Previous

8 AAC 61.320. Form of documents

(a) No particular form is prescribed for applications and other papers which may be required by secs. 330 - 350 of this chapter.

(b) Each application or other paper filed in proceedings under secs. 330 - 350 of this chapter must be subscribed by the person filing same or by his attorney or other authorized representative.

History: Eff. 1/10/75, Register 53; am 1/26/78, Register 65

Authority: AS 18.60.020

8 AAC 61.330. Temporary variances

(a) An employer desiring a temporary variance from a safety or health standard adopted pursuant to AS 18.60.010 - 18.60.105 may file a written application with the commissioner requesting a temporary variance.

(b) An application filed pursuant to (a) of this section must include

(1) the name and address of the applicant;

(2) the name and address of the place of employment involved;

(3) specification of the standard or portion thereof from which the applicant seeks a temporary variance, with an explanation and description of the variance;

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

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

(6) a statement of when the applicant expects to be able to comply with the standard 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 facts which shows that

(A) the applicant 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 alteration 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; and

(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 by sec. 370 of this chapter; and

(9) a certified statement that the applicant has informed his employees of the application; the statement must contain the following:

(A) if the employees have an authorized representative, that a copy of the application, a written statement of the employees' right to a hearing, and any other supporting documents were furnished to the representative; and

(B) that a summary of the application was posted at or near the condition or practice that would be affected by the variance and at the place or places where notices to employees are customarily posted; the summary shall specify where a copy of the application may be obtained and contain a statement of the employee's right to a hearing on the application.

(c) An application for a temporary variance may contain a request for an interim order ex parte.

(1) If a request for an interim order is denied, the applicant will be given prompt notice of the denial. The notice of denial will contain a brief statement of the reasons therefor.

(2) If an interim order is granted, a copy of the order will be served upon the applicant for the order. It will be a condition of the order that the affected employer must give notice thereof to affected employees by the same means to be used to inform them of an application for a variance. The interim order will be effective until a decision is rendered on the application for a temporary variance.

History: Eff. 1/10/75, Register 53

Authority: AS 18.60.020

AS 18.60.081

8 AAC 61.340. Permanent variances

(a) An employer desiring a permanent variance from a safety or health standard, or portion thereof, adopted pursuant to AS 18.60.010 - 18.60.105 may file a written application with the commissioner requesting a permanent variance.

(b) An application filed pursuant to (a) of this section must include

(1) the name and address of the applicant;

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

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

(4) a description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the applicant;

(5) a statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide employment and places of employment for employees which are as safe and as healthful as those required by the standard from which a variance is sought;

(6) any request for a hearing, as provided by sec. 370 of this chapter; and

(7) a certified statement that the applicant has informed his employees of the application. The statement must contain the following:

(A) if the employees have an authorized representative, that a copy of the application, a written statement of the employees' right to a hearing, and any other supporting documents were furnished to the representative; and

(B) that a summary of the application was posted at or near the condition or practice that would be affected by the variance and at the place or places where notices to employees are customarily posted. The summary must specify where a copy of the application may be obtained and contain a statement of the employees' right to a hearing on the application.

(c) An application for a permanent variance may contain a request for an interim order ex parte.

(1) If a request for an interim order is denied, the applicant will be given prompt notice of the denial. The notice of denial will contain a brief statement of the reasons therefor.

(2) If an interim order is granted, a copy of the order will be served upon the applicant for the order. It will be a condition of the order that the affected employer must give notice thereof to affected employees by the same means to be used to inform them of an application for a variance. The interim order will be effective until a decision is rendered on the application for a permanent variance.

History: Eff. 1/10/75, Register 53

Authority: AS 18.60.020

AS 18.60.081

8 AAC 61.350. Modification or revocation of a permanent variance

(a) An employer, employee, or the employees' authorized representative may apply in writing to the commissioner for modification or revocation of a permanent variance issued pursuant to AS 18.60.077 . An application will not be considered unless the variance has been in effect for six or more months.

(b) The application must contain

(1) the name and address of the applicant and specify if applicant is an employer, employee, or authorized representative of the employees;

(2) a description of the relief which is sought;

(3) a statement setting forth with particularity the grounds for relief;

(4) if the applicant is an employer, a certification that the applicant has informed affected employees of the application by

(A) giving a copy thereof to their authorized representative, if any;

(B) posting at the place or places where notices to employees are normally posted a statement giving a summary of the application and specifying where a copy of the full application may be examined (or, in lieu of the summary, posting the application itself); and

(C) other appropriate means;

(5) if the applicant is an employer, a certification that the applicant has informed affected employees, and their authorized representative, if any, of their right to request a hearing on the application;

(6) if the applicant is an affected employee, a certification that a copy of the application has been furnished to the employer; and

(7) any request for a hearing, as provided in 8 AAC 61.370.

(c) The commissioner may on the commissioner's own motion propose to modify or revoke a permanent variance issued under AS 18.60.077 . In this event, the commissioner will publish in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance is implemented a notice explaining the department's intention. The notice will grant interested persons the opportunity to submit written data, views, or arguments regarding the proposal and inform the affected employer, employees, and the authorized representative of the employees of their right to request within a stated time limit a hearing. The commissioner may take other action as appropriate to give actual notice to the affected employer and employees. A request for a hearing must include a short and plain statement of

(1) how the proposed modification or revocation would affect the requesting party; and

(2) what the requesting party would seek to show on the subjects or issues involved.

History: Eff. 1/10/75, Register 53; am 7/28/2013, Register 207

Authority: AS 18.60.020

AS 18.60.077

8 AAC 61.360. Action on applications

(a) If an application filed under 8 AAC 61.330 - 8 AAC 61.350 does not substantially conform to the requirements of the applicable section, the commissioner may deny the application. If the application is denied, the commissioner will give prompt notice of the denial with reasons for it to the applicant.

(b) If an employer is contesting a citation, proposed penalty, or period of abatement, the commissioner may refuse to entertain the employer's application for a variance until a final order on the contest is issued by the board.

(c) If an application has been determined to conform substantially to the requirements in 8 AAC 61.330 - 8 AAC 61.350, the commissioner will cause a notice to be published in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance would apply. The notice will include

(1) the terms, or an accurate summary, of the application;

(2) the legal authority under which the application has been filed;

(3) a statement that interested persons may submit, within a designated period of time, written data, views, or arguments regarding the application; and

(4) a statement that affected employers or employees have a right to request, within a designated period of time, a hearing on the application.

(d) A summary of every final action granting, modifying or revoking a temporary or permanent variance will be published in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance will be implemented. The public notice will include a statement of the reasons for the action and will tell how a copy of the full text of the action may be obtained.

(e) When the commissioner grants, revokes, or modifies a permanent variance, the department will also furnish the board the notice under (d) of this section.

History: Eff. 1/10/75, Register 53; am 1/26/78, Register 65; am 7/28/2013, Register 207

Authority: AS 18.60.020

AS 18.60.077

AS 18.60.081

Next