FILING A WISHA APPEAL AND
REQUESTING STAY OF ABATEMENT
Introduction
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.
Appeals
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
Requests for Stay of Abatement
You can request that the Board stay 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.
- The request must include a Certification of Posting Notice to Employees.
- Additionally, there are strict deadlines for filing evidence supporting your request.
- Refer to RCW 49.17.140(4)(a), WAC 263-12-059, and WAC 263-12-050(7).
You can file the appeal by mail:
Board of Industrial Insurance Appeals
PO Box 42401
Olympia WA 98504-2401
Or file in person:
Board of Industrial Insurance Appeals
2430 Chandler Court SW
Olympia WA 98504-2401
A copy of the appeal should also be filed with:
Safety and Health Division
Department of Labor and Industries
PO Box 44600
Olympia WA 98504
For further information you may request the booklet Your Right to Be Heard – WISHA.
For more information about the appeal process, click here.
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