Sec. 45. Temporary variance.

509 words·~2 min read·/il/chapter-820/act-219/45

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A public employer may apply to the Director for a temporary variance from an occupational safety and health standard promulgated under this Act. The Director shall issue a temporary variance only if the employer first files with the Director an application which meets the requirements of this Section.

(b)An application for a temporary variance under this Section shall contain all of the following:

(1)A specification of the standard or portion thereof from which the employer seeks a

variance.

(2)A representation by the employer, supported by representations from qualified

persons having first-hand knowledge of the facts represented, that the employer is unable to comply with the standard or portion thereof, and a detailed statement of the reasons therefor.

(3)A statement of the steps the employer has taken and will take to protect employees

against a hazard covered by the standard, including specific dates on which or by which the employer has taken or will take those steps.

(4)A statement specifying the date by which the employer expects to be able to

comply with the standard.

(5)A certification that the employer has informed its employees of the application by

giving a copy of the application to the employees' authorized representative, by posting a statement at the place or places where notices to employees are normally posted that summarizes the application and specifies where a copy may be examined, and by other appropriate means as determined by the employer. The information provided to employees shall also inform them of their right to petition the Director for a hearing on the application.

(c)An application for a temporary variance under this Section shall establish all of the following:

(1)The employer is unable to comply with a standard by its effective date because

professional or technical personnel or materials and equipment needed to comply with the standard are unavailable or because necessary construction or alteration of facilities cannot be completed by the effective date of the standard.

(2)The employer is taking all available steps to safeguard its employees against the

hazards covered by the standard.

(3)The employer has an effective program for complying with the standard as quickly

as practicable.

(d)The Director may issue a temporary variance only after the Department provides notice to the employer's employees and an opportunity for a hearing. However, in a case involving only documentary evidence in support of the application for a temporary variance and in which no objection is made or hearing requested by the employees or their representative, the Director may issue a temporary variance in accordance with this Act without a hearing.

(e)If a hearing is requested on an application for a temporary variance, the application shall be heard and determined by the Director.

(f)A temporary variance issued under this Section shall prescribe the practices, means, methods, operations, and processes which the employer must adopt and use while the temporary variance is in effect and shall state in detail the employer's program for achieving compliance with the standard.