Permanent variances; application; notice; rule or order;
modification or revocation
Sec. 20.1. Any affected employer may apply to the commission
for a permanent variance from a standard promulgated under this
chapter. Affected employees shall be given notice of each such
application by posting it at or near the location for which the
variance is sought, and an opportunity to participate in a hearing. The
commission shall issue such rule or order if it determines, after a
hearing, including an inspection, if appropriate, that the proponent of
the variance has demonstrated by a preponderance of the evidence
that the conditions, practices, means, methods, operations, or
processes used or proposed to be used by the employer will provide
employment and places of employment to his employees which are
as safe and healthful as those which would prevail if he complied
with the standard. The rule or order so issued shall prescribe the
conditions the employer must maintain, and the practices, means,
methods, operations, and processes which he must adopt and utilize
to the extent they differ from the standard in question. Such a rule or
order may be modified or revoked upon application by an employer,
employees, the commissioner of labor, or the commission on its own
motion, in the manner prescribed for its issuance under this section
at any time after six (6) months from its issuance, provided that the
moving party gives thirty (30) days notice to the other parties, and a
hearing is held at the request of any of the parties.
(Formerly: Acts 1973, P.L.241, SEC.16.)
Last modified: May 27, 2006