Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-155 - Safety standards for construction work › Part L - CRANES, RIGGING, AND PERSONNEL LIFTING › Section 296-155-53110 - Revocation or suspension of an accreditation

Current through Register Vol. 24-14, July 15, 2024
(1) The department may suspend or revoke a
				certificate issued under the provisions of these rules upon the following
				grounds:
(a) Permitting the duplication or
				use of one's own accreditation certificate by another;
(b) Performing work for which accreditation
				has not been received;
(c) Any
				person who obtains accreditation through fraudulent representation of
				accreditation requirements such as education, training, professional
				registration, or experience;
(d)
				Any person who falsifies training documentation;
(e) The holder of the certificate is found to
				be incompetent to carry out the work for which the certificate was
				issued;
(f) Gross negligence, gross
				incompetence, a pattern of incompetence, or fraud in the certification of a
				crane;
(g) Willful or deliberate
				disregard of any occupational safety standard while certifying a
				crane;
(h) Misrepresentation of a
				material fact in applying for, or obtaining, a license to certify under this
				chapter;
(i) Failure by an
				accredited crane certifier to maintain records;
(j) Failure by an accredited crane certifier
				to report crane safety deficiencies affecting the safe operation of a crane
				while in the process of conducting an annual certification
				inspection;
(k) Failure to meet or
				comply with the requirements of this rule or the limitations imposed on the
				accreditation; or
(1) Performance of work not
				in compliance with applicable laws and regulations.
(2) Before any certificate may be suspended
				or revoked, the certificate holder must be given written notice of the
				department's intention, mailed by certified mail, return receipt requested to
				the address as shown on the application form. The notice must specify the
				reasons for the department action. The department must also include within the
				notice of revocation or suspension specific conditions which must be met before
				the applicant will be entitled to apply for a new certification.
(3) A suspension or revocation order may be
				appealed to the division of occupational safety and health (DOSH) or the board
				of industrial insurance appeals within 15 working days after the suspension or
				revocation order is entered. The notice of appeal may be filed with the
				department or the board of industrial insurance appeals and must include the
				accredited certifier's name, address, certifier number, telephone number,
				reason for appeal, their signature and date. DOSH may reassume jurisdiction
				over the matter following the timelines set out for appeal in WAC
				296-900-17005. Should DOSH
				reassume jurisdiction over the matter, the process for reassumption outlined in
				WAC 296-900-17005 must be followed.
				If the accredited certifier does not agree with the department's
				redetermination, the matter will be forwarded to the board of industrial
				insurance appeals upon receiving further appeal from the accredited certifier.
				The board of industrial insurance appeals must hold the hearing in accordance
				with procedures established in
				RCW
				49.17.140. Any party aggrieved by an order of
				the board of industrial insurance appeals may obtain superior court review in
				the manner provided in
				RCW
				49.17.150.
(4) The filing of an appeal must not stay the
				suspension or revocation, and such action must remain in effect until such time
				as the applicant presents proof that the specified written conditions required
				by the department are met or until otherwise ordered after resolution of the
				appeal.