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2018 Maryland Code
Labor and Employment
Title 5.5. Railroad Safety and Health
§ 5.5-112. Variances
Universal Citation: MD Lab & Emp Code § 5.5-112 (2018)
(a) In general. -- The Commissioner shall allow variances in accordance with this section.
(b) Application for a variance. -- 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) Hearing and determination. -- 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.
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