Temporary Variances — Applications

  1. Law
  2. Tennessee Code
  3. Employer and Employee
  4. Occupational Safety and Health Act of 1972
  5. Variances
  6. Temporary Variances — Applications

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An application for a temporary variance shall contain:

  1. A specification of the standard or portion of the standard from which the employer seeks a variance;
  2. A detailed statement of the reasons why the employer is unable to comply with the standard, supported by representations by qualified personnel having firsthand knowledge of the facts represented;
  3. A statement of the steps the employer has taken and will take with specified dates, to protect employees against the hazard covered by the standard;
  4. A statement of when the employer expects to comply and what steps the employer has taken or will take with specified dates to come into compliance with the standard; and
  5. A certification that the employer has informed the employer's employees of the application by giving a copy of it to their authorized representatives, posting a statement summarizing the application, to include the location of a copy available for examination, at the places where employee notices are normally posted and by other appropriate means. The certification shall contain a description of the means actually employed to inform employees and that employees have been informed of their right to petition the commissioner for a hearing.


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