Note: | A form, Variance Application (F414-021-000), is available for requesting variances: |
1. From any L&I office. | |
2. On our website under Safety Forms, Variance Application http://www.lni.wa.gov/FormPublications/TablesForms/Safety/SafetyHealth.asp. |
Reference: | For a list of the local L&I offices, see the resources section of the Safety and health core rules, chapter 296-800 WAC. |
Step 3: | Notify employees before submitting any type of variance request by doing all of the following: |
• Posting a copy of the request on your safety bulletin board. | |
• Using other appropriate means for notifying employees who may not be expected to receive notices posted on the safety bulletin board. For example, provide a copy to a designated representative or the safety committee. | |
Step 4: | Submit the written request, using one of the following means: |
• Mail to: | |
Assistant Director | |
WISHA Services | |
P.O. Box 44650 | |
Olympia, WA 98504-4650 | |
• Fax to: 360-902-5438 | |
• Take to any L&I office. | |
Step 5: | After receiving a written decision from WISHA about your request, immediately notify affected employees of the decision by using the methods in Step 3. |
Note: | 1. If employers fail to follow Steps 1-5 above, the variance cannot be granted. |
2. Citations may be issued for failing to follow a variance. | |
3. Employers can always follow the original WISHA requirements instead of the variance requirements. | |
4. If your variance is no longer necessary and you decide to follow the WISHA requirements instead, please advise WISHA in writing. |
For this type of variance: | Include the following on your written application: | ||
Permanent variance | |||
– | Request a permanent variance if you can show that you will be providing alternate methods of protecting employees from hazards that are as effective as those provided by the requirements from which you are requesting relief. | • | Employer name and address |
• | Employer or employer representative signature | ||
• | Work locations and situations that apply to the variance | ||
• | Which specific requirements you want to vary from, with WAC numbers | ||
• | Description of proposed alternative methods of protection, and how they will protect employees. | ||
Note: | • | How employees will be notified: | |
• | A permanent variance remains in effect unless WISHA modifies or revokes it. Examples of reasons a variance might be revoked include: | – | About the variance request, as required in Step 2 |
– | That they may request a hearing | ||
– | An employer requests the variance be revoked | • | The following notice on the first page of your posted application, written in large and clear enough print to be easily read: |
– | Requirements that existed when the variance was approved are modified | "Attention Employees: Your employer is applying to WISHA for a variance from safety and health requirements. You have a right to ask WISHA for a hearing on the variance request, but you must ask for the hearing in writing by (date*). If no hearing is requested, WISHA will act on the variance request without a hearing." | |
– | The work location is changed | *This date must be 21 calendar days after the variance request is mailed or delivered. | |
Temporary variance | |||
Request a temporary variance if both of the following apply: | • | Provide all the information required above for permanent variances | |
• | New WISHA requirements cannot be met for any of the following reasons: | • | Also provide all of the following: |
– | Professional or technical people are not available | – | An explanation of why WISHA requirements cannot be met, including documentation that supports this belief |
– | Materials or equipment are not available | – | Steps that will be taken to protect employees until WISHA requirements can be met |
– | Construction or alteration of facilities cannot be completed by the effective date of the requirements | – | When WISHA requirements will be met |
• | You have an effective plan for meeting WISHA requirements as soon as possible. | – | A statement that this request is from a qualified person who has first hand knowledge of the facts represented |
Note: | |||
• | Temporary variances remain in effect: | ||
– | Until current WISHA requirements are met | ||
– | No longer than one year, unless extended |
Note: | If there is an appealed WISHA citation and notice that relates to the variance request, the decision on the variance may be delayed until the appeal is resolved. |