Permanent Variances

(1) Applications for Permanent Variances. Any employer or class of employers desiring a permanent variance authorized by T.C.A. §50-3-605 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 a variance is sought, and a description of the conditions, practices, means, methods, operations or processes used or proposed to be used by the applicant which are purported to be as effective as those required by the standard from which a variance is sought; (d) 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; (e) A certification that the applicant has informed his affected employees of the application by: 1. Giving a copy of it to their authorized representative(s); 2. 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 (or in lieu of such summary, the posting of a copy of the application); and 3. Other appropriate means. (f) Any request for a hearing as provided in Rule 0800-1-2-.10; and (g) A description of how affected employees have been informed of the application and of their right to petition the Commissioner for a hearing.