Temporary Variance Order

(a)Any employer may apply to the Director for a temporary order granting a variance from a standard or any provision thereof promulgated under § 1206. Such temporary order shall be granted only if the employer files an application which meets the requirements of clause

(b)hereof and establishes that:

(1)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;

(2)He is taking all available steps to safeguard his employees against the hazards covered by the standard; and

(3)He has an effective program for coming into compliance with the standard as quickly as practicable. Any temporary order issued under this subsection 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; provided, however, that the Director may issue one interim order to be effective until a decision is made on the basis of the hearing. No temporary order 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 subsection are met and if an application for renewal is filed at least ninety

(90)days prior to the expiration date of the order[,] no interim renewal of an order may remain in effect for longer than one hundred eighty

(180)days. COL 1/26/2024 DIV. 1 LABOR REGULATIONS CH. 1 DEPARTMENT OF LABOR

(b)An application for a temporary order under this subsection shall contain:

(1)A specification of the standard or portion thereof from which the employer seeks a variance;

(2)A representation by the employer, supported by representations from qualified person having first-hand knowledge of the facts represented, that he is unable to comply with the standard or portions thereof and a detailed statement of the reasons therefor;

(3)A statement of the steps he has taken and will take (with specific dates) to protect employees against the hazard covered by the standard;

(4)A statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take (with dates specified) to come into compliance with the standard; and

(5)A certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the Director for a hearing.