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;
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Terms Used In Tennessee Code 50-3-604

  • Employer: means a person engaged in a business who has one (1) or more employees and includes county, metropolitan and municipal governments. See Tennessee Code 50-3-103
  • Standard: means an occupational safety and health standard promulgated by the commissioner that requires conditions or the adoption or the use of one (1) or more practices, means, methods, operations or processes reasonably necessary or appropriate to provide safe and healthful employment and places of employment. See Tennessee Code 50-3-103
(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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