(1) Employers who do not have hazardous chemicals at their workplace may submit a written request for exemption to the department. Submission of an exemption request does not relieve an employer of his/her obligation to pay the fee assessment until such time as the request is approved. Employers granted exemptions will be removed from the listing of employers to be assessed a fee beginning with the current billing period.
(2) Exemptions shall only be considered for an employer's entire workplace consisting of all activities reported to the department under the same employer identification number.
(3) Each request for exemption must contain the following information:
(a) Firm name and employer identification number;
(b) Complete mailing address;
(c) Complete location (such as street) address;
(d) A certified statement in the form required by RCW
9A.72.085 that a hazardous chemical survey of the employer's premises has been completed by a qualified person, the identity and qualifications of the person completing the survey, and that no hazardous chemicals as defined by WAC
296-901-140 are present at the workplace.
(4) The department may schedule an on-site inspection to determine the validity of the exemption request.
(5) The employer shall provide to the department within five working days of receiving a request from the department, any additional information identified by the department as necessary for evaluating the exemption request.
(6) Exemption requests shall be mailed to:
Right to Know Program
Department of Labor and Industries
P.O. Box 44620
Olympia, Washington 98504-4620
[Statutory Authority: RCW
49.17.010,
49.17.040,
49.17.050,
49.17.060 and 29 C.F.R. 1910 Subpart Z. WSR 14-07-086, § 296-63-009, filed 3/18/14, effective 5/1/14. Statutory Authority: RCW
49.17.010, [49.17].040, and [49.17].050. WSR 01-11-038, § 296-63-009, filed 5/9/01, effective 9/1/01. Statutory Authority: RCW
49.70.170 and
49.17.040. WSR 98-02-029, § 296-63-009, filed 12/31/97, effective 1/31/98. Statutory Authority: RCW
49.17.040 and
49.17.050. WSR 86-23-003 (Order 86-38), § 296-63-009, filed 11/6/86.]