Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 4 - Occupational Safety and Health Division
Chapter 61 - Occupational Safety and Health
Article 5 - Variances
8 AAC 61.330 - Temporary variances
Universal Citation: 8 AK Admin Code 61.330
Current through February 27, 2024
(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
(C) he has an
effective program for coming into compliance with the standard as quickly as
practicable;
(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.
(c) An application for a temporary variance may contain a request for an interim order ex parte.
(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.
Authority:AS 18.60.020
AS 18.60.081
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