PDFWAC 296-900-12015

Complaints.

(1) Employees or employee representatives may file a written complaint if they believe they have been exposed to a hazard that is a violation of WISHA safety and health requirements.
What to expect from WISHA:
(2) After receiving a written complaint from an employee or employee representative, WISHA reviews the allegations and responds according to Table 2, WISHA Responses to Employee Complaints.
Table 2
WISHA Responses to Employee Complaints
For this determination:
WISHA will take the following actions:
The complaint is within WISHA jurisdiction and an inspection does not appear to be needed at this time
•
•
Call the employer to discuss the complaint
Set a deadline for the employer to respond in writing
 
•
Fax or mail a complaint notification letter to the employer. Before the complaint is faxed or mailed, the following names will be removed unless specific permission is given to include them:
 
–
The name of the person submitting the complaint
 
–
The names of any employees identified in the complaint
 
•
Evaluate the employer's response, and do one of the following:
 
–
Close the complaint because the issues have been addressed, and send a copy of the employer's response to the person filing the complaint
 
–
Inspect the workplace
 
Note:
 
•
If the complaint is closed and additional information is received from the person filing the complaint disputing the employer's written response, WISHA may schedule an inspection
 
•
If the person who filed the original complaint requests in writing that WISHA review a decision not to conduct an inspection, WISHA will review the decision and notify the person in writing of the results
 
•
If the person requesting the review is not satisfied with the results of the review, they may request a second review by the assistant director or designee
The complaint is within WISHA jurisdiction and an inspection needs to be conducted
•
•
Conduct an inspection
Issue a citation and notice that shows one of the following:
 
–
Violations found
 
–
No violations were found
 
•
Send a letter to the person filing the complaint with inspection results
 
Reference: For citation and notice information, turn to citation and notice, WAC 296-900-130
The complaint is not within WISHA jurisdiction
•
Send a written response to the person filing the complaint explaining the matter is not within WISHA jurisdiction
 
Note: WISHA may make a referral to the proper authority
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 17-18-075, § 296-900-12015, filed 9/5/17, effective 10/6/17; WSR 06-06-020, § 296-900-12015, filed 2/21/06, effective 6/1/06.]