Temporary variances
Sec. 19.1. Temporary Variances. Any employer may apply to the
commission for a temporary order granting a variance from a
standard or any provision thereof promulgated under this chapter.
Such temporary order shall be granted only if the employer
establishes that he is unable to comply with a standard by its
effective date because of unavailability of professional or technical
personnel or of materials and equipment needed to come into
compliance with the standard or because necessary construction or
alteration of facilities cannot be completed by the effective date; that
he is taking all available steps to safeguard his employees against the
hazards covered by the standard; and that he has an effective
program for coming into compliance with a standard as quickly as
practicable. Any temporary order issued under this section shall
prescribe the practices, means, methods, operations and processes
which the employer must adopt and use while the order is in effect
and state in detail his program for coming into compliance with the
standard. Such a temporary order may be granted only after notice to
employees and an opportunity for a hearing. Said notice shall be
given to the authorized representative of the employees and be posted
at or near the location for which the variance is sought. No order for
a temporary variance may be in effect for longer than the period
needed by the employer to achieve compliance with the standard or
one (1) year, whichever is shorter, except that such an order may be
renewed not more than twice, so long as the requirements of this
paragraph are met and if an application for renewal is filed at least
ninety (90) days prior to the expiration date of the order.
(Formerly: Acts 1973, P.L.241, SEC.15.)
Last modified: May 27, 2006