CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 6282
53rd Legislature
1994 Regular Session
Passed by the Senate February 8, 1994 YEAS 46 NAYS 0
President of the Senate
Passed by the House March 1, 1994 YEAS 97 NAYS 0 |
CERTIFICATE
I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6282 as passed by the Senate and the House of Representatives on the dates hereon set forth. |
Speaker of the House of Representatives |
Secretary
|
Approved |
FILED |
|
|
Governor of the State of Washington |
Secretary of State State of Washington |
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SUBSTITUTE SENATE BILL 6282
_______________________________________________
Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994 Regular Session
By Senate Committee on Labor & Commerce (originally sponsored by Senators Wojahn and Winsley; by request of Department of Labor & Industries)
Read first time 01/26/94.
AN ACT Relating to industrial safety and health appeals; and amending RCW 49.17.140.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 49.17.140 and 1986 c 20 s 1 are each amended to read as follows:
(1) If after an
inspection or investigation the director or ((his)) the director's
authorized representative issues a citation under the authority of RCW 49.17.120
or 49.17.130, the department, within a reasonable time after the termination of
such inspection or investigation, shall notify the employer by certified mail
of the penalty to be assessed under the authority of RCW 49.17.180 and shall
state that the employer has fifteen working days within which to notify the
director that ((he)) the employer wishes to appeal the citation
or assessment of penalty. If, within fifteen working days from the
communication of the notice issued by the director the employer fails to notify
the director that ((he)) the employer intends to appeal the
citation or assessment penalty, and no notice is filed by any employee or
representative of employees under subsection (3) of this section within such
time, the citation and the assessment shall be deemed a final order of the
department and not subject to review by any court or agency.
(2) If the director has
reason to believe that an employer has failed to correct a violation for which
a citation has been issued within the period permitted in the citation for its
correction, which period shall not begin to run until the entry of a final
order in the case of any appeal proceedings under this section initiated by the
employer in good faith and not solely for delay or avoidance of penalties, the
director shall notify the employer by certified mail of such failure to correct
the violation and of the penalty to be assessed under RCW 49.17.180 by reason
of such failure, and shall state that the employer has fifteen working days
from the communication of such notification and assessment of penalty to notify
the director that ((he)) the employer wishes to appeal the
director's notification of the assessment of penalty. If, within fifteen
working days from the receipt of notification issued by the director the
employer fails to notify the director that ((he)) the employer
intends to appeal the notification of assessment of penalty, the notification
and assessment of penalty shall be deemed a final order of the department and
not subject to review by any court or agency.
(3) If any employer
notifies the director that ((he)) the employer intends to appeal
the citation issued under either RCW 49.17.120 or 49.17.130 or notification of
the assessment of a penalty issued under subsections (1) or (2) of this
section, or if, within fifteen working days from the issuance of a citation
under either RCW 49.17.120 or 49.17.130 any employee or representative of
employees files a notice with the director alleging that the period of time
fixed in the citation for the abatement of the violation is unreasonable, the
director may reassume jurisdiction over the entire matter, or any portion
thereof upon which notice of intention to appeal has been filed with the
director pursuant to this subsection. If the director reassumes jurisdiction
of all or any portion of the matter upon which notice of appeal has been filed
with the director, any redetermination shall be completed and corrective
notices of assessment of penalty, citations, or revised periods of abatement completed
within a period of thirty working days((, which)). The
thirty-working-day redetermination period may be extended up to fifteen
additional working days upon agreement of all parties to the appeal. The
redetermination shall then become final subject to direct appeal to the board
of industrial insurance appeals within fifteen working days of such
redetermination with service of notice of appeal upon the director. In the
event that the director does not reassume jurisdiction as provided in this subsection,
((he)) the director shall promptly notify the state board of
industrial insurance appeals of all notifications of intention to appeal any
such citations, any such notices of assessment of penalty and any employee or
representative of employees notice of intention to appeal the period of time
fixed for abatement of a violation and in addition certify a full copy of the
record in such appeal matters to the board. The director shall adopt rules of
procedure for the reassumption of jurisdiction under this subsection affording employers,
employees, and employee representatives notice of the reassumption of
jurisdiction by the director, and an opportunity to object or support the
reassumption of jurisdiction, either in writing or orally at an informal
conference to be held prior to the expiration of the ((thirty-day)) redetermination
period. A notice of appeal filed under this section shall stay the
effectiveness of any citation or notice of the assessment of a penalty pending
review by the board of industrial insurance appeals, but such appeal shall not
stay the effectiveness of any order of immediate restraint issued by the
director under the authority of RCW 49.17.130. The board of industrial
insurance appeals shall afford an opportunity for a hearing in the case of each
such appellant and the department shall be represented in such hearing by the
attorney general and the board shall in addition provide affected employees or
authorized representatives of affected employees an opportunity to participate
as parties to hearings under this subsection. The board shall thereafter make
disposition of the issues in accordance with procedures relative to contested
cases appealed to the state board of industrial insurance appeals.
Upon
application by an employer showing that a good faith effort to comply with the
abatement requirements of a citation has been made and that the abatement has
not been completed because of factors beyond ((his)) the employer's
control, the director after affording an opportunity for a hearing shall issue
an order affirming or modifying the abatement requirements in such citation.
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