Current through Register Vol. 63, No. 12, December 1, 2024
(1) A variance may be modified or revoked
after it has been in effect 6 months or longer upon:
(a) Receiving a request from the employer, an
affected employee, or an employee representative containing:
(A) The name and address of the
applicant;
(B) A description of the
relief which is sought;
(C) A
statement setting forth with particularity the grounds for relief;
(D) If the applicant is an employer, a
certification that the applicant has informed affected employees of the
application by:
(i) Giving a copy to their
authorized representative;
(ii)
Posting at the place or places where notices to employees are normally posted,
a statement giving a summary of the application and specifying where a copy of
the full application may be examined (or, in lieu of the summary, posting the
application itself); and
(iii)
Other appropriate means.
(E) If the applicant is an affected employee,
they must provide a copy of the application to the employer; and
(F) Any request for a hearing, as provided
for in these rules.
(b)
Notification and confirmation that the alternative methods or safeguards
required by the variance are not fully complied with; or
(c) An Oregon OSHA review.
(2) Oregon OSHA will post the
proposed modifications or revocations on the Oregon OSHA web site at
osha.oregon.gov for 30 days. The posting will include:
(a) The name of applicant;
(b) The rule, also identified by number, from
which the variance had been granted;
(c) A brief description of the variance and
why relief is sought;
(d) Notice of
opportunity for public comment and hearing and that a request for hearing will
be made within 20 days of publication;
(e) Information on how interested persons may
learn of Oregon OSHA's decision on the variance; and
(f) The address of the Oregon OSHA office
from which further information may be obtained.
(3) Oregon OSHA may conduct an on-site review
of the equipment or processes involved in the proposed, revoked, or modified
variance.
(4) The employer and
affected employees will be advised in writing of modification or revocation of
the variance. The modification or revocation order will include:
(a) The name and address of the
employer;
(b) The address and
location of the place of employment involved;
(c) The rule, identified by number, from
which the variance was granted;
(d)
The type of variance issued;
(e)
The reasons for modification or revocation of the variance; and
(f) The employer's and affected employees
appeal rights.
(5) Any
request for a hearing will be made within 30 days of publication and must
include a short and plain statement of:
(a)
How the proposed modification or revocation would affect the requesting party;
and
(b) What the requesting party
would seek to show on the subjects or issues involved.
Statutory/Other Authority: ORS
654.025(2)
& 656.726(4)
Statutes/Other Implemented: ORS
654.001 -
654.295
