Section 620 IAC 1-3-6 - Applications for permanent variancesAuthority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 22-8-1.1-20.1
Sec. 6.
(a) If an employer wishes to seek a permanent 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 permanent 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 permanent variance;(4) specific identification of machinery or equipment covered by the request for a permanent variance including brand name and model name or number, and serial number or other identifying means;(5) a description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the applicant;(6) a statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide employment to employees which are as safe and healthful as those required by the standard from which a variance is sought;(7) where the application for permanent 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.(8) any photographs, drawing, diagrams and similar information which the applicant believes may aid the commission in its consideration of the application for a permanent variance; and(9) a certification that the applicant has informed the employees of the application 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 permanent variance application shall be signed by the employer, an authorized representative of the employer if the employer is not an individual, or the employer's attorney.Occupational Safety Standards Commission; 620 IAC 1-3-6; 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