8 AAC 61.330. Temporary variances

(a) An employer desiring a temporary variance from a safety or health standard adopted pursuant to AS 18.60.010 - 18.60.105 may file a written application with the commissioner requesting a temporary variance.

(b) An application filed pursuant to (a) of this section must include

(1) the name and address of the applicant;

(2) the name and address of the place of employment involved;

(3) specification of the standard or portion thereof from which the applicant seeks a temporary variance, with an explanation and description of the variance;

(4) a representation by the applicant supported by representations from qualified persons having first-hand knowledge of the facts represented that he is unable to comply with the standard or portion thereof by its effective date and detailed statement of the reasons therefor;

(5) a statement of the steps the applicant has taken and will take with specific dates where appropriate, to protect employees against the hazard covered by the standard;

(6) a statement of when the applicant expects to be able to comply with the standard and of what steps he has taken and will take, with specific dates where appropriate, to come into compliance with the standard;

(7) a statement of facts which shows that

(A) the applicant 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;

(B) he is taking all available steps to safeguard his employees against the hazards covered by the standard; and

(8) any request for a hearing as provided by sec. 370 of this chapter; and

(9) a certified statement that the applicant has informed his employees of the application; the statement must contain the following:

(A) if the employees have an authorized representative, that a copy of the application, a written statement of the employees' right to a hearing, and any other supporting documents were furnished to the representative; and

(B) that a summary of the application was posted at or near the condition or practice that would be affected by the variance and at the place or places where notices to employees are customarily posted; the summary shall specify where a copy of the application may be obtained and contain a statement of the employee's right to a hearing on the application.

(1) If a request for an interim order is denied, the applicant will be given prompt notice of the denial. The notice of denial will contain a brief statement of the reasons therefor.

(2) If an interim order is granted, a copy of the order will be served upon the applicant for the order. It will be a condition of the order that the affected employer must give notice thereof to affected employees by the same means to be used to inform them of an application for a variance. The interim order will be effective until a decision is rendered on the application for a temporary variance.

History: Eff. 1/10/75, Register 53

Authority: AS 18.60.020

AS 18.60.081

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