Indiana § 22-8-1.1-20.1 Permanent variances; application; notice; rule or order; modification
or revocation

Indiana Statutes

§ 22-8-1.1-20.1 — Permanent variances; application; notice; rule or order; modification or revocation

Indiana § 22-8-1.1-20.1

Art. 8OCCUPATIONAL HEALTH AND SAFETY

Ch. 1.1Indiana Occupational Safety and Health Act (IOSHA)

This text of Indiana § 22-8-1.1-20.1 (Permanent variances; application; notice; rule or order; modification or revocation) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 22-8-1.1-20.1 (2026).

Text

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. T

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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.