(3) The department may issue an interim order subject to the following conditions.
(a) An application for an interim order may be made to be effective until a decision
is rendered on the application for the variance. An application for an interim order shall
include a statement of facts and reasons as to why the applicant believes that the
requested order should be granted. The department may rule ex parte upon the
application for an interim order.
(b) The department may grant an interim order on its own motion.
(c) If an application for an interim order filed pursuant to subdivision (a) of this
subrule is denied, then the applicant shall be given prompt written notice of the denial.
This notice shall include a statement of the grounds for denial.
(d) If an interim order is granted, then the department shall serve a copy of the order
upon the applicant and other parties. The terms of the interim order may specify
necessary or appropriate conditions. The order shall provide that the applicant shall give
notice of the granting of the order and its terms to affected employees by the same means
used to inform them of an application for a variance.
(4) Where the application for a variance concerns a state standard or a portion of a
state standard, identical in requirements and substance to a federal standard, the
applicant shall do all of the following.
(a) Identify the identical federal standard.
(b) Certify whether the applicant has filed for a variance, on the same facts, with the
assistant secretary for occupational safety and health, U.S. department of labor.
(c) Certify whether citations for violations of the identical federal standard, or
portion of the federal standard, have been issued to the applicant by the federal
government. If a citation has been issued, then identification shall be included.
(5) Variances granted by the U.S. department of labor to multistate employers
pursuant to 29 CFR 1905.13(c) (1975) shall be deemed as an authoritative interpretation
of the employers' compliance obligation with the state standard.
History: 1979 AC; 2000 AACS.
R 408.22222 Application for temporary variance.
Rule 1222. An employer submitting an application for a temporary variance
shall include in the application, in addition to the information required in R 408.22221,
(a) A statement that the applicant is unable to comply with the standard, or
portion thereof, and a detailed explanation of the reason why.
(b) A statement of the steps the applicant has taken and shall take, with specific
dates where appropriate, to protect employees against the hazard covered by the
(c) A statement indicating when the applicant shall comply with the standard, and
what steps the applicant has taken and shall take, with specific dates where
appropriate, to comply with the standard.
(d) A statement of the facts establishing that the applicant is unable to comply
with a standard by its effective date because of the unavailability of professional or
technical personnel, because of the unavailability of materials needed to come into