§ 22-8-1.1-19.1 — Temporary variances

Indiana § 22-8-1.1-19.1

• Jurisdiction: Indiana
• Art. 8: OCCUPATIONAL HEALTH AND SAFETY
• Ch. 1.1: Indiana Occupational Safety and Health Act (IOSHA)

Text

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.