Section 620 IAC 1-3-5 - Applications for temporary variancesAuthority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 22-8-1.1-19.1
Sec. 5.
(a) If an employer wishes to seek a temporary variance, it shall apply for it by providing the information required by subsection (b) of this section on a form provided by the secretary or a reasonable facsimile.(b) An application for a temporary variance shall include the following information:(1) The name and address of the applicant.(2) The address(es) of the place or places of employment involved.(3) Identification, by specific citation, of the standard or portion thereof from which the applicant seeks a temporary variance.(4) Specific identification of machinery or equipment covered by the request for a temporary variance including brand name and model name or number, and serial number or other identifying means.(5) A representation by the applicant supported by representations from qualified persons having firsthand knowledge of the facts represented, that it is unable to comply with the standard or portion thereof by its effective date and a detailed statement of the reasons therefor.(6) A statement of the steps the applicant has taken and will take, with specific dates where appropriate, to protect employees against the hazard covered by the standard.(7) A statement of when the applicant expects to be able to comply with the standard and of what steps it has taken and will take, along with specific dates where appropriate, to come into compliance with the standard.(8) A statement of the facts the applicant would show to establish that:(A) the applicant 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;(B) it is taking all available steps to safeguard his employees against the hazards covered by the standard; and(C) it has an effective program for coming into compliance with the standard as quickly as practicable.(9) Where the application for a temporary variance concerns a state standard or portion thereof, identical in requirements and substance to a federal standard, the applicant shall:(A) Identify the identical federal standard.(B) Certify whether the applicant has filed for such a variance, on the same facts, with the Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor.(C) Certify whether any citations for violations of the identical federal standard, or portion thereof, have been issued to the applicant by the Federal Government. If such citations have been issued, identification shall be included.(10) Any photographs, drawings, diagrams and similar information which the applicant believes may aid the commission in its consideration of the application for a temporary variance.(11) A statement that the applicant has informed his affected employees of the application for a temporary variance by: (A) giving a copy thereof to their authorized representative;(B) posting the application, or a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted; and(C) other appropriate means. The applicant shall also state the date(s) these actions were taken.
(c) The application and any other paper which may be filed with the commission concerning the temporary variance applications shall be signed by the employer, and authorized representative of the employer if the employer is not an individual, or the employer's attorney.Occupational Safety Standards Commission; 620 IAC 1-3-5; filed Jul 16, 1987, 3:50 pm: 10 IR 2677; 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