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Senate Roll Call on
2011 Senate Bill 5068: Modifying the abatement of violations of the industrial safety and health act during an appeal

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.

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Senate Roll Call on 2011 Senate Bill 5068

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