adjusted base penalty for any violation carrying a penalty is one hundred dollars.
– The minimum adjusted penalty for serious violations contributing to a fatality is two thousand five hundred dollars.
– The minimum penalty for willful violations is five thousand dollars.
– The maximum adjusted base penalty for a violation is seven thousand dollars.
• No adjustments are made to minimum penalty amounts specified by statute.
Note:
Repeat, willful, egregious, or failure-to-abate (failure to correct) penalty adjustments can exceed seven thousand dollars. See ((Increases to adjusted base penalties,)) Tables 12 through 14 in WAC 296-900-14020((,)) for those penalties.
((Table 5
Adjusted Base Penalties
For this type
of adjustment:
WISHA will
consider:
The base penalty will be adjusted as follows:
Good faith effort
•
Awareness of act
Excellent rating = 35% reduction
 
•
Effort before an inspection to provide a safe and healthful workplace for employees
Good rating = 20% reduction
 
•
Effort to follow a requirement they have violated
Average rating = No adjustment
 
•
Cooperation during an inspection, measured by a desire to follow the cited requirement and immediately correct identified hazards
Poor rating = 20% increase
Size of workforce
•
Work force size at all sites in Washington state
1-25 employees = 60% reduction
26-100 employees = 40% reduction
 
 
 
101-250 employees = 20% reduction
 
 
 
More than 250 employees = No adjustment
Employer history
•
History of previous safety and health violations in Washington state and injury and illness rates for that employer
Good history = 10% reduction
Average history = No adjustment
Poor history = 10% increase))
Table 8
Employer Inspection History
History Assessment
Penalty Adjustment
Above Average:
Inspections with less than one serious violation on average and no willful, repeat, or failure to abate violations.
-10%
Average:
No previous inspections or inspections with less than two serious violations on average.
None
Below Average:
Inspections with willful, repeat, or failure to abate violations or inspections with two or more serious violations on average.
+10%
Based on:
• Previous three years violation history statewide.
No reduction is given for violations classified as willful, repeat, failure to abate, or violations contributing to an inpatient hospitalization with an assigned gravity of 6 or 9 or any violations contributing to a fatality.
Table 9
Good Faith
Good Faith
Penalty Adjustment
Good
-20%
Average
None
Below Average
+20%
Based on:
• Evidence of an overall safety and health program, including a written accident prevention program (APP), other required written programs, training, etc.
• Efforts to fully communicate safety and health policies.
• Employees are clearly involved in the safety and health programs.
• Management's commitment at all levels is apparent.
• Employer's injury and illness rate.
No reduction is given for violations classified as willful, repeat, or failure to abate.
Table 10
Abatement Quick-Fix Reduction
Immediate correction of hazard provided such corrective action is substantial and not temporary or superficial
-15%
No reduction is given for:
• Violations classified as willful, repeat, or failure to abate.
• Violations contributing to an inpatient hospitalization or fatality, or to any incidents resulting in serious injuries to employees.
• Blatant violations that are easily corrected or "abated" due to the short-term duration of work at a specific location.
Table 11
Size of Workforce
Number of Employees
Penalty Adjustment
1 - 10
-70%
11 - 25
-60%
26 - 100
-40%
101 - 250
-20%
251 or more
None
Based on workforce size nationwide.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-900-14020 Increases to adjusted base penalties.
• ((WISHA may increase an adjusted base penalty in certain circumstances. Table 6, Increases to Adjusted Base Penalties,)) Tables 12 through 14 describe((s)) circumstances where an increase may be applied by DOSH to an adjusted base penalty.
((Table 6
Increases to Adjusted Base Penalties
For this circumstance:
The adjusted base penalty may be increased as follows:
Repeat violation
When the employer has been previously cited for a substantially similar hazard, with a final order for the previous violation dated no more than 3 years prior to the employer committing the violation being cited.
•
Multiplied by the total number of citations with violations involving similar hazards, including the current inspection.
Note: The maximum penalty can't exceed seventy thousand dollars for each violation.
Willful violation
•
Multiplied by ten with at least the statutory minimum penalty of five thousand dollars
An act committed with the intentional, knowing, or voluntary disregard for the WISHA requirements or with plain indifference to employee safety.
 
Note: The maximum penalty can't exceed $70,000 for each violation.
Egregious violation
If the violation was willful and at least one of the following:
•
With a separate penalty issued for each instance the employer fails to follow a specific requirement.
•
The violations resulted in worker fatalities, a worksite catastrophe, or a large number of injuries or illnesses.
 
 
•
The violations resulted in persistently high rates of worker injuries or illnesses.
 
 
•
The employer has an extensive history of prior violations.
 
 
•
The employer has intentionally disregarded its safety and health responsibilities.
 
 
•
The employer's conduct taken as a whole amounts to clear bad faith in the performance of his/her duties.
 
 
•
The employer has committed a large number of violations so as to undermine significantly the effectiveness of any safety and health program that might be in place.
 
 
Failure to abate (FTA)
Failure to correct a cited WISHA violation on time.
•
Based on the facts at the time of reinspection, will be multiplied by:
Reference: For how to certify corrected violations, go to Certifying violation corrections, WAC 296-900-15005 through 296-900-15030.
–
At least five, but up to ten, based on the employer's effort to comply.
 
–
The number of calendar days past the correction date, with a minimum of five days.
 
 
Note: The maximum penalty can't exceed seven thousand dollars per day for every day the violation is not corrected.))
Table 12
Repeat Violations
(increases the adjusted base penalty, after willful assessment)
1st time x 2
2nd time x 5
3rd time x 8
4th time x 12
5th time x 15
• Three year look back period
• Maximum statutory penalty = $70,000
Note:
For repeat willful violations the repeat adjustment is taken after the willful assessment.
Table 13
Willful Violations
Multiply the adjusted based penalty by 10.
•
No adjustment is given for good faith, history, or abatement quick-fix.
Minimum statutory penalty = $5,000
Maximum statutory penalty = $70,000
Table 14
Failure to Abate
Increases the adjusted base penalty:
Adjusted base penalty is multiplied by the number of calendar days past the correction date, with a minimum of five days.
•
No reduction in the base penalty is given for good faith, history, or abatement quick-fix.
Maximum statutory penalty cannot exceed $7,000 per day if violation is not corrected.
Table 15
Egregious Violation
If the violation was willful and at least one of the following:
•
With a separate penalty issued for each instance, the employer fails to follow a specific requirement.
•
The violations resulted in worker fatalities, a worksite catastrophe, or large number of injuries or illnesses.
•
The violation resulted in persistently high rates of worker injuries or illnesses.
 
•
The employer has an extensive history of prior violations.
 
 
•
The employer has intentionally disregarded its safety and health responsibilities.
 
 
•
The employer's conduct taken as a whole amounts to clear bad faith in the performance of his/her duties.
 
 
•
The employer has committed a large number of violations so as to undermine significantly the effectiveness of any safety and health program that might be in place.
 
 
Table 16
Penalty Calculation Method
All penalty adjustments factors are summed.
•
History: Up to a 10% reduction
•
Good Faith: Up to a 20% reduction
•
Quick-Fix: Up to a 15% reduction
•
Size: Up to a 70% reduction
AMENDATORY SECTION (Amending WSR 06-06-020, filed 2/21/06, effective 6/1/06)
WAC 296-900-180 Definitions.
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 ((WISHA services)) 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 rate
A number that describes the likelihood of an injury, illness, or disease occurring, ranging from 1 (lowest) to ((6)) 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
 
WARNING:
EQUIPMENT
HAZARD
 
Cited by the Department of Labor and Industries
 
Equipment cited:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Hazard cited:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
For detailed information, see L&I citation posted at:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WARNING:
EQUIPMENT
HAZARD
 
See reverse side
 
This tag or similar tag or a copy of the citation must remain attached to this equipment until the criteria for removal in WAC 296-900-15035 are met.
 
The tag/citation copy must not be altered, defaced, or covered by other material.