reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-140 - Monetary penalties

Current through Register Vol. 24-14, July 15, 2024
Summary:
Employer responsibility:
To pay monetary penalties if assessed.
Contents:
Reasons for monetary penalties WAC
				296-900-14005.
Base penalties
WAC
				296-900-14010.
Base penalty adjustments
WAC
				296-900-14015.
Increases to adjusted base penalties
WAC
				296-900-14020.
Definitions:
* "Base penalty" means that penalty amount calculated
				for a violation by considering either specific statutory penalty
				amounts or the gravity of the violation.
* "Division" or "DOSH" means the division of
				occupational safety and health, Washington state department of labor
				and industries.
* "Gravity" for purposes of calculating a penalty,
				means the amount calculated by multiplying a violation's severity
				rate by its probability rate.
* "Inpatient hospitalization" means 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.
* "Monetary penalties" are fines assessed against an
				employer for violations of safety and health requirements.
* "Probability" means a number that describes the
				likelihood that an injury, illness, or disease will occur ranging
				from 1 (lowest) to 3 (highest).
* "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.
* "Standard penalty" means any penalty that does not
				have an otherwise designated minimum amount.
* "WISHA" means the Washington Industrial Safety and
				Health Act.
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-140, filed 2/21/06, effective
				  6/1/06.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-14005 - Reasons for monetary penalties

Current through Register Vol. 24-14, July 15, 2024
* DOSH
may
assess monetary penalties
				when a citation and notice is issued for any violation of safety and
				health rules or statutes.
* DOSH
will
assess monetary penalties
				under the following conditions:
-When a citation and notice is issued for a serious,
				willful, or egregious violation.
- When civil penalties are specified by statute as
				described in
				RCW
				 49.17.180.
Note:
In addition to penalties specified by WISHA,
						there are penalties specified by other statutes, such as: .Asbestos
						construction projects,
						RCW
						 49.26.016. .Right to know (RTK)-
						SDS,
						RCW
						 49.70.190. .Right to know-Penalty
						for late payment,
						RCW
						 49.70.177.
* The minimum civil penalties assessed by DOSH
				are:
-One hundred dollars for any standard penalty.
- Two thousand five hundred dollars per violation for
				serious violations contributing to a fatality.
-Five thousand dollars per violation for all willful
				violations unless set to a specific higher amount by the federal
				Occupational Safety and Health Administration under
				29 C.F.R.
				1903.15 and this state is required
				to equal the higher penalty amount to qualify as a state plan
				state.
- Two hundred fifty dollars per day for asbestos good
				faith inspection (RCW
				 49.26.016 and
				49.26.013).
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-14005, filed 2/21/06, effective
				  6/1/06.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-150 - Certifying violation corrections

Current through Register Vol. 24-14, July 15, 2024
Summary:
Employer responsibility:
(1) To certify that violations to
			 safety and health requirements have been corrected.
(2) To submit, if required:
(a) Additional
			 information.
(b)
			 Correction action plans.
(c) Progress
			 reports.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-15005 - Certifying violation correction

Current through Register Vol. 24-14, July 15, 2024
Definition:
A correction date is the date by which you must meet
				the WISHA requirements listed on either a: Citation and notice
				(C&N) or a corrective notice of redetermination (CNR).
(1) You must certify in writing
			 within ten calendar days following the correction date shown on the
			 C&N that each violation has been corrected. Include the
			 following:
(a) Employer name and
			 address.
(b) The
			 inspection number involved.
(c) The citation and item numbers
			 which have been corrected.
(d) The date each violation was
			 corrected and the method used to correct them.
(e) A statement that both:
(i) Affected employees and their
			 representatives were informed that each violation was corrected;
			 and
(ii) The information
			 submitted is accurate.
(f) Employer's signature or the
			 signature of employer's designated representative.
Note:
Certification is not required if the WISHA
						  compliance officer indicates in the C&N, or a reassumption
						  hearings officer indicates in a CNR, that they have already been
						  corrected.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-15010 - Violation correction action plans

Current through Register Vol. 24-14, July 15, 2024
(1) You must submit a written
			 violation correction action plan within twenty-five calendar days
			 from the final order date when the citation and notice or corrective
			 notice of redetermination requires it. Include all of the following
			 in the violation correction action plan:
(a) Identification of the
			 violation.
(b) The steps
			 that will be taken to correct the violation.
(c) A schedule to complete the
			 steps.
(d) A description
			 of how employees will be protected until the corrections are
			 completed.
What to expect from
				WISHA:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-15015 - Progress reports

Current through Register Vol. 24-14, July 15, 2024
(1) You must submit written
			 progress reports on corrections when required in the citation and
			 notice (C&N) or corrective notice of redetermination (CNR), and
			 briefly explain the:
(a) Status of
			 each violation.
(b)
			 Action taken to correct each violation.
(c) Date each action has or will be
			 taken.
What to expect from
				WISHA:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-15020 - Timeliness of violation correction documents

Current through Register Vol. 24-14, July 15, 2024
What to expect from WISHA:
WISHA will determine the timeliness of violation
				correction documents by reviewing the following:
(1) The postmark date for documents
			 sent by mail.
(2) The
			 date received by other means, such as personal delivery or
			 fax.
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-15020, filed 2/21/06, effective
				  6/1/06.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-15025 - Inform employees about violation correction

Current through Register Vol. 24-14, July 15, 2024
(1) You must inform employees about
			 violation corrections by doing the following:
(a) Post a copy of each violation
			 correction document submitted to WISHA, or a summary, near the place
			 where the violations occurred, if practical.
If posting near the place where the violation
				occurred is not practical, such as with a mobile work operation, post
				in a place readily accessible to affected employees or take other
				steps to fully communicate actions taken to affected employees or
				their representatives.
(b) Keep violation correction
			 information posted for at least three working days after submitting
			 the correction documents to WISHA.
(c) Give notice to employees and
			 their representatives on or before the date you submit correction
			 information to WISHA.
(d)
			 Make sure that all posted correction documents are not altered,
			 defaced, or covered by other materials.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-15030 - Tag moveable equipment

Current through Register Vol. 24-14, July 15, 2024
(1) You must tag moveable equipment
			 that has been cited to warn employees if a hazard has not been
			 corrected, as follows:
(a) Attach a
			 warning tag or a copy of the citation to the equipment's operating
			 controls or to the cited component.
(b) For hand-held equipment, tag it
			 immediately after you receive a citation.
(c) For other equipment, tag it
			 before moving it within the worksite or between worksites.
Note:
The tag should warn employees about the
						  nature of the violation and tell them where the citation is
						  posted.
Reference:
For a sample tag that meets
				this requirement, go to helpful tools, sample tag for cited moveable
				equipment, in the resources section of this
				chapter.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-160 - More time to comply

Current through Register Vol. 24-14, July 15, 2024
Summary:
Your responsibility:
To submit timely
				requests when more time is needed to correct violations. To post
				requests for more time for employees.
You must meet the
						  requirements...
in this section:
Requesting more time to comply
WAC
						  296-900-16005
Post WISHA's response to requests for more
						  time
WAC
						  296-900-16010
Correction date hearing requests
WAC
						  296-900-16015
Post WISHA's violation correction hearing
						  notice
WAC
						  296-900-16020
Violation correction hearing
						  procedures
WAC
						  296-900-16025
Post the violation correction hearing
						  decision
WAC
						  296-900-16030
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-160, filed 2/21/06, effective
				  6/1/06.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-16005 - Requesting more time to comply

Current through Register Vol. 24-14, July 15, 2024
IMPORTANT:
You can request more time to
				correct violations if they:
1. Have made a good faith effort to
			 correct the violation.
2.
			 Have not corrected the violation because of factors beyond their
			 control.
(1) You must submit any
			 requests for more time to correct violations in writing. Requests
			 must be received or postmarked before midnight of the correction date
			 shown on the citation and notice (C&N) or corrective notice of
			 redetermination (CNR), and include:
(a) The business name.
(b) The address of the
			 workplaces.
(c) The
			 citation and the correction dates to be extended.
(d) The new correction date and
			 length of correction period being requested.
(e) A description of the actions
			 that have been, and are being, taken to meet the correction dates in
			 the C&N or CNR.
(f)
			 Factors preventing correction of violations by the date
			 required.
(g) The means
			 that will be used to protect employees while the violation is being
			 corrected.
(h)
			 Certification that the request for correction date extension has been
			 posted, and if appropriate, certification that a copy was delivered
			 to affected employees or their representatives.
(i) Employer's signature or the
			 signature of the employer's representative.
(j) Date.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-16010 - Post WISHA's response to requests for more time

Current through Register Vol. 24-14, July 15, 2024
(1) You must post notices from
			 WISHA approving additional time to correct citations, with the
			 related citation, immediately upon receipt.
(2) You must keep the notices
			 posted until one of the following occur:
(a) The correction date has
			 passed.
(b) A hearing
			 notice is requested and posted.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-16015 - Correction date hearing requests

Current through Register Vol. 24-14, July 15, 2024
IMPORTANT:
1. Affected employees or their
			 designated representatives may request a hearing if they disagree
			 with WISHA's decision to grant an employer more time to correct a
			 violation.
2. Employers
			 may request a hearing if WISHA denies their request for more time to
			 correct a violation. You, your employees, or their representatives
			 must send requests for hearings, if desired, in writing no later than
			 ten calendar days after the issue date of the notice granting more
			 time to correct a violation to:
Mail to:
Assistant Director for WISHA Services
Attn: WISHA Appeals
P.O. Box 44604 Olympia,
WA 98504-4604
Fax to: 360-902-5581
Take to any department service location.
Reference:
For a list of the local
				offices, see the resources section of the Safety and health core
				rules, chapter 296-800 WAC.
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-16015, filed 2/21/06, effective
				  6/1/06.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-16020 - Post WISHA's violation correction hearing notice

Current through Register Vol. 24-14, July 15, 2024
You must post WISHA's hearing notice or a complete
				copy until the hearing is held, along with the:
(1) Citation containing the
			 correction date for which more time was requested.
(2) Department notices issued in
			 response to the employer's request for more time.
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-16020, filed 2/21/06, effective
				  6/1/06.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-16025 - Violation correction hearing procedures

Current through Register Vol. 24-14, July 15, 2024
What to expect from WISHA:
(1) After receiving a hearing
			 request, the assistant director for WISHA services will appoint
			 someone from WISHA to act as a hearings officer.
(2) The hearings officer:
(a) Will send a hearing notice to
			 the employer and employee at least twenty days before the hearing
			 date that includes all of the following:
(i) A statement that all interested
			 parties can participate in the hearing.
(ii) The time, date, and place of
			 the hearing.
(iii) A
			 short and clear explanation why a hearing was requested.
(iv) The nature of the proceeding,
			 including the specific sections of the statute or rule
			 involved.
(v) The legal
			 authority and jurisdiction under which the hearing will be
			 held.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-16030 - Post the violation correction hearing decision

Current through Register Vol. 24-14, July 15, 2024
You must post a complete, unedited copy of the order
				affirming or modifying the correction date as soon as it is received,
				along with the applicable citation.
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-16030, filed 2/21/06, effective
				  6/1/06.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-170 - Appeals

Current through Register Vol. 24-14, July 15, 2024
Summary:
Employer responsibility:
To post information regarding appeals in a
				conspicuous area where notices to employees are normally
				posted
You must meet the
						  requirements...
in this section:
Appealing a citation and notice
						  (C&N)
WAC
						  296-900-17005
Stay of abatement date request
WAC
						  296-900-17006
Appealing a corrective notice of
						  redetermination (CNR)
WAC
						  296-900-17010
Posting appeals
WAC
						  296-900-17015
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060 and
				  2011 c
				  91. 12-02-055, § 296-900-170,
				  filed 1/3/12, effective 7/1/12. Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-170, filed 2/21/06, effective
				  6/1/06.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17005 - Appealing a citation and notice (C&N)

Current through Register Vol. 24-14, July 15, 2024
IMPORTANT:
1. Employers may appeal
			 C&Ns.
2. Employees of
			 the cited employer, or their designated representatives, may only
			 appeal abatement dates.
3. The filing of an appeal does not
			 stay the abatement date for violations classified as serious,
			 willful, repeat serious, or failure to abate serious. Employers may
			 request a stay of abatement date for these classifications of
			 violations when they appeal a C&N.
(1) You must, when appealing,
			 submit a written appeal to DOSH within fifteen working days after
			 receiving the C&N. Include the following information:
(a) Business name, address, and
			 telephone number.
(b)
			 Name, address, and telephone number of any employer
			 representative.
(c)
			 C&N number.
(d) What
			 you believe is wrong with the C&N and any related
			 facts.
(e) What you
			 believe should be changed, and why.
(f) Requests for stay of abatement
			 date according to WAC
			 296-900-17006.
(g) A signature and date.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17006 - Stay of abatement date request

Current through Register Vol. 24-14, July 15, 2024
(1) Employers may request stay of
			 abatement dates for any violation classified as serious, willful,
			 repeat serious, or failure to abate serious. Stay requests must be
			 made in the notice of appeal under WAC
			 296-900-17005.
(2) Stay requests must include:
(a) Each violation and item number
			 for which a stay is requested.
(b) The reason for the stay
			 request.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17010 - Appealing a corrective notice of redetermination (CNR)

Current through Register Vol. 24-14, July 15, 2024
1. Employers may appeal
			 CNRs.
2. Employees who
			 could be affected by a CNR, or their designated representatives, may
			 appeal abatement dates.
3. Employers must renew requests to
			 stay abatement dates if a stay request is denied when they appeal
			 CNRs.
(1) You must appeal a CNR, if
			 desired, in writing within fifteen working days after it was received
			 to the:
Board of Industrial Insurance Appeals
2430 Chandler Court S.W.
P.O. Box 42401
Olympia, WA 98504-2401
(2) You must send a copy of the
			 appeal to the CNR to the:
Assistant Director for DOSH Services
Attn: DOSH Appeals
P.O. Box 44604
Olympia, WA 98504-4604
Fax to: 360-902-5581
Take to any department service
				location.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17015 - Posting appeals

Current through Register Vol. 24-14, July 15, 2024
You must immediately post notices and information
				related to any appeal or stay of abatement date request in the same
				place where DOSH citation and notices (C&Ns) are posted. These
				notices and information include:
(1) The notice of appeal, until the
			 appeal is resolved.
(2)
			 Notices about DOSH reassuming jurisdiction, and any extension of the
			 review period until the end of review period.
(3) A notice of an informal
			 conference until after the conference is held.
(4) A corrective notice of
			 redetermination for as long as C&Ns are to be posted.
Reference:
For C&N posting
				requirements, see Posting citation and notices, WAC
				296-900-13015.
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060 and
				  2011 c
				  91. 12-02-055, § 296-900-17015,
				  filed 1/3/12, effective 7/1/12. Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-17015, filed 2/21/06, effective
				  6/1/06.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-175 - Safety and health investment projects

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW 49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060,
				  49.17.210, and 2007 c
				  522. 08-03-025, § 296-900-175, filed 1/8/08, effective
				  2/8/08.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17505 - Scope and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The program for safety and
			 health investment projects (SHIP) was established during the 2011
			 legislative session to provide funding for safety and health projects
			 for workplaces insured for workers' compensation through the
			 department's state fund. The purpose of these projects shall be to:
			 Prevent workplace injuries, illnesses, and fatalities; create early
			 return to work programs; and reduce long-term disability through the
			 cooperation of employers and employees or their
			 representatives.
(2)
			 Funds for awards shall be distributed as follows:
(a) At least twenty-five percent
			 for projects designed to develop and implement innovative and
			 effective return-to-work programs for injured workers;
(b) At least twenty-five percent
			 for projects that specifically address the needs of small businesses;
			 and
(c) At least fifty
			 percent for projects that foster workplace injury and illness
			 prevention by addressing priorities identified by the department in
			 cooperation with the Washington Industrial Safety and Health Act
			 advisory committee and the workers' compensation advisory
			 committee.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17510 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060, and   2011 c
				   37. 12-03-090, § 296-900-17510, filed 1/17/12, effective 3/1/12.
				  Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060,
				  49.17.210, and 2007 c
				  522. 08-03-025, § 296-900-17510, filed 1/8/08, effective
				  2/8/08.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17515 - Eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) All
			 projects must address the needs of employers and employees covered by
			 the department's state fund.
(2) Projects must have clearly
			 identified:
(a) Objectives and work
			 plan;
(b) Products;
			 and
(c) Criteria for
			 evaluating the success of the project.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17520 - Advisory committee

Current through Register Vol. 24-14, July 15, 2024
(1) The department will create a
			 SHIP advisory committee (SAC) that will be a subcommittee of the
			 WISHA advisory committee and will advise the department on program
			 policy issues and participate in the grant application review
			 process. The SAC will have eight to ten members, including equal
			 numbers of employer and employee representatives, and others with
			 relevant experience and expertise. Members will be appointed to serve
			 three-year renewable terms by the assistant director of the division
			 of occupational safety and health (DOSH). The initial term for half
			 of the first group of appointees will be eighteen months. SAC
			 membership will include:
(a) At
			 least one employer representative from the WISHA advisory committee
			 or an employer representative recommended by the WISHA advisory
			 committee employer representatives; and
(b) At least one employee
			 representative from the WISHA advisory committee or an employee
			 representative recommended by the WISHA advisory committee employee
			 representatives.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17525 - Application

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department will periodically prepare grant application packets that
			 will be available on the department's web site.
(2) Applicants must complete the
			 entire application to be considered for project funding. Incomplete
			 applications or those submitted after a posted deadline will not be
			 considered for funding.
(3) Some funding cycles may include
			 limitations on the maximum amount that will be awarded for any
			 proposal. Limitations, if any, will be posted on the department's web
			 site or in current application packets.
(4) All products developed as a
			 result of an approved SHIP project belong in the public domain and
			 their dissemination and use shall not be restricted in any way. Such
			 products may not be copyrighted, patented, claimed as trade secrets,
			 or otherwise restricted in any other way. The department retains the
			 right to publish or otherwise disseminate these products as the
			 department in its sole discretion deems appropriate.
(5) The department will not use
			 information contained in submitted application packets as the basis
			 for the initiation of compliance inspections or the issuance of
			 citations and/or penalties to applicants, under WISHA, chapter 49.17
			 RCW. However, employers are not exempt from compliance inspections
			 initiated for other reasons because they submitted an application
			 packet.
(6) Projects may
			 include, but are not limited to:
(a) The development and
			 implementation of innovative and effective return-to-work programs
			 for injured workers;
(b)
			 The development of technical innovation and engineering controls for
			 the recognition and control of workplace hazards;
(c) Best practices for workplace
			 safety and health programs;
(d) Education and
			 training;
(e) Efforts
			 that address the needs of small businesses;
(f) Priorities identified by DOSH
			 in cooperation with the WISHA advisory committee and the workers'
			 compensation advisory committee;
(g) Initiatives intended to build
			 organizational capacity in workplace safety and health; and
(h) Other projects that foster
			 injury and illness prevention through cooperation between employers
			 and employees or their representatives.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17530 - Review and approval of proposals

Current through Register Vol. 24-14, July 15, 2024
(1) DOSH staff will:
(a) Review applications to make
			 sure they meet application criteria;
(b) Conduct a substantive
			 evaluation of eligible applications;
(c) Forward applications along with
			 scored evaluations and funding recommendations to the assistant
			 director for DOSH and a designated grant-review committee.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17535 - Monitoring

Current through Register Vol. 24-14, July 15, 2024
DOSH staff will monitor projects for compliance with
				award terms and achievement of approved project milestones and/or
				outcomes.
(1) Milestones are
			 intermediate targets or goals that are defined in the project
			 applications. Ongoing funding will be tied to the achievement of
			 approved milestones (including but not limited to accounting for
			 grant funds).
(2)
			 Outcomes are the final products that will be produced by the
			 project.
Statutory Authority:
				  RCW 49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060, and   2011 c
				   37. 12-03-090, § 296-900-17535, filed 1/17/12, effective 3/1/12.
				  Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060,
				  49.17.210, and 2007 c
				  522. 08-03-025, § 296-900-17535, filed 1/8/08, effective
				  2/8/08.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-17540 - Suspension or revocation of funding

Current through Register Vol. 24-14, July 15, 2024
(1) The assistant director of DOSH
			 may suspend or revoke funding for a project if advised by the SHIP
			 program staff or the SAC that:
(a)
			 The recipient is not in compliance with project award
			 terms;
(b) There are
			 unapproved funding expenditures; or
(c) There are compelling and
			 substantive reasons.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-180 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-180, filed 2/21/06, effective
				  6/1/06.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-901 - Globally harmonized system for hazard communication › Section 296-901-140 - Hazard communication

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW 49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060 and  29 C.F.R.
				  1910  Subpart Z. 13-06-050, § 296-901-140, filed 3/5/13,
				  effective 4/15/13.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-901 - Globally harmonized system for hazard communication › Section 296-901-14002 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this section is to ensure that the
				hazards of all chemicals produced or imported are classified, and
				that information concerning the classified hazards is transmitted to
				employers and employees. The requirements of this section are
				intended to be consistent with the provisions of the United Nations
				Globally Harmonized System of Classification and Labeling of
				Chemicals (GHS), Revision 3. The transmittal of information is to be
				accomplished by means of comprehensive hazard communication programs,
				which are to include container labeling and other forms of warning,
				safety data sheets and employee training.
This occupational safety and health standard is
				intended to address comprehensively the issue of classifying the
				potential hazards of chemicals, and communicating information
				concerning hazards and appropriate protective measures to employees,
				and to preempt any legislative or regulatory enactments of a state,
				or political subdivision of a state, pertaining to this subject.
				Classifying the potential hazards of chemicals and communicating
				information concerning hazards and appropriate protective measures to
				employees may include, for example, but is not limited to, provisions
				for: Developing and maintaining a written hazard communication
				program for the workplace, including lists of hazardous chemicals
				present; labeling of containers of chemicals in the workplace, as
				well as of containers of chemicals being shipped to other workplaces;
				preparation and distribution of safety data sheets to employees and
				downstream employers; and development and implementation of employee
				training programs regarding hazards of chemicals and protective
				measures.
Statutory Authority:
				  RCW 49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060 and  29 C.F.R.
				  1910  Subpart Z. 13-06-050, § 296-901-14002, filed 3/5/13,
				  effective 4/15/13.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-901 - Globally harmonized system for hazard communication › Section 296-901-14004 - Scope and application

Current through Register Vol. 24-14, July 15, 2024
(1) This section requires chemical
			 manufacturers or importers to classify the hazards of chemicals which
			 they produce or import, and all employers to provide information to
			 their employees about the hazardous chemicals to which they are
			 exposed, by means of a hazard communication program, labels and other
			 forms of warning, safety data sheets, and information and training.
			 In addition, this section requires distributors to transmit the
			 required information to employers. (Employers who do not produce or
			 import chemicals need only focus on those parts of this rule that
			 deal with establishing a workplace program and communicating
			 information to their workers.)
(2) This section applies to any
			 chemical which is known to be present in the workplace in such a
			 manner that employees may be exposed under normal conditions of use
			 or in a foreseeable emergency.
(3) This section applies to
			 laboratories only as follows:
(a)
			 Employers must ensure that labels on incoming containers of hazardous
			 chemicals are not removed or defaced;
(b) Employers must maintain any
			 safety data sheets that are received with incoming shipments of
			 hazardous chemicals, and ensure that they are readily accessible
			 during each workshift to laboratory employees when they are in their
			 work areas;
(c) Employers
			 must ensure that laboratory employees are provided information and
			 training in accordance with WAC
			 296-901-14016, except
			 for the location and availability of the written hazard communication
			 program under WAC
			 296-901-14016(2)(c);
			 and
(d) Laboratory
			 employers that ship hazardous chemicals are considered to be either a
			 chemical manufacturer or a distributor under this rule, and thus must
			 ensure that any containers of hazardous chemicals leaving the
			 laboratory are labeled in accordance with WAC
			 296-901-14012, and that
			 a safety data sheet is provided to distributors and other employers
			 in accordance with WAC
			 296-901-14014(5)(a) and
			 (6).
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-901 - Globally harmonized system for hazard communication › Section 296-901-14008 - Hazard classification

Current through Register Vol. 24-14, July 15, 2024
(1) Chemical manufacturers and
			 importers must evaluate chemicals produced in their workplaces or
			 imported by them to classify the chemicals in accordance with this
			 section. For each chemical, the chemical manufacturer or importer
			 must determine the hazard classes, and where appropriate, the
			 category of each class that apply to the chemical being classified.
			 Employers are not required to classify chemicals unless they choose
			 not to rely on the classification performed by the chemical
			 manufacturer or importer for the chemical to satisfy this
			 requirement.
(2) Chemical
			 manufacturers, importers or employers classifying chemicals must
			 identify and consider the full range of available scientific
			 literature and other evidence concerning the potential hazards. There
			 is no requirement to test the chemical to determine how to classify
			 its hazards. WAC
			 296-901-14022, Appendix
			 A-Health hazard criteria must be consulted for classification of
			 health hazards, and WAC
			 296-901-14024, Appendix
			 B-Physical hazard criteria must be consulted for the classification
			 of physical hazards.
(3)
			 Mixtures.
(a) Chemical
			 manufacturers, importers, or employers evaluating chemicals must
			 follow the procedures described in WAC
			 296-901-14022, Appendix
			 A-Health hazard criteria and WAC
			 296-901-14024, Appendix
			 B-Physical hazard criteria to classify the hazards of the chemicals,
			 including determinations regarding when mixtures of the classified
			 chemicals are covered by this section.
(b) When classifying mixtures they
			 produce or import, chemical manufacturers and importers of mixtures
			 may rely on the information provided on the current safety data
			 sheets of the individual ingredients, except where the chemical
			 manufacturer or importer knows, or in the exercise of reasonable
			 diligence should know, that the safety data sheet misstates or omits
			 information required by this section.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-901 - Globally harmonized system for hazard communication › Section 296-901-14010 - Written hazard communication program

Current through Register Vol. 24-14, July 15, 2024
(1) Employers must develop,
			 implement, and maintain at each workplace, a written hazard
			 communication program which at least describes how the criteria
			 specified in WAC
			 296-901-14012,
			 296-901-14014, and
			 296-901-14016 for
			 labels and other forms of warning, safety data sheets, and employee
			 information and training will be met, and which also includes the
			 following:
(a) A list of the
			 hazardous chemicals known to be present using a product identifier
			 that is referenced on the appropriate safety data sheet (the list may
			 be compiled for the workplace as a whole or for individual work
			 areas); and
(b) The
			 methods the employer will use to inform employees of the hazards of
			 nonroutine tasks (for example, the cleaning of reactor vessels), and
			 the hazards associated with chemicals contained in unlabeled pipes in
			 their work areas.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-901 - Globally harmonized system for hazard communication › Section 296-901-14012 - Labels and other forms of warning

Current through Register Vol. 24-14, July 15, 2024
(1)
Labels on shipped
			 containers
. The chemical manufacturer, importer, or
			 distributor must ensure that each container of hazardous chemicals
			 leaving the workplace is labeled, tagged, or marked. Hazards not
			 otherwise classified do not have to be addressed on the container.
			 Where the chemical manufacturer or importer is required to label, tag
			 or mark the following information must be provided:
(a) Product identifier;
(b) Signal word;
(c) Hazard statement(s);
(d) Pictogram(s);
(e) Precautionary statement(s);
			 and
(f) Name, address,
			 and telephone number of the chemical manufacturer, importer, or other
			 responsible party.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-901 - Globally harmonized system for hazard communication › Section 296-901-14014 - Safety data sheets

Current through Register Vol. 24-14, July 15, 2024
(1) Chemical manufacturers and
			 importers must obtain or develop a safety data sheet for each
			 hazardous chemical they produce or import. Employers must have a
			 safety data sheet in the workplace for each hazardous chemical which
			 they use.
(2) The
			 chemical manufacturer or importer preparing the safety data sheet
			 must ensure that it is in English (although the employer may maintain
			 copies in other languages as well), and includes at least the
			 following section numbers and headings, and associated information
			 under each heading, in the order listed (see WAC
			 296-901-14028, Appendix
			 D Safety data sheets, for the specific content of each section of the
			 safety data sheet):
(a) Section 1,
			 Identification;
(b)
			 Section 2, Hazard(s) identification;
(c) Section 3,
			 Composition/information on ingredients;
(d) Section 4, First-aid
			 measures;
(e) Section 5,
			 Firefighting measures;
(f) Section 6, Accidental release
			 measures;
(g) Section 7,
			 Handling and storage;
(h)
			 Section 8, Exposure controls/personal protection;
(i) Section 9, Physical and
			 chemical properties;
(j)
			 Section 10, Stability and reactivity;
(k) Section 11, Toxicological
			 information;
(l) Section
			 12, Ecological information;
(m) Section 13, Disposal
			 considerations;
(n)
			 Section 14, Transport information;
(o) Section 15, Regulatory
			 information; and
(p)
			 Section 16, Other information, including date of preparation or last
			 revision.
Note 1 to WAC
				296-901-14014(2):
				To be consistent with the GHS, an SDS must also include the headings
				in WAC
				296-901-14014(2)(m) through
				(o)  in order.
Note 2 to WAC
				296-901-14014(2):
				The department will not be enforcing information requirements in SDS
				sections 12 through 15 (WAC
				296-901-14014(2)(l) through
				(o), as these areas are not under
				its jurisdiction.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-901 - Globally harmonized system for hazard communication › Section 296-901-14016 - Employee information and training

Current through Register Vol. 24-14, July 15, 2024
(1) Employers must provide
			 employees with effective information and training on hazardous
			 chemicals in their work area at the time of their initial assignment,
			 and whenever a new chemical hazard the employees have not previously
			 been trained about is introduced into their work area. Information
			 and training may be designed to cover categories of hazards (e.g.,
			 flammability, carcinogenicity) or specific chemicals.
			 Chemical-specific information must always be available through labels
			 and safety data sheets.
(2)
Information.
Employees must be informed of:
(a)
			 The requirements of this section;
(b) Any operations in their work
			 area where hazardous chemicals are present; and
(c) The location and availability
			 of the written hazard communication program, including the required
			 list(s) of hazardous chemicals, and safety data sheets required by
			 this section.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-901 - Globally harmonized system for hazard communication › Section 296-901-14018 - Trade secrets

Current through Register Vol. 24-14, July 15, 2024
(1) The chemical manufacturer,
			 importer, or employer may withhold the specific chemical identity,
			 including the chemical name, other specific identification of a
			 hazardous chemical, or the exact percentage (concentration) of the
			 substance in a mixture, from the safety data sheet, provided that:
(a) The claim that the information
			 withheld is a trade secret can be supported;
(b) Information contained in the
			 safety data sheet concerning the properties and effects of the
			 hazardous chemical is disclosed;
(c) The safety data sheet indicates
			 that the specific chemical identity and/or percentage of composition
			 is being withheld as a trade secret; and
(d) The specific chemical identity
			 and percentage is made available to health professionals, employees,
			 and designated representatives in accordance with the applicable
			 provisions of this section.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-901 - Globally harmonized system for hazard communication › Section 296-901-14020 - Effective dates

Current through Register Vol. 24-14, July 15, 2024
(1) During the transition period
			 between the adoption date of this rule and the effective dates listed
			 below, employers may comply with the applicable requirements in the
			 employer chemical hazard communication standards under WAC
			 296-800-170 and chapter
			 296-307 WAC, Part Y-1, or the requirements of this section, or
			 both.
(2) During the
			 transition period between the adoption date of this rule and the
			 effective dates listed below, chemical manufacturers, importers, and
			 distributors may comply with the applicable requirements of chapter
			 296-816 WAC, Protecting trade secrets, chapter 296-62 WAC, Part B-1,
			 Trade secrets, chapter 296-839 WAC, Content and distribution of
			 material safety data sheets (MSDSs) and label information, chapter
			 296-307 WAC, Part Y-2, Material safety data sheets and label
			 preparation, or the requirements of this section, or both.
(3) Employers must train employees
			 regarding the new label elements and safety data sheets format by
			 June 1, 2014.
(4)
			 Employers, chemical manufacturers, importers, and distributors must
			 be in compliance with all provisions of this section no later than
			 June 1, 2015, except:
(a) After
			 December 1, 2015, the distributor must not ship containers labeled by
			 the chemical manufacturer or importer unless the label has been
			 modified to comply with WAC
			 296-901-14012(1).
(b) All employers must, as
			 necessary, update any alternative workplace labeling used under WAC
			 296-901-14012(6),
			 update the hazard communication program required by WAC
			 296-901-14016(1),
			 and provide any additional employee training in accordance with WAC
			 296-901-14016(3) for newly identified physical or
			 health hazards no later than June 1, 2016.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-910 - Small employer emergency safety grant program › Section 296-910-001 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this chapter is to set
			 guidance and eligibility requirements for a grant program for small employers
			 in need of assistance during a state of emergency declared under RCW
			   43.06.010.
(2) The grant program
			 provides for one-time grants to small employers for purchases of equipment,
			 gear, or capital costs to meet any new safety and health requirements related
			 to the emergency that are required before the small employer is permitted to
			 continue or resume business operations.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-910 - Small employer emergency safety grant program › Section 296-910-003 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Department" means the department of
			 labor and industries.
(2)
			 "Director" means the director of the department of labor and
			 industries.
(3) "Government" means
			 local, state, or federal government.
(4) "Employee" means a "worker" for workers'
			 compensation coverage purposes, as defined in RCW   51.08.180.
(5) "Employer" has the same meaning as in RCW
			   51.08.070.
(6) "Small employer"
			 means:
(a) A for-profit or nonprofit employer
			 who is not self-insured and pays workers' compensation premiums to the state
			 fund as defined in RCW   51.08.175.
(b) An employer with a total of 25 or fewer
			 full-time equivalent employees in all locations, and including those required
			 to be reported under all department workers' compensation insurance
			 subaccounts. The FTE count is to be calculated by dividing the total employee
			 hours by 2080 hours per year.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-910 - Small employer emergency safety grant program › Section 296-910-005 - Qualifying state of emergency and program authorization

Current through Register Vol. 24-14, July 15, 2024
(1) The small employer emergency safety grant
			 program will only be available when the following are met:
(a) The governor has declared a state of
			 emergency as defined in RCW   43.06.010; and
(b) The director authorizes the use of
			 reserve funds to activate the grant program.