Washington Industrial Safety and Health Act (WISHA) appeal
(Effective for appeals filed with the BIIA on or after January 2, 2015)
A WISHA case starts when the Department of Labor and Industries issues a Citation and Notice. (WISHA- Department of Labor & Industries.)
An appeal must be filed with the Department within 15 working days of receipt of the Citation and Notice.
The Department will either take further action, or send the appeal to the BIIA. If the Department takes further action, it will issue a Corrective Notice of Redetermination (CNR).
An appeal from a CNR must be filed with the BIIA, with a copy to the Department, within 15 working days of receipt of the CNR.
Employers who file an appeal from a Safety Citation or a Corrective Notice of Redetermination issued by the Department of Labor and Industries should carefully read the filing requirements of WAC 263-12-059
Your appeal should include:
- The name and address of the appealing party (and representative).
- The Inspection Number and date of the Corrective Notice of Redetermination being appealed.
- The reasons why you believe the Department's action is incorrect.
- The name and address of any union representing affected employees. Learn More
Requesting Stay of Abatement
You can request a stay of abatement for any alleged serious, willful, repeated serious violation, or alleged failure to abate a serious violation. There are strict requirements to make this request:
- The request must be included in the Notice of Appeal.
- The request must include names and addresses of any unions. Learn More
- The request must include a Certification of Posting Notice to Employees. Learn More
- Additionally, there are strict deadlines for filing evidence supporting your request.
File in person, by mail, or by fax
- WISHA Notice of Appeal form (in Adobe Acrobat/PDF format)
- WISHA Certification of Posting Notice to Employees (pdf)
Please send your appeal to:
Board of Industrial Insurance Appeals
2430 Chandler Court SW
PO Box 42401
Olympia WA 98504-2401
FAX: 360-586-5611, outside Olympia: 855-586-5611
File a copy of the appeal with L&I
Please send a copy of your appeal to:
Safety and Health Division/DOSH
Department of Labor and Industries
PO Box 44600
Olympia, WA 98504