WASHINGTON: Employers must abate serious violations during appeal

Pursuant to a new rule adopted by the Washington Department of Labor and Industries (L&I), employers will be required to abate certain safety violations even if they are appealing the citation. The rule implements a recently enacted state law (SSB 5068, 2011 Wash Laws Ch. 91).  The law already took effect on July 22, 2011, but the new regulations explain the statute and provide a process for employers to request an exception (a stay of abatement). As a general rule, employers must abate any violation resulting in a citation, even if it’s being appealed, if the violation is classified as serious, willful, repeated serious, or failure to abate a serious violation. However, effective July 1, 2012, to avoid abatement during appeal, employers may specifically request a stay of abatement from L&I at the same time that they file the citation appeal. Unless the stay of abatement is granted, the employer has an obligation to rectify the violation cited by L&I. On behalf of our members, Vigilant has monitored the development of the abatement rule language. Questions about what this new rule means for your workplace? Call your Vigilant safety professional for further discussion.