Maryland Labor and Employment Section 5.5-112

      (a)      The Commissioner shall allow variances in accordance with this section.

      (b)      Any affected railroad company may apply in writing to the Commissioner for an order for a variance from any regulation or health and safety standard adopted under this title.

      (c)      After a hearing, the Commissioner may grant a variance from the regulations and standards adopted under this title, if:

            (1)      that action is necessary to prevent undue operational or economic hardship; or

            (2)      (i)      existing conditions prevent practical compliance; and

                  (ii)      the Commissioner determines the reasonable safety of the public and employees of the railroad company can be assured.