(1) Any employer may apply to the Director of the Department of Consumer and Business Services, pursuant to regulations and procedures adopted by the director, for an order granting the employer a variance from a particular safety or health regulation, rule or standard.

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(2) The director may grant a temporary variance only if the employer demonstrates by a preponderance of the evidence that:

(a) The employer is unable to comply with a new regulation, rule or standard by its effective date;

(b) The employer has an effective program for complying with the law as quickly as practicable; and

(c) The employer is taking all available steps in the interim to safeguard the employees of the employer against the hazards covered by the regulation, rule or standard.

(3) The director may grant a permanent variance only if the employer demonstrates by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by the employer will provide employment and a place of employment which are as safe and healthful as those which would prevail if the employer complied with the regulation, rule or standard.

(4) Where the director proposes to deny a request for a variance, the employer shall be given an opportunity for a hearing before the Workers’ Compensation Board in which the employer may contest the proposed denial.

(5) Where the director proposes to grant a variance, the affected employees shall be given an opportunity for a hearing before the board in which they may contest the proposed variance.

(6) A request for a variance which is filed after an inspection or investigation by the director will not act to stay or dismiss any citation which may result from such inspection or investigation, and an order granting the requested variance shall have no retroactive effect.

(7) An order granting a variance may be modified or revoked by the director upon the director’s own motion or upon the application of the employer or an affected employee or representative of the employee, in the manner prescribed for its issuance at any time after six months from its issuance. [1973 c.833 § 13 (enacted in lieu of 654.055); 1977 c.804 § 37]

[Amended by 1973 c.833 § 8; renumbered 654.022]