S.C. Code Regs. § § 71-206

Current through Register Vol. 48, 12, December 27, 2024

Section 71-206 - Temporary Variances

A. Petition for Temporary Variance. Any employer, or class of employers, desiring a variance from a standard, or portion thereof may file a written petition containing the information specified in paragraph B of this regulation with the Commissioner, Columbia, South Carolina.

B. Contents for Temporary Variance. A petition filed pursuant to paragraph A of this regulation shall include:

(1) The name and address of the petitioner;

(2) the address of the place or places of employment involved;

(3) a specification of the standard or portion thereof from which the petitioner seeks a variance;

(4) a representation by the petitioner, supported by representations from qualified persons having first-hand knowledge of the facts represented, that he is unable to comply with the standards or portion thereof by its effective date and detailed statement of the reasons thereof;

(5) a statement of the steps the petitioner has taken or will take with specific dates where appropriate, to protect employees against the hazard covered by the standard;

(6) a statement of when the petitioner expects to be able to comply with the standards and of what steps he has taken and will take, with specific dates where appropriate, to come into compliance with the standard;

(7) a statement of the facts the petitioner proposes to prove:

(a) The petitioner is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alternation of facilities cannot be completed by the effective date;

(b) He is taking all available steps to safeguard his employees against the hazards covered by the standard;

(c) He has an effective program for coming into compliance with the standard as quickly as practicable;

(8) Any request for a hearing, as provided in this subarticle;

(9) A statement that the petitioner has informed his affected employees of the application by giving a copy thereof to their authorized representative, 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, and by other appropriate means;

(10) A description of how affected employees have been informed of the petition and of their rights to petition the Commissioner for a hearing.

C. Interim Order for Temporary Variances.

(1) Petition. A petition may also be made for an interim order to be effective until a decision is rendered on the petition for the variance filed previously or concurrently. A petition 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 petition for interim order.

(2) Notice of Denial of Petition. If a petition filed pursuant to subparagraph (1) of this regulation is denied, the applicant shall be given prompt notice of the denial, which shall include, or be accompanied by; a brief statement of the 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 petitioner for the order and other parties and the terms of the order shall be on file in the office of the Commissioner. 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 a petition for a variance.

D. Length of Temporary Variances. No temporary variance may be in effect for longer than the period needed by the employer to achieve compliance with the Rule or Regulation or for one year, which ever is shorter, except that such order may be renewed not more than twice (1) so long as the requirements of this paragraph are met and (2) if an application for renewal is filed at least ninety days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than 180 days.

S.C. Code Regs. § 71-206