Temporary Variances And Other Relief

(1) Applications for Temporary Variances. Any employer or class of employers desiring a temporary variance from a standard, or portion thereof, authorized by T.C.A. §50-3-201 may file an application with the Commissioner containing the information specified in paragraph (2) of this rule. (2) Contents. An application filed pursuant to paragraph (1) of this rule shall contain the following information: (a) The name and address of the applicant; (b) The address (physical location) of the place or places of employment involved; (c) A specification by number of the standard or portion thereof from which the applicant seeks a variance; (d) A detailed statement of the reasons why the applicant is unable to comply with the standard, supported by representations by qualified personnel having firsthand knowledge of the facts represented; (e) A statement of the steps the applicant has taken and will take, (with specific dates) to protect employees against the hazard covered by the standard; (f) A statement of when the applicant expects to comply and what steps the applicant has taken or will take (with specific dates) to come into compliance with the standard; (g) A statement of the facts the applicant would show to establish that: 1. The applicant is unable to comply with the standard by its effective date because of unavailability of professional or technical personnel, or of materials and equipment required, necessary construction or alteration of facilities or technology; 2. The applicant is taking all available steps to safeguard his employees against the hazards covered by the standard; and 3. The applicant has an effective program for coming into compliance with the standard as quickly as practicable; or 4. The applicant is engaged in an experimental program as described in T.C.A. §50-3-602. (h) Any request for a hearing as provided in Rule 0800-1-2-.10; (i) A certification that the applicant has informed his affected employees of the application by giving a copy of it to their authorized representative(s), posting a statement summarizing the application and specifying where a copy may be examined, at the place or places where notices to employees are normally posted, and by other appropriate means; and (j) A description of how affected employees have been informed of the application and of their right to petition the Commissioner for a hearing. (3) Duration. The variance may be for a period of no longer than required to achieve compliance or one (1) year, whichever is shorter. In the case of employers undertaking experimental programs in safety and health, longer variances may be granted. VARIANCES FROM OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-1-2