Code of Maine Rules
12 - DEPARTMENT OF LABOR
179 - BOARD OF OCCUPATIONAL SAFETY AND HEALTH
Chapter 9 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR ISSUING VARIANCES IN THE PUBLIC SECTOR
Section 179-9-1 - Variance

As set forth in 26 M.R.S. §571, any affected employer may apply to the director for order for a variance from a standard promulgated under this chapter. Affected employees shall be given notice of each application and an opportunity to participate in a hearing. The director shall issue the order if he determines on the record, after a hearing and, where appropriate, an inspection, that the proponent of a variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of his employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. Such an order may be summarily revoked by the director on his own motion or modified or revoked by the director upon application by an employer or employee in the manner prescribed for its issuance. Any person aggrieved by an order of the director may appeal, at any time, from the order to the board under the process established in 26 M.R.S. §568.