IMPORTANT:

Employers, affected employees, or employee representatives may request a hearing on any of the following:

1. Permanent or temporary variance requests.

2. Changes to existing variances.

1. (1) The employer and affected employees must do all of the following if requesting a variance hearing:

   1. (a) Put the request in writing and sign it.
   2. (b) Make sure the request is posted or delivered to the DOSH within 21 calendar days from the variance application date, or renewal request date.

   3. (c) Send the written request to DOSH, using one of the following means:

      Mail to:

      Department of Labor & Industries

      Division of Occupational Safety and Health

      P.O. Box 44650

      Olympia, WA 98504-4650

      Email to: DOSHVarianceProgram@Lni.wa.gov

      Take to any L&I office.

2. (2) The employer must immediately do all of the following when they receive a notice of the hearing from DOSH:

   1. (a) Post a copy of the notice on the safety bulletin board.
   2. (b) Give a copy of the notice to affected employees and employee representatives.

   3. (c) Use any other appropriate means for notifying employees who may not receive notices posted on the safety bulletin board. For example, provide a copy to a designated representative or the safety committee.

      What to expect from DOSH:

3. (3) DOSH will do both of the following after receiving a request for a hearing on a variance, change of variance, or temporary variance renewal:

   1. (a) Within 10 days, issue a notice advising all interested parties listed on the application that they have the option to participate in the hearing.
   2. (b) Provide the employer with a notice of the hearing at least 20 calendar days before the hearing date.

4. (4) A hearing for the variance or variance change will be conducted as follows:

   1. (a) A DOSH representative will explain DOSH's view of the request for a variance or any proposed change to a variance.
   2. (b) Employers, employees, or employee representatives will then have an opportunity to explain their views and provide any relevant documents or information.

5. (5) Information gathered at the hearing will be used to make a decision about whether to grant or deny the request for a variance or change in variance.

   Notes:	1. DOSH may record a variance hearing.
   	2. Employers, employees, or employee representatives may request copies of recordings or transcripts of variance hearings at cost.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 49.17.180, 49.17.190, and chapter 49.17 RCW. WSR 25-03-091, s 296-900-11025, filed 1/16/25, effective 2/17/25. Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 17-18-075, § 296-900-11025, filed 9/5/17, effective 10/6/17; WSR 06-06-020, § 296-900-11025, filed 2/21/06, effective 6/1/06.]