Section 200. Temporary variances

A. The commissioner shall give consideration to an application for a temporary variance from a standard or regulation only if the employer or group of employers is unable to comply with that standard or regulation by its effective date for good cause and files an application which meets the requirements set forth in this section. No temporary variance shall be granted for longer than the time needed to come into compliance with the standard or one year, whichever is shorter.

B. A letter of application for a temporary variance shall be in writing and contain the following information:

1. Name and address of the applicant;

2. Address of the place or places of employment involved;

3. Identification of the standard or part of it from which a temporary variance is sought; and

4. Evidence to establish that:

a. The applicant is unable to comply with a standard by its effective date because professional or technical personnel or materials and equipment needed to come into compliance with the standard are unavailable, or because necessary construction or alteration of facilities cannot be completed by the effective date;

b. The applicant is taking effective steps to safeguard his employees against the hazards covered by the standard; and

c. The applicant has an effective program for coming into compliance with the standard as quickly as practicable.

C. A temporary variance may be renewed if the application for renewal is filed at least 90 days prior to the expiration date and if the requirements of subsection A of this section are met. A temporary variance may not be renewed more than twice.

Historical Notes

Derived from VR425-02-95 § 4.2, eff. July 1, 1994.

Statutory Authority

§ 40.1-22(5) of the Code of Virginia.