Section 25.05 - Compliance(1) In exercising the authority set forth in 454 CMR 25.00, the Department may take action and shall follow the procedures set forth in 454 CMR 29.00: Civil Administrative Penalties.(2) If the Department determines that an employer has violated a provision of 454 CMR 25.00, the Department shall, within 180 days of the completion of inspection processes conducted by the Department, issue to the employer a written Order to Correct, which shall include: (a) A description of the nature of each violation, including a reference to the provision of the section, standard, regulation, or order alleged to have been violated;(b) the corrective action(s) to abate the violations; and(c) an abatement date for each violation.(3) The Department shall provide written notification of any Order to Correct to the appropriate governing official, public administrator, agency head, and/or personnel director.(4) The Attorney General may bring a civil action for declaratory or injunctive relief to enforce any order of the Department or the Attorney General.(5) The Director shall have the authority to make reasonable rules, requirements, or orders necessary to prevent accidents and injuries to ensure the safe working environments consistent with 454 CMR 25.00. The Director shall make all rules, requirements, and orders publicly known to affected employees and employers. The Director shall post all rules, requirements, and orders to the Department's website.(6)Variances. The Director, on the record, after notice, an inspection when warranted, and an opportunity for a hearing may provide such reasonable limitations and may make such rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of 454 CMR 25.00 as found necessary and proper. Such action shall not be in effect for more than six months without notification to affected employees and an opportunity being afforded for a hearing. (a) Any affected employer may apply to the Director for a rule or order for a variance from a standard under 454 CMR 25.02. Affected employees shall be given notice by the employer of each such application and an opportunity to participate in a hearing. The Director shall issue such rule or order if it is determined on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment to the employees which are as safe and healthful as those which would prevail if the employer complied with the standard. The rule or order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which must be adopted and utilized to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees, or by the Director, in the manner prescribed for its issuance under 454 CMR 25.05(6)(a) at any time.(b) The Director shall make all variances known to affected employees and employers. The Director shall post all variances to the Department's website.Adopted by Mass Register Issue 1278, eff. 1/16/2015.Amended by Mass Register Issue 1389, eff. 4/19/2019.Amended by Mass Register Issue 1448, eff. 7/23/2021.