§ 27-11-111 — Variances

(a) Any person affected by this act may request a variance
to any standard, rule or regulation promulgated under this act.
(b) The commission or department shall be empowered to
issue a temporary variance when the employer establishes that:
(i) He is unable to comply with the standard, rule or
regulation because of unavailability of professional or
technical personnel or of materials and equipment needed to come
into compliance;
(ii) He has taken all available steps to safeguard
his employees against the hazards covered by the standard, rule
or regulation;
(iii) He has an effective program for coming into
compliance with the standard, rule or regulation as quickly as
practical; and
(iv) He has advised his employees of his request for
the variance.
(c) A variance may be granted when it shall be determined,
after opportunity for an inspection and a hearing, that the
employer requesting the variance has demonstrated by a
sufficient amount of evidence that the conditions, practices,
means, methods, operations or processes used or proposed to be
used by the employer will provide employment and a place of
employment to his employees which are as safe and healthful as
those which would prevail if he complied with the standard, rule
or regulation.
(d) Procedures for the issuing of a variance are set by
rule as provided in W.S. 27-11-105.