Current through Register Vol. 48, No. 9, September 27, 2024
A.
Petition for Temporary Variance. Any employer, or class of employers, desiring
a variance from a standard, or portion thereof may file a written petition
containing the information specified in paragraph B of this regulation with the
Commissioner, Columbia, South Carolina.
B. Contents for Temporary Variance. A
petition filed pursuant to paragraph A of this regulation shall include:
(1) The name and address of the
petitioner;
(2) the address of the
place or places of employment involved;
(3) a specification of the standard or
portion thereof from which the petitioner seeks a variance;
(4) a representation by the petitioner,
supported by representations from qualified persons having first-hand knowledge
of the facts represented, that he is unable to comply with the standards or
portion thereof by its effective date and detailed statement of the reasons
thereof;
(5) a statement of the
steps the petitioner has taken or will take with specific dates where
appropriate, to protect employees against the hazard covered by the
standard;
(6) a statement of when
the petitioner expects to be able to comply with the standards 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 the facts the petitioner
proposes to prove:
(a) The petitioner 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 alternation 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;
(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 in this subarticle;
(9) A statement that the petitioner has
informed his affected employees of the application by giving a copy thereof to
their authorized representative, 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, and by other appropriate
means;
(10) A description of how
affected employees have been informed of the petition and of their rights to
petition the Commissioner for a hearing.
C. Interim Order for Temporary Variances.
(1) Petition. A petition may also be made for
an interim order to be effective until a decision is rendered on the petition
for the variance filed previously or concurrently. A petition for an interim
order may include statements of fact and arguments as to why the order should
be granted. The Commissioner may rule ex parte upon the petition for interim
order.
(2) Notice of Denial of
Petition. If a petition filed pursuant to subparagraph (1) of this regulation
is denied, the applicant shall be given prompt notice of the denial, which
shall include, or be accompanied by; a brief statement of the grounds
therefor.
(3) Notice of the Grant
of an Interim Order. If an interim order is granted, a copy of the order shall
be served upon the petitioner for the order and other parties and the terms of
the order shall be on file in the office of the Commissioner. It shall be a
condition of the order that the affected employer shall give notice thereof to
affected employees by the same means to be used to inform them of a petition
for a variance.
D.
Length of Temporary Variances. No temporary variance may be in effect for
longer than the period needed by the employer to achieve compliance with the
Rule or Regulation or for one year, which ever is shorter, except that such
order may be renewed not more than twice (1) so long as the requirements of
this paragraph are met and (2) if an application for renewal is filed at least
ninety days prior to the expiration date of the order. No interim renewal of an
order may remain in effect for longer than 180 days.
