Section 620 IAC 1-3-3 - Temporary variances; grounds for issuanceAuthority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 22-8-1.1-19.1
Sec. 3.
The commission shall grant a temporary variance from a standard when an employer, following the procedures stated in 620 IAC 1-3, establishes that:
(1) it 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) it is taking all available steps to safeguard its employees against the hazards covered by the standard; and(3) it has an effective program for coming into compliance with the standard as quickly as practicable. Occupational Safety Standards Commission; 620 IAC 1-3-3; filed Jul 16, 1987, 3:50 pm: 10 IR 2676; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed November 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFAReadopted filed 11/27/2019, 3:35 p.m.: 20191225-IR-620190506RFA