Section 210. Permanent variances

A. Applications filed with the commissioner for a permanent variance from a standard or regulation shall be subject to the requirements of 16VAC25-60-190 and the following additional requirements.

B. A letter of application for a permanent variance shall be submitted in writing by an employer or group of employers and shall 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 thereof for which a permanent variance is sought; and

4. A description of the conditions, practices, means, methods, operations, or processes used and evidence that these would provide employment and a place of employment as safe and healthful as would be provided by the standard from which a variance is sought.

C. A permanent variance may be modified or revoked upon application by an employer, employees, or by the commissioner in the manner prescribed for its issuance at any time except that the burden shall be upon the party seeking the change to show altered circumstances justifying a modification or revocation.

Historical Notes

Derived from VR425-02-95 § 4.3, eff. July 1, 1994.

Statutory Authority

§ 40.1-22(5) of the Code of Virginia.