Section 8.61.340. Permanent variances.

	(a)  An employer desiring a permanent variance from a safety or health standard, or portion thereof, adopted pursuant to AS 18.60.010 - 18.60.105 may file a written application with the commissioner requesting a permanent variance.  
	(b)  An application filed pursuant to (a) of this section must include  
		(1) the name and address of the applicant;  
		(2) the name and address of the place or places of employment involved;  
		(3) specification of the standard or portion thereof from which the applicant seeks a variance;  
		(4) a description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the applicant;  
		(5) 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 for employees which are as safe and as healthful as those required by the standard from which a variance is sought;  
		(6) any request for a hearing, as provided by sec. 370 of this chapter; and  
		(7) a certified statement that the applicant has informed his employees of the application. The statement must contain the following:  
			(A) if the employees have an authorized representative, that a copy of the application, a written statement of the employees' right to a hearing, and any other supporting documents were furnished to the representative; and  
			(B) that a summary of the application was posted at or near the condition or practice that would be affected by the variance and at the place or places where notices to employees are customarily posted. The summary must specify where a copy of the application may be obtained and contain a statement of the employees' right to a hearing on the application.  
	(c)  An application for a permanent variance may contain a request for an interim order ex parte.  
		(1) If a request for an interim order is denied, the applicant will be given prompt notice of the denial. The notice of denial will contain a brief statement of the reasons therefor.  
		(2) If an interim order is granted, a copy of the order will be served upon the applicant for the order. It will be a condition of the order that the affected employer must give notice thereof to affected employees by the same means to be used to inform them of an application for a variance. The interim order will be effective until a decision is rendered on the application for a permanent variance.  

Authorities

18.60.020;18.60.081

Notes

Authority

AS 18.60.020 AS 18.60.081

History

Eff. 1/10/75, Register 53