Section 31-372-11 - Variances and other relief under section 31-372 (g)(a)Application for variance. Any owner, employer or class of employers desiring a variance authorized by Section 31-372(g) of the Act may file a written application containing the following information with the Commissioner of Labor.(b)Contents.(1) The name and address of the applicant;(2) The address of the place or places of employment involved;(3) A description of the conditions, practices, means, methods, operations or processes used or proposed to be used by the applicant;(4) A statement showing how the conditions, practices, means, methods, operations or processes used or proposed to be used would provide employment and places of employment to employees which are as safe and healthful as those required by the standard from which a variance is sought;(5) A certification that the applicant has informed his employees of the application by (i) giving a copy thereof to their authorized representative; (ii) posting a statement giving a summary of the application specifying where a copy may be examined, at the place or places where notices to employees are normally posted (or in lieu of such summary, the posting of the application itself); and (iii) by other appropriate means.(6) Any request for a hearing as provided in this part; and(7) A description of how employees have been informed of the application and of their right to petition the Commissioner for a hearing.(c)Interim order.(1) Application. An application may also 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 an application filed for an interim order for a variance, as described in the preceding paragraph, is denied, the applicant shall be given prompt notice of the denial which shall include, or be accompanied by, a brief statement of grounds therefor.(3) Notice of the grant of an interim order. If an interim order is granted, a copy of the order shall be served upon the applicant for the order and other parties, and the terms 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 by the same means to be used to inform them of an application for a variance.Conn. Agencies Regs. § 31-372-11
Effective September 11, 1974