(a) In cases involving a work place, the Secretary of Human Services, in the case of health standards, and the Commissioner, in the case of safety standards, may grant a variance from a standard or any provision thereof promulgated in a rule, under the same terms, conditions, and criteria as the federal Secretary of Labor may under sections 6(b)(6) and (d) of the Act.

(b) The Secretary of Human Services, in the case of health standards, and the Commissioner, in the case of safety standards, may grant a variance, tolerance, or exemption to and from any or all provisions of the VOSHA Code as found necessary and proper to avoid serious impairment of the national defense. Such action shall not be taken without the written consent of a federal official authorized to make such variation, tolerance or exemption to and from any or all provisions of the Act. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 8.)