Or. Admin. R. 437-001-0420

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

Section 437-001-0420 - Decision on Variance Request

(1) If a variance is granted, an order of variance will be issued. The order will include:

(a) The name of the employer to whom the variance is granted;

(b) The place of employment where the variance is applicable;

(c) The type of variance granted;

(d) The specific rule to which the variance applies;

(e) The alternative methods or safeguards to be used by the employer while the variance is in effect;

(f) Notice that the employer may be cited for any violation of the conditions established by the variance;

(g) Information of employees' right to appeal the variance decision; and

(h) Information that if no appeal is filed within 30 days of receipt of the order, the variance approval becomes final and subject to review only as specified in OAR 437-001-0430.

(2) If a variance is denied, a notice of denial will be issued. The notice will include:

(a) The reasons for the denial;

(b) Employer and employee appeal rights;

(c) Information that if no appeal is filed within 30 days of receipt of the notice, the variance denial becomes a final decision without affecting the employer's right to submit another application; and

(d) Information advising the employer that a compliance inspection may be made within 30 days.

(3) A copy of any variance order or denial must be posted for 20 days.

(4) A variance that has been denied, or that has expired, may be followed by a compliance inspection within 30 days.

Or. Admin. R. 437-001-0420

WCB 19-1974, f. 6-5-74, ef. 7-1-74; WCB 8-1975, f. 8-5-75, ef. 9-1-75; WCD 5-1978, f. 6-22-78, ef. 8-15-78; WCD 4-1981, f. 5-22-81, ef. 7-1-81; APD 7-1988, f. 6-17-88, ef. 7-1-74; OSHA 10-2009, f. & cert. ef. 10-5-09; OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12

Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001 - 654.326, 654.412 - 654.423 & 654.991