Or. Admin. R. 437-001-0411

Current through Register Vol. 63, No. 6, June 1, 2024

Section 437-001-0411 - Hearings for Variance Applications

Affected employers or employees will be given the opportunity to request a hearing on an application.

(1) Request for hearings must be made in the following manner:

(a) The request must be made within 30 days of publication of the application;

(b) A request must be made to Oregon OSHA and must contain:

(A) A concise statement of facts showing how the employer or employee would be affected by the relief applied for;

(B) A statement opposing any or all portions of the application, and a concise summary of the evidence supporting each item opposed; and

(C) Any views or arguments on any issue of fact or law presented.

(2) A notice of hearing will be given to affected persons that contains:

(a) Time, place, and nature of hearing;

(b) Legal authority under which the hearing will be held; and

(c) The issues to be discussed.

(3) The hearing will be conducted in a manner that will allow all affected persons to submit information on the application.

(4) All information submitted will be evaluated at the hearing and a determination made on the merits of the application.

Or. Admin. R. 437-001-0411

WCD 67-1982, f. 6-28-82, ef. 8-1-82; APD 7-1988, f. 6-17-88, ef. 7-1-74; OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12; OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)

Statutes/Other Implemented: ORS 654.001-654.295