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 61.340 - Permanent variances
Universal Citation: 8 AK Admin Code 61.340
Current through February 27, 2024
(a) An employer desiring a permanent variance from a safety or health standard, or portion thereof, adopted pursuant to AS 18.60.010-18.60.105 may file a written application with the commissioner requesting a permanent 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 or places of employment involved;
(3) specification of the standard or portion
thereof from which the applicant seeks a variance;
(4) a description of the conditions,
practices, means, methods, operations, or processes used or proposed to be used
by the applicant;
(5) 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
for employees which are as safe and as healthful as those required by the
standard from which a variance is sought;
(6) any request for a hearing, as provided by
sec. 370 of this chapter; and
(7) 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 must specify where a copy of the application may be
obtained and contain a statement of the employees' right to a hearing on the
application.
(c) An application for a permanent 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 permanent variance.
Authority:AS 18.60.020
AS 18.60.081
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