South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA
Section 71-207 - Permanent Variances and other relief under section 41-15-250

Universal Citation: SC Code Regs 71-207

Current through Register Vol. 48, No. 9, September 27, 2024

A. Petition for Permanent Variance. Any employer, or class of employers, desiring a variance authorized by Section 41-15-250, South Carolina Code of Laws, may file a written petition containing the information specified in paragraph B of this regulation with the Commissioner of Labor, Department of Labor, Columbia, South Carolina.

B. Contents for Permanent Variances. 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 description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the petitioner;

(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 for which a variance is sought;

(5) 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;

(6) Any request for a hearing, as provided in this subarticle; and

(7) A description of how employees have been informed of the petition and of their right to petition the Commissioner of Labor for a hearing.

C. Interim Order for Permanent 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.

(2) Notice of Denial of Petition. If a petition filed pursuant to subparagraph 1 of this paragraph is denied, the petitioner 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 at the Office of the Commissioner and subject to inspection by interested parties. It shall give notice thereof to affected employees by the same means to be used to inform them of a petition for a variance.

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