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Employer Notice Requirements in Appeals under the Washington Industrial Safety and Health Act (WISHA)

(Effective for appeals filed with the BIIA on or after January 2, 2015)

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.

Notice to employees - WAC 263-12-059

Every employer who files a WISHA appeal with the Board of Industrial Insurance Appeals (BIIA) must notify its employees in one of two ways:

  • Provide copies of the appeal to each employee member of the employer's safety committee; or
  • Post a copy of the appeal in a conspicuous place at the worksite at which the alleged violation occurred. Any posting shall remain during the pendency of the appeal.

Certification of unions and notice to employees - WAC 263-12-059

Within 14 days of receipt of the BIIA's notice acknowledging a WISHA appeal, every employer must:

  1. Certify to the BIIA that employees have been notified.
  2. Certify to the BIIA whether affected employees are represented by unions, and if so, provide the names and addresses of unions.

Requests for stay of abatement-Employer has additional duties

Appeal filed with the BIIA from a corrective notice of redetermination

To request a stay of abatement for any violations alleged by the Department, the employer must include in its Notice of Appeal the following information:

  1. The request for stay of abatement. Read RCW 49.17.140(4)(a); WAC 263-12-059
  2. Certification that employees have been notified of the appeal.
  3. Certification of whether affected employees are represented by unions, and if so, the names and addresses of unions.

If the employer fails to provide this information in its Notice of Appeal, the Board will deny the request for stay of abatement. WAC 263-12-059

Appeal forwarded from the Department

If the Department has forwarded an appeal and request for stay of abatement to the BIIA, within 7 working days of receipt of the BIIA's notice acknowledging the appeal the employer must:

  1. Certify to the BIIA that employees have been notified.
  2. Certify to the BIIA whether affected employees are represented by unions, and if so, provide the names and addresses of unions.

If the employer fails to provide this information, the Board will deny the request for stay of abatement.

Employer's Duty to File Supporting Documents

In appeals where the employer has requested a stay of abatement, the employer must, within 14 calendar days of the date of the BIIA's Notice of Filing of Appeal, file with the BIIA supporting declarations, affidavits, and documents it wishes the BIIA to consider in deciding the request. The employer must also simultaneously provide supporting documents to the Department and any affected employees' safety committee or union representative.  For detailed requirements, read WAC 263-12-059.

Employee and Department's Opposing documents

Within 28calendar days of the date of the BIIA's Notice of Filing of Appeal, the Department  and any affected employees shall file with the BIIA any declarations, affidavits, and documents they wish the BIIA to consider in deciding the request. The Department must also simultaneously serve these opposing documents on the employer and any affected employees' safety committee or representative. The employees must also simultaneously serve the opposing documents on the employer and the Department. For detailed requirements, read WAC 263-12-059.