Wash. Admin. Code § 296-900-12015

Current through Register Vol. 24-20, October 15, 2024

Section 296-900-12015 - Complaints

(1) Employees or employee representatives may file a written complaint if they believe they have been exposed to a hazard that is a violation of WISHA safety and health requirements.

What to expect from WISHA:

(2) After receiving a written complaint from an employee or employee representative, WISHA reviews the allegations and responds according to Table 2, WISHA Responses to Employee Complaints.

Table 2 WISHA Responses to Employee Complaints

For this determination:	WISHA will take the following actions:
The complaint is within WISHA jurisdiction and an inspection does not appear to be needed at this time	* Call the employer to discuss the complaint * Set a deadline for the employer to respond in writing * Fax or mail a complaint notification letter to the employer. Before the complaint is faxed or mailed, the following names will be removed unless specific permission is given to include them: - The name of the person submitting the complaint - The names of any employees identified in the complaint * Evaluate the employer's response, and do one of the following: - Close the complaint because the issues have been addressed, and send a copy of the employer's response to the person filing the complaint - Inspect the workplace Note: * If the complaint is closed and additional information is received from the person filing the complaint disputing the employer's written response, WISHA may schedule an inspection * If the person who filed the original complaint requests in writing that WISHA review a decision not to conduct an inspection, WISHA will review the decision and notify the person in writing of the results * If the person requesting the review is not satisfied with the results of the review, they may request a second review by the assistant director or designee
The complaint is within WISHA jurisdiction and an inspection needs to be conducted	* Conduct an inspection * Issue a citation and notice that shows one of the following: - Violations found - No violations were found * Send a letter to the person filing the complaint with inspection results Reference: For citation and notice information, turn to citation and notice, WAC 296-900-130
The complaint is not within WISHA jurisdiction	* Send a written response to the person filing the complaint explaining the matter is not within WISHA jurisdiction Note: WISHA may make a referral to the proper authority

Wash. Admin. Code § 296-900-12015

Amended by WSR 17-18-075, Filed 9/5/2017, effective 10/6/2017

Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-06-020, § 296-900-12015, filed 2/21/06, effective 6/1/06.