Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-099 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Affected employees.
Employees who could
				be one of the following:
(a) Exposed to unsafe conditions or practices.
(b) Affected by a request for, or change in, a
				variance from WISHA requirements.
Applicant.
The entity submitting an
				application and formal proposal for a safety and health investment
				projects award.
Assistant director.
The assistant
				director for the 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:
(a) Citation and notice (C&N); or
(b) 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.
Department.
The department of labor and
				industries.
Designated representative.
Any of the
				following:
(a) Any individual or organization to which an
				employee gives written authorization.
(b) A recognized or certified collective bargaining
				agent without regard to written employee authorization.
(c) 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):
(a) Citation and notice.
(b) Corrective notice of redetermination.
(c) Decision and order from the board of industrial
				insurance appeals.
(d) Denial of petition for review from the board of
				industrial insurance appeals.
(e) 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.
Funding cycle.
How frequently safety and
				health investment project awards are given.
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.
Medical aid fund.
Industrial insurance
				funds established in chapter 51.44 RCW.
Milestones.
Critical points of
				achievement for the safety and health investment projects, showing
				progress toward project completion. Milestones are interim
				accomplishments that define project progress.
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:
(a) Is powered or nonpowered.
(b) 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.
A number that describes the
				likelihood of an injury, illness, or disease occurring, ranging from
				1 (lowest) to 3 (highest).
Product.
Any of the following that are
				developed as the result of a safety and health investment project:
				Written materials; manufactured materials; designs; equipment;
				programs; services; workplace changes; or other results of any kind,
				tangible or intangible.
Reassume jurisdiction.
WISHA has decided
				to provide the employer with an informal conference to discuss their
				appeal.
Recipient.
An agency, firm,
				organization, individual or other legal entity receiving project
				award funds from the safety and health investment projects.
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) A condition that exists.
(b) 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
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