Sec. 20.1. Any affected employer may apply to the commission for a permanent variance from a standard promulgated under this chapter. Affected employees shall be given notice of each such application by posting it at or near the location for which the variance is sought, and an opportunity to participate in a hearing. The commission shall issue such rule or order if it determines, after a hearing, including an inspection, if appropriate, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by the employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees, the commissioner of labor, or the commission on its own motion, in the manner prescribed for its issuance under this section at any time after six (6) months from its issuance, provided that the moving party gives thirty (30) days notice to the other parties, and a hearing is held at the request of any of the parties.
Formerly: Acts 1973, P.L.241, SEC.16.
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