Variance

(a)When the Department finds that a variation from the terms set forth in this Article will not impair the safety of employees, which would otherwise be secured by compliance with the terms of said Article, the Department, upon written application, after investigation and such hearings as the Department may direct, may issue an order permitting such variation upon such conditions as it may specify and upon the provision and use of such safety measures and appliances as shall, in the judgment of the Department, secure the safety of employees.

(b)Non-compliance with the conditions specified in the variance shall automatically suspend such variance for as long as the non-compliance exists.

(c)Upon receipt of a complaint and satisfactory proof that a variation imperils the safety of employees, which could otherwise be secured by compliance with this Article, the Department may suspend, revoke or modify the variance and/or the conditions specified.

(d)No declaration, act or omission of the Department other than a written notice authorizing a variation, shall be deemed to exempt, either wholly or in part, expressed or implied, any owner from full compliance with the terms of this Article.