(1) Applications
for Temporary Variances. Any employer or class of employers desiring a
temporary variance from a standard, or portion thereof, authorized by T.C.A.
§
50-3-201
may file an application with the Commissioner containing the information
specified in paragraph (2) of this rule.
(2) Contents. An application filed pursuant
to paragraph (1) of this rule shall contain the following information:
(a) The name and address of the
applicant;
(b) The address
(physical location) of the place or places of employment involved;
(c) A specification by number of the standard
or portion thereof from which the applicant seeks a variance;
(d) A detailed statement of the reasons why
the applicant is unable to comply with the standard, supported by
representations by qualified personnel having firsthand knowledge of the facts
represented;
(e) A statement of the
steps the applicant has taken and will take, (with specific dates) to protect
employees against the hazard covered by the standard;
(f) A statement of when the applicant expects
to comply and what steps the applicant has taken or will take (with specific
dates) to come into compliance with the standard;
(g) A statement of the facts the applicant
would show to establish that:
1. The applicant
is unable to comply with the standard by its effective date because of
unavailability of professional or technical personnel, or of materials and
equipment required, necessary construction or alteration of facilities or
technology;
2. The applicant is
taking all available steps to safeguard his employees against the hazards
covered by the standard; and
3. The
applicant has an effective program for coming into compliance with the standard
as quickly as practicable; or
4.
The applicant is engaged in an experimental program as described in T.C.A.
§
50-3-602.
(h) Any request for a hearing as
provided in Rule 0800-1-2-.10;
(i)
A certification that the applicant has informed his affected employees of the
application by giving a copy of it to their authorized representative(s),
posting a statement summarizing 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; and
(j) A description of how affected employees
have been informed of the application and of their right to petition the
Commissioner for a hearing.
(3) Duration. The variance may be for a
period of no longer than required to achieve compliance or one (1) year,
whichever is shorter. In the case of employers undertaking experimental
programs in safety and health, longer variances may be granted.
