Sec.31-372-10. Variances, and other relief under section 31-372 (a) and (e)

(a) Application for variances. Any owner, employer, or class of employers desiring a variance from a standard or a portion thereof authorized by Section 31-372 of the Connecticut Occupational Safety and Health Act may file a written application containing the information specified in paragraph (b) of this section with the Commissioner.

(b) Contents. An application filed pursuant to paragraph (a) of this section shall include:

(1) The name and address of the applicant;

(2) The address of the place or places of employment involved;

(3) A specification of the standard or portion thereof from which the applicant seeks a variance;

(4) A representation by the applicant, supported by representations from qualified persons having first-hand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof by its effective date and a detailed statement of the reasons therefor;

(5) A statement of the steps the applicant has taken and will take, with specific date where appropriate to protect employees against the hazard covered by the standard;

(6) A statement of when the applicant expects to comply with the standard and what steps he has taken and will take with specific dates where appropriate, to come into compliance with the standard;

(7) A statement of facts the applicant would show to establish that, (i) the applicant is unable to comply with a standard by its effective date because of the unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date; (ii) he is taking all available steps to safeguard his employees against the hazards covered by this standard; and (iii) he has an effective program for coming into compliance with the standard as soon as possible;

(8) Any request for a hearing as provided in this regulation;

(9) A statement that the applicant has informed his affected employees of the application by giving a copy thereof to their authorized representative, posting a statement, giving a summary of the application and specifying where a copy may be examined, at the place or places where notices to employees are normally posted, and by other appropriate means; and

(10) A description of how the affected employees have been informed of the application and of their right to petition the Commissioner for a hearing.

(c) Application for interim order.

(1) An application may be made for an interim order to be effective until a decision is rendered on the application for the variance filed previously or concurrently. An application for an interim order may include statements of fact and arguments as to why the order should be granted. The Commissioner may rule ex parte upon the application.

(2) Notice of denial of application. If the application for an interim order is denied by the Commissioner the applicant shall be advised in writing of the grounds for this denial.

(3) Notice of approval of interim order. If an interim order is granted, the applicant and other interested parties will be served a copy of the order and the contents of the order shall be published in the Connecticut Law Journal. It shall be a condition of the order that the affected employer shall give notice thereof to affected employees in the same manner as he is required to do in case of application for variance.

(Effective September 11, 1974)