Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION
Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS
Chapter 53 - RULES OF PRACTICE FOR VARIANCE
Subchapter 2 - APPLICATION FOR VARIANCES AND OTHER RELIEF
Section 12-53-7 - Variances and other relief for use of alternate safety practices, etc

Universal Citation: HI Admin Rules 12-53-7

Current through August, 2024

(a) Any employer, or class of employers, desiring a variance for use of alternative safety procedures shall file a written application with the director.

(b) An application filed pursuant to subsection (a) above shall be in writing and shall include:

(1) The name and address of the applicant;

(2) The address of the place or places of employment involved;

(3) A description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the applicant;

(4) 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;

(5) A certification that the applicant has informed employees of the application by:

(A) Giving a copy to their designated representatives;

(B) Posting a statement giving a summary of 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 the summary, the posting of the application itself); and

(6) A description of how employees have been informed of the application and of their right to petition the director for a hearing; and

(7) When the requested variance would be applicable to employment or places of employment in more than one state and concerns a Hawaii OSH standard or portion thereof, identical in requirements and substance to a federal standard, the applicant shall:

(A) Identify the identical federal standard;

(B) Certify whether or not the applicant has filed for such a variance, on the same facts, with the Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor; and

(C) Certify whether or not any citations for violations of the identical federal standard, or portion thereof, have been issued to the applicant by the federal government. If citations have been issued, copies of the citations shall be included.

(1) A written application may also be made for an interim order to be effective until a decision is rendered on the application for the variance filed previously or concurrently. An application for an interim order shall include statements of fact and arguments as to why the order should be granted. The director or the administrator may rule ex parte upon the application for an interim order.

(2) If an application for an interim order is denied, the applicant shall be given notice of the denial, within forty-five days of the filing of the complete application for the interim order which shall include, or be accompanied by, a brief statement of the grounds for the denial.

(3) If an interim order is granted, a copy of the order shall be served upon the applicant.

(4) The employer shall give notice to affected employees, by the same means used to inform them of an application for a variance, that an interim order has been granted.

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