Sec. 19.1. Temporary Variances. Any employer may apply to the commission for a temporary order granting a variance from a standard or any provision thereof promulgated under this chapter. Such temporary order shall be granted only if the employer establishes that he 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; that he is taking all available steps to safeguard his employees against the hazards covered by the standard; and that he has an effective program for coming into compliance with a standard as quickly as practicable. Any temporary order issued under this section shall prescribe the practices, means, methods, operations and processes which the employer must adopt and use while the order is in effect and state in detail his program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing. Said notice shall be given to the authorized representative of the employees and be posted at or near the location for which the variance is sought. No order for a temporary variance may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one (1) year, whichever is shorter, except that such an order may be renewed not more than twice, so long as the requirements of this paragraph are met and if an application for renewal is filed at least ninety (90) days prior to the expiration date of the order.
Formerly: Acts 1973, P.L.241, SEC.15.
Structure Indiana Code
Article 8. Occupational Health and Safety
Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)
22-8-1.1-3.1. Compliance With Standards by Employer; Informing Employees
22-8-1.1-5. Safety Processes; Interference With Use; Obedience to Orders
22-8-1.1-6.5. Religious Objections to Treatment
22-8-1.1-7. Occupational Safety Standards Commission
22-8-1.1-8. Commission; Membership
22-8-1.1-10. Commission; Organization
22-8-1.1-11. Commission; Quorum
22-8-1.1-12. Commission; per Diem; Travel Expenses
22-8-1.1-13. Commission; Meetings
22-8-1.1-15. Standards; Incorporation by Reference
22-8-1.1-15.1. Other Standards
22-8-1.1-16.1. Emergency Temporary Standards
22-8-1.1-16.2. Enforcement of Standards; Alternate Standards; Statement of Enforceable Standards
22-8-1.1-17.1. Criteria for Standards
22-8-1.1-17.5. Enforcement; Federal Standards; Conformity
22-8-1.1-17.7. Voluntary Protection Program Implementation
22-8-1.1-19. Standards; Declaratory Judgment
22-8-1.1-19.1. Temporary Variances
22-8-1.1-20.1. Permanent Variances; Application; Notice; Rule or Order; Modification or Revocation
22-8-1.1-21.1. Administrative Services
22-8-1.1-22.1. Commissioner to Administer; Other Agencies
22-8-1.1-23.1. Right of Entry; Exempt Employers; Exceptions
22-8-1.1-24.1. Employee Requests for Inspection
22-8-1.1-24.3. Inspection by Representatives
22-8-1.1-24.5. Written Statement to Employer Following Inspection; Contents
22-8-1.1-24.7. Contents of Safety Audit Inadmissible
22-8-1.1-25.1. Violations; Safety Order; Service; Limitation
22-8-1.1-25.2. Posting of Safety Order
22-8-1.1-26.1. Failure to Abate
22-8-1.1-27.1. Civil Penalties
22-8-1.1-27.2. Affirmative Defenses
22-8-1.1-28.1. Contest of Safety Orders; Petition for Review
22-8-1.1-28.2. Employee or Representative Petition for Review
22-8-1.1-28.3. Affirmation, Amendment, or Dismissal of Safety Order or Penalty; Petition for Review
22-8-1.1-28.4. Informal Review
22-8-1.1-28.5. Referral of Disputes
22-8-1.1-30.1. Board of Safety Review
22-8-1.1-31. Board; Membership
22-8-1.1-35. Board; per Diem and Expenses
22-8-1.1-35.1. Inspection of Premises; Selection and Compensation of Administrative Law Judge
22-8-1.1-35.2. Administrative Services
22-8-1.1-35.3. Hearing; Notice; Intervention
22-8-1.1-35.4. Hearing Procedure
22-8-1.1-35.5. Judicial Review
22-8-1.1-35.6. Enforcement of Safety Orders; Penalty Assessment; Failure to Comply
22-8-1.1-35.7. Collection of Penalty Assessments; Judgment Liens
22-8-1.1-37.1. False Statements, Representations, or Certifications
22-8-1.1-40. Insafe; Program of Occupational Health and Safety Education and Training
22-8-1.1-43. Insafe; Employer Annual Report
22-8-1.1-43.1. Employer Records and Reports; Death and Disaster Reporting
22-8-1.1-45. Safety and Health Consultation Service for Employers; Tax Levy
22-8-1.1-46. Tax; Worker's Compensation Insurance Carriers and Self-Insured Employers
22-8-1.1-47. Tax; Amount; Loss for Purpose of Worker's Compensation Insurance Rates
22-8-1.1-48. Use of Tax Revenues; Appropriations; Payment Date
22-8-1.1-48.1. Rules Governing Functions of Chapter
22-8-1.1-48.2. Disposition of Penalties
22-8-1.1-48.3. Construction of Chapter With Other Laws
22-8-1.1-48.4. Confidentiality of Trade Secrets; Violations
22-8-1.1-51. Restriction on Assessment of Penalty
22-8-1.1-52. Commissioner and Employees Not Subject to Subpoena Except in Certain Circumstances