To provide that an appeal of any violation classified and cited as serious, willful, repeated, or failure to abate does not stay abatement dates and requirements, except that an employer may file a motion within fifteen working days from receipt of a citation to the board of industrial insurance appeals to stay abatement. The board of industrial insurance appeals must develop a process for conducting expedited review and shall issue a final decision within forty-five working days following receipt of the employer's motion. (Companion: HB 1676).   Official Text and Analysis.

To clarify that, in addition to serious and willful violations, abatement is not stayed for repeated "serious" violations or failures to abate "serious" violations. Instead of immediatly filing a motion for appeal to the board of industrial insurance appeals (BOIIA) the Director of L&I can reassume jurisdiction of an appeal and will consider a request for a stay of abatement. If an employer appeals the director's decision on redetermination to the BOIIA the employer can renew the request for a stay of abatement.

To offer a striking amendment to clarify that in an application for a stay of abatement, the department will not grant a stay when it can determine that the preliminary evidence shows a substantial probability of death or serious physical harm to workers. The board will not grant a stay where based on the preliminary evidence it is more likely than not that a stay would result in death or serious physical harm to a worker.

Provides that an appeal of any violation classified and cited as serious, willful, repeated, or failure to abate does not stay abatement dates and requirements, except that an employer may file a motion within fifteen working days from receipt of a citation to the board of industrial insurance appeals to stay abatement. The board of industrial insurance appeals must develop a process for conducting expedited review and shall issue a final decision within forty-five working days following receipt of the employer's motion. Abatement is not stayed for repeated "serious" violations or failures to abate "serious" violations. Alternatively, the Director of L&I can reassume jurisdiction of an appeal and will consider a request for a stay of abatement. If an employer appeals the director's decision on redetermination to the BOIIA the employer can renew the request for a stay of abatement. L&I will not grant a stay when it can determine that the preliminary evidence shows a substantial probability of death or serious physical harm to workers. The board will not grant a stay where based on the preliminary evidence it is more likely than not that a stay would result in death or serious physical harm to a worker.

To exempt businesses with 50 or fewer employees from the abatement on appeal provisions.

To provide that if a final order vacates an underlying violation for which the Board of Industrial Insurance Appeals denied a stay and there is a finding of fact that no hazard exists, the Department of Labor and Industries (Department) must reimburse the employer for the reasonable costs of implementing approved abatement plans and timelines, with no offset for amounts the employer owes the Department.

To provide that the Board of Industrial Insurance Appeals a stay where there is good cause unless the Board finds based on clear and convincing evidence that a stay would result in death or serious physical harm to a worker and requires the Department of Labor and Industries to provide an employer with all records relating to a violation that is the subject of an appeal and stay request within five business days of the appeal. Deletes requirement that the Department adopt rules to implement abatement on appeal provisions.

To provide that in an application for a stay of abatement, the Department of Labor and Industries (L&I) will not grant a stay when it can determine that the preliminary evidence shows a substantial probability of death or serious physical harm to workers. The Board of Industrial Insurance Appeals (BOIIA) will not grant a stay when based on the preliminary evidence it is more likely than not that a stay would result in death or serious physical harm to a worker. L&I will initiate rulemaking to implement this law in 2011.

To provide that in an application for a stay of abatement, the Department of Labor and Industries (L&I) will not grant a stay when it can determine that the preliminary evidence shows a substantial probability of death or serious physical harm to workers. The Board of Industrial Insurance Appeals (BOIIA) will not grant a stay when based on the preliminary evidence it is more likely than not that a stay would result in death or serious physical harm to a worker. L&I will initiate rulemaking to implement this law in 2011.