2007 California Labor Code Chapter 5. Temporary Variances

CA Codes (lab:6450-6457)

6450.  (a) Any employer may apply to the division for a temporary
order granting a variance from an occupational safety or health
standard.  Such temporary order shall be granted only if the employer
files an application which meets the requirements of Section 6451,
and establishes that (1) he is unable to comply with a standard by
its effective date because of 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,
(2) he is taking all available steps to safeguard his employees
against the hazards covered by the standard, and (3) he has an
effective program for coming into compliance with the standard as
quickly as practicable.
   (b) Any temporary order issued under this section shall prescribe
the practices, means, methods, operations, and processes which the
employer must adopt and use while the order is in effect and state in
detail his program for coming into compliance with the standard.
Such a temporary order may be granted only after notice to employees
and an opportunity for a hearing.  However, the division may issue
one interim order for a temporary variance upon submission of an
application showing that the employment or place of employment will
be safe for employees pending a hearing on the application for a
temporary variance.  No temporary order may be in effect for longer
than the period needed by the employer to achieve compliance with the
standard or one year, whichever is shorter, except that such an
order may be renewed not more than twice provided that the
requirements of this section are met and an application for renewal
is filed prior to the expiration date of the order.  No single
renewal of an order may remain in effect for longer than 180 days.



6451.  An application for a temporary order under Section 6450 shall
contain all of the following:
   (a) A specification of the standard or portion thereof from which
the employer seeks a variance.
   (b) A representation by the employer, supported by representations
from qualified persons having firsthand knowledge of the facts
represented, that he is unable to comply with the standard or portion
thereof and a detailed statement of the reasons therefor.
   (c) A statement of the steps he has taken and will take, with
specific dates, to protect employees against the hazard covered by
the standard.
   (d) A statement of when he expects to be able to comply with the
standard and what steps he has taken and what steps he will take,
with dates specified, to come into compliance with the standard.
   (e) A certification that he has informed his 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.  A description of how employees have been
informed shall be contained in the certification.  The information to
employees shall also inform them of their right to petition the
division for a hearing.


6452.  The division is authorized to grant a temporary variance from
any standard or portion thereof whenever it determines such variance
is necessary to permit an employer to participate in an experiment
approved by the director designed to demonstrate or validate new and
improved techniques to safeguard the health or safety of workers.




6454.  The division may, in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, make such rules and regulations as are reasonably
necessary to carry out the provisions of this chapter and to
establish rules and regulations relating to the granting or denial of
temporary variances.



6455.  Any employer or other person adversely affected by the
granting or denial of a temporary variance may appeal to the
standards board within 15 working days from receipt of the notice
granting or denying the variance.  The 15-day period may be extended
by the standards board for good cause.



6456.  A decision of the standards board on a variance appeal is
binding on the director and the division with respect to the parties
involved in the particular appeal.  The director shall have the right
to seek judicial review of a standards board decision irrespective
of whether he appeared or participated in the appeal to the standards
board.



6457.  The standards board shall conduct hearings and render
decisions on appeals of decisions of the division relating to
allowance or denial of temporary variances.  All board decisions on
such variance appeals shall be in writing and shall be final except
for any rehearing or judicial review.