Any affected employer may apply to the Director for a rule or order for a variance from a standard promulgated under this section.

(a) Affected employees shall be given notice of each such application and an opportunity to participate in a hearing.

(b) The Director shall issue such rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employ- ment to his employees which are as safe and healthful as those which would prevail if he complied with the standard.

(c) The rule or order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he must adopt and utilize to the extent they differ from the standard in question.

(d) Such rule or order may be modified or revoked upon application by an employer, employees, or by the Director on his own motion, in the manner prescribed by this subsection at any time after six (6) months from its issuance.

SOURCE: GC § 48208.

2018 NOTE: Subsection designations added pursuant to the authority of 1
GCA § 1606.