620 IAC 1-3-3 Temporary variances; grounds for issuance

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.