Section 408.22222. Application for temporary variance.

An employer submitting an application for a  temporary variance shall include in the application, in addition to the information required in R 408.22221, the following.

(a)   A statement that the applicant is unable to comply with the standard, or portion thereof, and a detailed explanation of the reason why.

(b)   A statement of the steps the applicant has taken and shall take, with specific dates where appropriate, to protect employees against the hazard covered by the standard.

(c)  A statement indicating when the applicant shall comply with the standard, and what steps the applicant has taken and shall take,  with  specific  dates  where appropriate, to comply with the standard.

(d)   A statement of the facts establishing that the applicant is unable to comply with a standard by its effective date because of the unavailability of professional or technical   personnel,  because  of   the unavailability of materials   needed  to  come  into

compliance    with    the standard, or because necessary construction or    alteration    of facilities cannot be completed by the effective date.

History: 1979 AC.