PDFWAC 296-900-11015

Renewing a temporary variance.

IMPORTANT:
Temporary variances can be renewed up to two times, for up to 180 days each time.
(1) The employer must apply for a temporary variance renewal at least 90 days before the temporary variance expires.
(2) The employer must send a letter, explaining why more time is needed to fulfill the current requirements.
What to expect from DOSH:
(3) A review of the temporary variance renewal request.
If more information is needed to make a decision, DOSH may:
(a) Contact the employer or others who may have the needed information.
(b) Visit your workplace after contacting the employer to make arrangements.
(c) Deny the request if information needed to make a decision is not provided.
(4) A decision at least 21 calendar days from when the request was posted for employees.
The 21-day period allows employees time to request a hearing on a temporary variance renewal. See Variance hearings, WAC 296-900-11025.
(5) A written decision either granting or denying the temporary variance renewal request.
(a) If granted, the written decision will include all of the following:
(i) The requirements for which the temporary variance applies.
(ii) The locations where the temporary variance applies.
(iii) What the employer must do as an alternative means of protecting employees.
(iv) The effective date of the temporary variance.
(v) An expiration date for the temporary variance.
(vi) The requirement to post the decision.
(b) If denied, the written decision will include:
(i) A brief statement with reasons for the denial.
(ii) The requirement to post the decision.
[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 296-900-11015, 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, § 296-900-11015, filed 9/5/17, effective 10/6/17; WSR 06-06-020, § 296-900-11015, filed 2/21/06, effective 6/1/06.]