Mich. Admin. Code R. 408.22221 - General application requirements

Rule 1221.

(1) An employer desiring a temporary or permanent variance from a standard, or a portion of a standard, shall file a written application containing the information prescribed in this rule and R 408.22222 or R 408.22223 with the appropriate division of the Department of Consumer and Industry Services, Bureau of Safety and Regulation, State Secondary Complex, 7150 Harris Drive, Box 30643, Lansing, Michigan 48909.

(2) An application for a variance shall include all of the following information.

(a) The name and address of the firm, and the name and title of the person filing the application.

(b) The address of the place of employment involved.

(c) A specification of the standard, or portion of the standard, from which the application seeks a variance.

(d) A request for a hearing, as provided in these rules.

(e) A statement that the applicant has informed affected employees of the application, at the time the application for a variance was filed, by giving a copy of the application to the affected employees' authorized representative, if any, and by posting a copy of the application or a statement containing a summary of the application. A summary of the application shall specify where a copy of the application may be examined. Posting shall be at the area in which the affected employees work.

(f) A description of how affected employees have been informed of the variance application, and of their right to petition the director for a hearing.

(3) The department may issue an interim order subject to the following conditions.

(a) An application for an interim order may be made to be effective until a decision is rendered on the application for the variance. An application for an interim order shall include a statement of facts and reasons as to why the applicant believes that the requested order should be granted. The department may rule ex parte upon the application for an interim order.

(b) The department may grant an interim order on its own motion.

(c) If an application for an interim order filed pursuant to subdivision (a) of this subrule is denied, then the applicant shall be given prompt written notice of the denial. This notice shall include a statement of the grounds for denial.

(d) If an interim order is granted, then the department shall serve a copy of the order upon the applicant and other parties. The terms of the interim order may specify necessary or appropriate conditions. The order shall provide that the applicant shall give notice of the granting of the order and its terms to affected employees by the same means used to inform them of an application for a variance.

(4) Where the application for a variance concerns a state standard or a portion of a state standard, identical in requirements and substance to a federal standard, the applicant shall do all of the following.

(a) Identify the identical federal standard.

(b) Certify whether the applicant has filed for a variance, on the same facts, with the assistant secretary for occupational safety and health, U.S. department of labor.

(c) Certify whether citations for violations of the identical federal standard, or portion of the federal standard, have been issued to the applicant by the federal government. If a citation has been issued, then identification shall be included.

(5) Variances granted by the U.S. department of labor to multistate employers pursuant to 29 CFR 1905.13(c) (1975) shall be deemed as an authoritative interpretation of the employers' compliance obligation with the state standard.

Notes

Mich. Admin. Code R. 408.22221

1979 AC; 2000 AACS