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.