Montana § 50-71-114 Rulemaking -- Variances

Montana Statutes

§ 50-71-114 — Rulemaking -- Variances

Montana § 50-71-114

Title 50HEALTH AND SAFETY

Ch. 71OCCUPATIONAL SAFETY AND HEALTH

Part 1Montana Occupational Safety and Health Act

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Bluebook

Mont. Code Ann. § 50-71-114 (2026).

Text

50-71-114 . Rulemaking -- variances.

(1)The department may adopt appropriate standards for safety and health by administrative rule, including:

(a)any safety or health regulations promulgated by the federal occupational safety and health administration; and

(b)standards that are not inconsistent with federal safety and health regulation but that provide for a greater level of protection for employees.

(2)The department may adopt other rules that are reasonably necessary to implement this part.

(3)(a) The department may by rule:

(i)provide a procedure to grant a temporary variance from the particular provisions of a standard; and

(ii)permit the temporary use of other or different devices or methods than provided by the standard.

(b)A temporary variance may be granted only if the pub

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50-71-114 . Rulemaking -- variances. (1) The department may adopt appropriate standards for safety and health by administrative rule, including:
(a) any safety or health regulations promulgated by the federal occupational safety and health administration; and
(b) standards that are not inconsistent with federal safety and health regulation but that provide for a greater level of protection for employees.
(2) The department may adopt other rules that are reasonably necessary to implement this part.
(3) (a) The department may by rule:
(i) provide a procedure to grant a temporary variance from the particular provisions of a standard; and
(ii) permit the temporary use of other or different devices or methods than provided by the standard.
(b) A temporary variance may be granted only if the public sector employer:
(i) has an effective program for complying with the standard as quickly as is practicable;
(ii) is taking all available steps to safeguard public sector employees against the hazards covered by the standard; and
(iii) is unable to comply with the standard because:
(A) professional or technical personnel needed to implement compliance with the standard are temporarily unavailable;
(B) material or equipment needed to comply with the standard is temporarily unavailable; or
(C) necessary construction or alteration of facilities cannot be completed by the effective date of the standard.