WAC 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 DOSH requirements. What to expect from DOSH: (2) After receiving a written complaint from an employee or employee representative, DOSH reviews the allegations and responds according to Table 2, DOSH Responses to Employee Complaints. Table 2 DOSH Responses to Employee Complaints For this determination: DOSH will take the following actions: The complaint is within DOSH 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 • Email or mail a complaint notification letter to the employer. Before the complaint is emailed 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, DOSH may schedule an inspection • If the person who filed the original complaint requests in writing that DOSH review a decision not to conduct an inspection, DOSH 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 DOSH 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 DOSH jurisdiction • Send a written response to the person filing the complaint explaining the matter is not within DOSH jurisdiction Note: DOSH may make a referral to the proper authority For this determination: DOSH will take the following actions: The complaint is within DOSH 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 • Email or mail a complaint notification letter to the employer. Before the complaint is emailed 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, DOSH may schedule an inspection • If the person who filed the original complaint requests in writing that DOSH review a decision not to conduct an inspection, DOSH 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 DOSH 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 DOSH jurisdiction • Send a written response to the person filing the complaint explaining the matter is not within DOSH jurisdiction Note: DOSH may make a referral to the proper authority