(a) Application for variance. Any employer, or class of employers, desiring a variance from a rule, regulation or standard, or portion thereof, authorized by W.S. 27-11-111, may file a written application containing the information specified in paragraph (b) of this section with the Program Manager.
(b) Contents. An application filed for a permanent or temporary variance pursuant to paragraph (a) of this subsection shall include: - (i) The name and address of the applicant;
- (ii) The address of the place or places of employment involved;
- (iii) A statement that the applicant has informed his affected employees of th application by giving a copy thereof to their authorized representative, or posting, at the place or places where notices to employees are normally posted; a statement giving a summary of the application, and specifying where a copy may be examined and information concerning the employee's right to petition the Commission or Department for a hearing, and by other appropriate means.
(c) Additional contents - Permanent variance. - (i) A description of the conditions, practices, means, metnods, operations, or processes used or proposed to be used by the applicant;
- (ii) A statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide employment and places of employment to employees which are as safe and healthful as those required by the standard from which a variance is sought;
(d) Additional contents - Temporary variance. - (i) A specification of the rule, regulation or standard, or portion thereof, from which the applicant seeks a variance;
- (ii) A written statement by the applicant, supported by written statements from a qualified individual(s) having first hand knowledge of the facts represented, that he is unable to comply with the rule, regulation or standard, or portion thereof, by its effective date, and a detailed statement of the reasons for being unable to comply;
- (iii) A statement of the steps the applicant has taken and will take, with specified dates where appropriate, to protect employees against the hazard covered by the rule, regulation or standard;
- (iv) A statement of when the applicant expects to be able to comply with the rule, regulation or standard and of what steps he has taken and will take, with specific dates where appropriate, to come into compliance with the rule, regulation or standard;
- (v) A statement of facts to establish that the applicant is unable to comply with the rule, regulation or 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 rule, regulation or standard or because of necessary construction or alteration of facilities cannot be completed by the effective date;
- (vi) A statement that the applicant is taking all available steps to safeguard his employees against the hazards covered by the rule, regulation or standard and he has an effective program for coming into compliance with the standard as quickly as practicable.
(e) Interim Order. - (i) Application. An application may also be made for an interim order to be effective until a decision is rendered on the application for the variance filed previously or concurrently. An application for an interim order shall include statements of fact and arguments as to why the order should be granted. The Commission or the Program Manager shall rule upon the application for an interim order based on the facts contained within the application.
- (ii) Denial of application. If an application filed pursuant to subparagraph (i) of this paragraph is denied, the applicant shall be given prompt notice of the denial, which shall include, a brief statement of the grounds for denial.
- (iii) Grant of an interim order. If an interim order is granted, a copy of the order shall be served upon the applicant. It shall be a condition of the order that the affected employer shall give notice thereof to affected employees by the same means to be used to inform them of an application for a variance.