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2011 Senate Bill 5068: Modifying the abatement of violations of the industrial safety and health act during an appeal
Introduced by Sen. Steve Conway (South Tacoma) (D) on January 12, 2011
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.
Referred to the Senate Labor, Commerce & Consumer Protection Committee on January 12, 2011
Substitute offered in the Senate on February 16, 2011
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.
The substitute passed by voice vote in the Senate on February 16, 2011
Referred to the Senate Rules Committee on February 17, 2011
Amendment offered by Sen. Steve Conway (South Tacoma) (D) on March 5, 2011
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.
The amendment passed by voice vote in the Senate on March 5, 2011
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.
Received in the House on March 8, 2011
Referred to the House Labor & Workforce Development Committee on March 8, 2011
Referred to the House Rules Committee on March 31, 2011
Amendment offered by Rep. Cary Condotta (East Wenatchee) (R) on April 5, 2011
To exempt businesses with 50 or fewer employees from the abatement on appeal provisions.
The amendment failed by voice vote in the House on April 5, 2011
Amendment offered by Rep. Cary Condotta (East Wenatchee) (R) on April 5, 2011
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.
The amendment failed by voice vote in the House on April 5, 2011
Amendment offered by Rep. Cary Condotta (East Wenatchee) (R) on April 5, 2011
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.
The amendment failed by voice vote in the House on April 5, 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.
Signed by Gov. Christine Gregoire on April 15, 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.

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