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Washington Industrial Safety and Health Act (WISHA) appeal

WISHA cases

A WISHA case starts when the Department of Labor and Industries issues a Citation and Notice. An appeal must be filed with L&I within 15 working days of receipt of the Citation and Notice. L&I will either take further action or send the appeal to the BIIA. If L&I takes further action, it will issue a Corrective Notice of Redetermination (CNR).

WISHA Appeals

You must file an appeal with the BIIA within 15 working days of receipt of the CNR. See WAC 263-12-059 for specific filing requirements. Your appeal should include:

  • The name and address of the appealing party (and representative).
  • The inspection number and date of the CNR being appealed.
  • The reasons why you believe L&I's decision is incorrect.
  • The name and address of any union representing affected employees.
  • The county in which you would like proceedings to be held.

Notice to employees

Every employer who files a WISHA appeal with the BIIA must notify its employees by either: 

  • Providing copies of the appeal to each employee member of the employer's safety committee; or
  • Posting a copy of the appeal in a conspicuous place at the worksite at which the alleged violation occurred. Any posting shall remain during the pendency of the appeal.

Certification of unions and notice to employees

Within 14 days of receipt of the BIIA's notice acknowledging a WISHA appeal, every employer must:

    1. Certify to the BIIA that employees have been notified.
    2. Certify to the BIIA whether affected employees are represented by unions, and if so, provide the names and addresses of unions.

WISHA Certification of Unions and Notice to Employees form

Requesting Stay of Abatement

You can request a stay of abatement for any alleged serious, willful, repeated serious violation, or alleged failure to abate a serious violation. There are strict requirements to make this request. Carefully follow
WAC 263-12-059(3). 

File online

You can file a WISHA appeal on our website at:

File in person, by mail, or by fax

Please send your appeal to:

Board of Industrial Insurance Appeals
2430 Chandler Court SW
PO Box 42401
Olympia WA 98504-2401
FAX: 360-586-5611, outside Olympia: 855-586-5611

File a copy of the appeal with L&I

Please send a copy of your appeal to:

Safety and Health Division/DOSH
Department of Labor and Industries
PO Box 44604
Olympia, WA  98504