Iowa Admin. Code r. 875-5.9

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 875-5.9 - Special variance

(1)Application for variance. Any employer, or class of employers, desiring a special variance authorized by Iowa Code section 88.5(7) may file a written application containing the information specified in 5.9(2) with the labor commissioner.

(2)Contents. An application filed pursuant to 5.9(1) shall include:

a. The name and address of the applicant;

b. The address of the place or places of employment involved;

c. The name of the federal agency and a designation of the standard, rule, or regulation allegedly in conflict with a standard, rule or regulation of the division of labor services;

d. A designation of the standard, rule or regulation of the division of labor services allegedly in conflict;

e. A description of the conditions, means, methods, operations, and procedures used and a specific detailed statement as to how and where the conflict exists between federal agency or agencies and the division of labor services;

f. A description of the conditions, practices, means, methods, operations or processes used or proposed to be used by the applicant;

g. A statement showing how the conditions, practices, means, methods, operations or processes used or proposed to be used would take into consideration the safety and health of the employees involved;

h. A certification that the applicant has informed employees affected of the application by (1) giving a copy thereof to their authorized representative; (2) 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 (or in lieu of such summary, the posting of the application itself); and (3) by other appropriate means where necessary;

i. Any request for a hearing, as provided in this chapter;

j. A description of how employees have been informed of the application and of their right to petition the labor commissioner for a hearing; and

k. The signature of the applicant or the applicant's authorized representative.

(3)Interim order. Procedures for applications and for notifications of a denial or grant of interim orders shall be in the same manner as provided for in 5.7(3).

This rule is intended to implement Iowa Code section 88.7.

Iowa Admin. Code r. 875-5.9

Amended by IAB May 19, 2021/Volume XLIII, Number 24, effective 6/26/2021