2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361m - Temporary variances

(a) Any employer may apply to the Secretary for a temporary order for a variance from a standard or any provision thereof promulgated under §§ 361—361aa of this title. This temporary order shall be granted only if the employer files a petition which complies with the requirements of subsection (b) of this section and proves that:
(1) He is unable to comply with a standard as of its effective date, because of the unavailability of professional or technical personnel, or of the materials and equipment needed to comply with the standard or because the necessary construction or altering of facilities cannot be completed on the effective date;
(2) he is taking all available steps to safeguard his employees against the hazards covered by the standard, and
(3) he has an effective program for complying with the standard as soon as possible.
(A) Provided the requirements of this section are met, and
(B) if the application for renewal is filed at least ninety (90) days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than one hundred eighty (180) days.
Any temporary order issued under this section shall prescribe the practices, means, methods, operations, and processes which the employer shall adopt and use while the order is in effect and state in detail his program for complying with the standard. Such a temporary order may be granted only after notice to the employees and an opportunity for a hearing; Provided, That the Secretary may issue one interim order to be effective until the decision is made on the basis of the hearing. No temporary order shall be in effect for longer than the period needed by the employer to comply with the standard, or for one year, whichever is shorter, except that such orders may be renewed not more than twice:
(b) An application for a temporary order under this section shall contain:
(1) Name and address of the employer and exact location of place of employment described in the application for variance;
(2) specification of the standard or portion thereof from which the employer seeks a variance;
(3) a representation of the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor;
(4) a statement of the steps he has taken and will take (with specific dates) to protect the employees against the hazard covered by the standard;
(5) a statement of when he expects to be able to comply with the standard and what steps he has taken and will take (with dates specified) to come into compliance with the standard, and
(6) a certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a notice giving a summary of the application and specifying where a copy may be examined, at the place or places where notices to employees are normally posted, and by other appropriate means.
A description of how the employees have been informed shall be contained in the certification. The information to the employees shall also inform them of their right to petition the Secretary for a hearing.
(c) The Secretary is authorized to grant a variance from any standard or portion thereof whenever he determines that such variance is necessary to permit an employer to participate in an experiment approved by the Secretary, designed to demonstrate or verify new or improved techniques aimed at safeguarding the health or safety of the employees.
History —Aug. 5, 1975, No. 16, p. 605, § 14; June 24, 1977, No. 116, p. 295, § 3.