reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-2 - Posting of notice: Availability of the act, regulations and applicable standards

Current through July 10, 2024
(a)
(1) Each employer shall post and keep posted
				a notice or notices to be furnished by the Occupational Safety and Health
				Division of the Connecticut Labor Department, informing employees of the
				protections and obligations provided for in the Act, and that for assistance
				and information, including copies of the Act and of specific safety and health
				standards, employees should contact the employer or the office of the
				Department of Labor. Such notice or notices shall be posted by the employer in
				each establishment in a conspicuous place or places where notices to employees
				are customarily posted. Each employer shall take steps to insure that such
				notices are not altered, defaced, or covered by other material.
(2) Where the state has an approved poster
				informing employees of their projections and obligations, such poster, when
				posted by employers covered by the state plan, shall constitute compliance with
				the posting requirements of section
				31-374(c)
				(1) of the act.
(3) Reproductions or facsimiles of such state
				posters shall constitute compliance with the posting requirements of section
				31-374(c)
				(1) of the act where such reproductions or
				facsimiles are at least 8-1/2 inches by 14 inches, and the printing size is at
				least 10 point. Whenever the size of the poster increases, the size of the
				print shall also increase accordingly. The caption or heading on the poster
				shall be in large type, generally not less than 36 point.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-3 - Authority for inspection

Current through July 10, 2024
(a) Occupational
				Safety and Health Officers of the Department of Labor are authorized to enter
				without delay and at reasonable times any factory, plant, establishment,
				construction site, or other area, work place or environment where work is
				performed by an employee of an employer; to inspect and investigate during
				regular working hours and at other reasonable times, and within reasonable
				limits and in a reasonable manner, any such place of employment, and all
				pertinent conditions, structures, machines, apparatus, devices, equipment and
				materials therein: to question privately any employer, owner, operator, agent
				or employee; and to review records required by the Act and related regulations,
				and other records which are directly related to the purpose of the
				inspection.
(b) Prior to inspecting
				areas containing information which is classified by an agency of the United
				States Government in the interest of national security, Occupational Safety and
				Health Officers shall have obtained the appropriate security
				clearance.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-4 - Objection to inspection

Current through July 10, 2024
(a) Upon a refusal
				to permit an Occupational Safety and Health Officer, in the exercise of his
				official duties, to enter without delay and at reasonable times any place of
				employment or any place therein, to inspect, to review records, or to question
				any employer, owner operator, agent, or employee, in accordance with section
				31-371-3,
				or to permit a representative of employees to accompany the Occupational Safety
				and Health Officer during the physical inspection of any work place, the
				Occupational Safety and Health Officer shall terminate the inspection or
				confine the inspection to other areas, conditions, structures, machines,
				apparatus, devices, equipment, material, records, or interviews concerning
				which no objection is raised. The compliance safety and health officer shall
				endeavor to ascertain the reason for such refusal and shall immediately report
				the refusal and the reason therefor to the director. The director shall consult
				with the attorney general who shall take appropriate action, including
				compulsory process if necessary.
(b) Compulsory process may be sought in
				advance of an inspection or investigation if in the judgment of the director
				and the attorney general, circumstances exist which make preinspection process
				desirable or necessary.
(c) With
				the approval of the commissioner and the attorney general, compulsory process
				may also be obtained by the director or his designee.
(d) For the purpose of this section, the term
				compulsory process shall mean the institution of any appropriate action,
				including ex parte application for an inspection warrant or its
				equivalent.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-5 - Entry not a waiver

Current through July 10, 2024
Any permission to enter, inspect, review records, or question
				  any person, shall not imply or be conditioned upon a waiver of any cause of
				  action, citation, or penalty under the Act. Occupational Safety and Health
				  Officers are not authorized to grant any such waiver.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-6 - Advance notice of inspections

Current through July 10, 2024
(a) Advance notice
				of inspections may not be given, except in the following situations:
(1) In cases of apparent imminent danger, to
				enable the employer to abate the danger as quickly as possible;
(2) in circumstances where the inspection can
				most effectively be conducted after regular business hours or where special
				preparations are necessary for an inspection;
(3) where necessary to assure the presence of
				representatives of the employer and employees or the appropriate personnel
				needed to aid in the inspection; and
(4) in other circumstances where the
				Occupational Safety and Health Director determines that the giving of advance
				notice would enhance the probability of an effective and thorough
				inspection.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-7 - Conduct of inspection

Current through July 10, 2024
(a) Subject to the
				provisions of section
				31-374
				inspections shall take place at such times and in such places of employment as
				the Commissioner may direct. At the beginning of an inspection, Occupational
				Safety and Health Officers shall present their credentials to the owner,
				operator, or agent in charge at the establishment; explain the nature and
				purpose of the inspection; and indicate generally the scope of the inspection
				and the records specified which they wish to review.
(b) Occupational Safety and Health Officers
				shall have authority to take environmental samples and to take or obtain
				photographs related to the purpose of the inspection, employ other reasonable
				investigative techniques, and question privately any employer, owner, operator,
				agent or employee of an establishment.
(c) In taking photographs and samples,
				Occupational Safety and Health Officers shall take reasonable precautions to
				insure that such actions with flash, spark-producing, or other equipment would
				not be hazardous. Occupational Safety and Health Officers shall comply with all
				employer safety and health rules and practices at the establishment being
				inspected, and they shall wear and use appropriate protective clothing and
				equipment.
(d) The conduct of
				inspections shall be such as to preclude unreasonable disruption of the
				operations of the employer's establishment.
(e) At the conclusion of an inspection, the
				Occupational Safety and Health Officer shall confer with the employer or his
				representative and informally advise him of any apparent safety or health
				violations disclosed by the inspection. During such conference, the employer
				shall be afforded an opportunity to bring to the attention of the Occupational
				Safety and Health Officer any pertinent information regarding conditions in the
				workplace.
(f) Inspections shall be
				conducted in accordance with all other regulations.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-8 - Representatives of employers and employees

Current through July 10, 2024
(a) Occupational
				Safety and Health Officers shall be in charge of inspections and questioning of
				persons. A representative of the employer and a representative authorized by
				his employees shall be given an opportunity to accompany the Occupational
				Safety and Health Officer during the physical inspection of any workplace for
				the purpose of aiding such inspection. An Occupational Safety and Health
				Officer may permit additional employer representatives and additional
				representatives authorized by employees to accompany him where he determines
				that such additional representatives will further aid the inspection. A
				different employer and employee representative may accompany the Occupational
				Safety and Health Officer during each different phase of an inspection if this
				will not interfere with the conduct of the inspection.
(b) Occupational Safety and Health Officers
				shall have authority to resolve all disputes as to who is the representative
				authorized by the employer and employees for the purpose of this section. If
				there is no authorized representative of employees, or if the Occupational
				Safety and Health Officer is unable to determine with reasonable certainty who
				is such representative, he shall consult with a reasonable number of employees
				concerning matters of safety and health in the workplace.
(c) The representative(s) authorized by
				employees shall be an employee(s) of the employer. However, if in the judgment
				of the Occupational Safety and Health Officer, good cause has been shown why
				accompaniment by a third party who is not an employee of the employer (such as
				an industrial hygienist or a safety engineer) is reasonably necessary to the
				conduct of an effective and thorough physical inspection of the workplace, such
				third party may accompany the Occupational Safety and Health Officer during the
				inspection.
(d) Occupational Safety
				and Health Officers are authorized to deny the right of accompaniment under
				this section to any person whose conduct interferes with a fair and orderly
				inspection. The right of accompaniment in areas containing trade secrets shall
				be subject to the provisions of subsection (c) of section
				31-371-9. With
				regard to information classified by an agency of the U. S. Government in the
				interest of national security, only persons authorized to have access to such
				information may accompany an Occupational Safety and Health Officer in areas
				containing such information.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-9 - Trade secrets

Current through July 10, 2024
(a) Section
				31-381
				of the Act provides: "All information reported to or otherwise obtained by the
				Commissioner or his representatives in connection with any inspection or
				proceeding under this Act which contains or which might reveal a trade secret
				shall be considered confidential, provided such information may be disclosed to
				other officers or employees concerned with carrying out this Act or when
				relevant in any proceeding under this Act. In any such proceedings the
				Commissioner, the Review Commission or the Court shall issue such orders as may
				be appropriate to protect the confidentiality of trade secrets."
(b) At the commencement of an inspection the
				employer may identify areas in the establishment which contain or which might
				reveal a trade secret. If the inspecting officer has no clear reason to
				question such identification, information obtained in such areas including all
				negatives and prints of photographs and environmental samples shall be labelled
				"confidential-trade secret" and shall not be disclosed except in accordance
				with the provisions of section
				31-381
				of the Act.
(c) Upon the request of
				an employer, any authorized representative of employees in an area containing
				trade secrets shall be an employee in that area or an employee authorized by
				the employer to enter that area. Where there is no such representative or
				employee, the inspector shall consult with a reasonable number of employees who
				work in that area concerning matters of safety and health.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-10 - Consultation with employees

Current through July 10, 2024
Occupational Safety and Health Officers may consult with
				  employees concerning matters of occupational safety and health to the extent
				  they deem necessary for the conduct of an effective and thorough inspection.
				  During the course of an inspection, any employee shall be afforded an
				  opportunity to bring any violation of the Act which he has reason to believe
				  exists in the workplace to the attention of the Occupational Safety and Health
				  Officer.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-11 - Complaints by employees

Current through July 10, 2024
(a) Any employee or
				representative of employees who believes that there is a violation of an
				occupational safety or health standard or that there is an imminent danger of
				physical harm may request an inspection by giving notice to the Commissioner or
				his authorized representative of such violation or danger. Any such notice
				shall be reduced to writing and shall set forth with reasonable particularity
				the grounds for the notice, and shall be signed by the employees or the
				representative of employees. A copy of such notice shall be provided the
				employer or his agent no later than the time of the inspection, provided, upon
				request of the person giving such notice, his name and the names of individual
				employees referred to therein shall not appear in such copy or on any record
				published, released or made available by the Labor Department.
(b) If upon receipt of such notification the
				Commissioner determines there are reasonable grounds to believe that such
				violation or danger exists, he shall make an inspection in accordance with the
				provisions of this section as soon as practicable to determine if such
				violation or danger exists. Such inspection may be limited to the alleged
				violation or danger.
(c) Prior to
				or during any inspection of a workplace, any employees or representative of
				employees employed in such workplace may notify the Commissioner or any
				representative of the Commissioner responsible for conducting the inspection,
				in writing, of any violation of the Act which they have reason to believe
				exists in such workplace. Any such notice shall comply with the requirements of
				subsection (a) of this section.
(d)
				Subsection (a) of section
				31-379
				of the Connecticut General Statutes provides: "No person shall discharge,
				discipline, penalize or in any manner discriminate against any employee (1)
				because such employee has filed any complaint or instituted or caused to be
				instituted any proceeding under or related to this chapter, (2) because such
				employee has testified or is about to testify in any such proceeding, or (3)
				because of the exercise by such employee on behalf of such employee or others
				of any right afforded by this chapter."
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-12 - Inspection not warranted; informal review

Current through July 10, 2024
(a) If the
				Director of Occupational Safety and Health determines that an inspection is not
				warranted because there are no reasonable grounds to believe that violation or
				danger exists with respect to a complaint under section
				31-371-11,
				he shall notify the employer and the complaining party in writing of such
				determination. The complaining party may obtain review of such determination by
				submitting a written statement of position with the Commissioner and, at the
				same time, providing the employer with a copy of such statement by certified
				mail. The employer may submit an opposing written statement of position with
				the Commissioner and, at the same time provide the complaining party with a
				copy of such statement by certified mail. Upon the request of the complaining
				party or the employer, the Commissioner, at his discretion may hold an informal
				conference in which the complaining party and the employer may orally present
				their views. After considering all written and oral views presented, the
				Commissioner shall affirm, modify, or reverse the previous determination and
				furnish the complaining party and the employer a written notification of his
				decision and the reasons therefor. The decision of the Commissioner shall be
				final and not subject to further review. Such notification shall not preclude
				future enforcement action if conditions change.
(b) If the Director of Occupational Safety
				and Health determines that an inspection is not warranted because the
				requirements of section
				31-371-11
				have not been met, he shall notify the employer and the complaining party in
				writing of such determination. Such determination shall be without prejudice to
				the filing of a new complaint meeting the requirements of section
				31-371-11
				and it shall not preclude future enforcement action if conditions
				change.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-13 - Imminent danger

Current through July 10, 2024
Whenever and as soon as an Occupational Safety and Health
				  Officer concludes on the basis of an inspection that conditions or practices
				  exist in any place of employment which could reasonably be expected to cause
				  death or serious physical harm immediately or before the imminence of such
				  danger can be eliminated through the enforcement procedures otherwise provided
				  by the Act, he shall inform the affected employees and employers of the danger
				  and that he is recommending a civil action to restrain such conditions or
				  practices and for other appropriate relief in accordance with the provisions of
				  section
				  31-380
				  of the Act. Appropriate citations and notices of proposed penalties may be
				  issued with respect to an imminent danger even though, after being informed of
				  such danger by the Occupational Safety and Health Officer, the employer
				  immediately eliminates the imminence of the danger and initiates steps to abate
				  such danger.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-14a - Petitions for modification of abatement date

Current through July 10, 2024
(a) An
				employer may file a petition for modification of abatement date when he has
				made a good faith effort to comply with the abatement requirements of a
				citation but such abatement has not been completed because of factors beyond
				his reasonable control.
(b) A
				petition for modification of abatement date shall be in writing and shall
				include the following information:
(1) All
				steps taken by the employer, and the dates of such action, in an effort to
				achieve compliance during the prescribed abatement period.
(2) The specific additional abatement time
				necessary in order to achieve compliance.
(3) The reasons such additional time is
				necessary, including the unavailability of professional or technical personnel
				or of materials and equipment, or because necessary construction or alteration
				of facilities cannot be completed by the original abatement date.
(4) All available interim steps being taken
				to safeguard the employees against the cited hazard during the abatement
				period.
(5) A certification that a
				copy of the petition has been posted and, if appropriate, served on the
				authorized representative of affected employees, in accordance with subsection
				(c) (1) of this section and a certification of the date upon which such posting
				and service was made.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-15 - Proposed penalties

Current through July 10, 2024
(a) After, or
				concurrent with, the issuance of a citation, and within a reasonable time after
				the termination of the inspection, the Commissioner shall notify the employer
				by certified mail or by personal service by the Occupational Safety and Health
				Officer of the proposed penalty under section
				31-382 of
				the Act, or that no penalty is being proposed. Any notice of proposed penalty
				shall state that the proposed penalty shall be deemed to be the final order of
				the Review Commission and not subject to review by any court or agency unless,
				within 15 working days from the date of receipt of such notice, the employer
				notifies the Commissioner in writing that he intends to contest the citation or
				the notification of proposed penalty before the Review Commission.
(b) The Commissioner shall determine the
				amount of any proposed penalty, giving due consideration to the appropriateness
				of the penalty with respect to the size of the business of the employer being
				charged, the gravity of the violation, the good faith of the employer, and the
				history of previous violations, in accordance with the provisions of section
				31-382 of
				the Act.
(c) Appropriate penalties
				may be proposed with respect to an alleged violation even though after being
				informed of such alleged violation by the Occupational Safety and Health
				Officer, the employer immediately abates, or initiates steps to abate, such
				alleged violation. Penalties shall not be proposed for de minimis violations
				which have no direct or immediate relationship to safety or health.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-16 - Posting of citations

Current through July 10, 2024
(a) Upon receipt of
				any citation under the Act, the employer shall immediately post such citation,
				or a copy thereof, unedited, at or near each place an alleged violation
				referred to in the citation occurred, except as provided below. Where, because
				of the nature of the employers operations, it is not practicable to post the
				citation at or near each place of alleged violation, such citation shall be
				posted, unedited, in a prominent place where it will be readily observable. by
				all affected employees. For example, where employers are engaged in activities
				which are physically dispersed, the citation may be posted at the location to
				which employees report each day. Where employees do not primarily work at or
				report to a single location, the citation may be posted at the location from
				which the employees operate to carry out their activities. The employer shall
				take steps to ensure that the citation is not altered, defaced, or covered by
				other material. Notices of de minimis violations need not be posted.
(b) Each citation, or a copy thereof, shall
				remain posted until the violation has been abated, or for 3 working days,
				whichever is later. The filing by the employer of a notice of intention to
				contest shall not affect his posting responsibility unless and until the Review
				Commission issues a final order vacating the citation.
(c) An employer to whom a citation has been
				issued may post a notice in the same location where such citation is posted
				indicating that the citation is being contested before the Review Commission,
				and such notice may explain the reasons for such contest. The employer may also
				indicate that specified steps have been taken to abate the violation.
(d) Any employer failing to comply with the
				provisions of subsections (a) and (b) of this section shall be subject to
				citation and penalty in accordance with the provisions of section
				31-382 of
				the Act.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-17 - Employer and employee contests before the review commission

Current through July 10, 2024
(a) Any employer to whom a citation or notice
				of proposed penalty has been issued may, under Section
				31-377(a)
				of the Act, notify the Commissioner in writing that he intends to contest such
				citation or proposed penalty before the Review Commission. Such notice of
				intention to contest shall be postmarked within 15 working days of the receipt
				by the employer of the notice of proposed penalty. Every notice of intention to
				contest shall specify whether it is directed to the citation or to the proposed
				penalty, or both. The Commissioner shall immediately transmit such notice to
				the Review Commission in accordance with the rules of procedure prescribed by
				the Commissioner.
(b) Any employee
				or representative of employees of an employer to whom a citation has been
				issued may, under section
				31-377(c)
				of the Act, file a written notice with the Commissioner alleging that the
				period of time fixed, in the citation for the abatement of the violation is
				unreasonable. Such notice shall be postmarked within 15 working days of the
				receipt by the employer of the notice of proposed penalty or notice that no
				penalty is being proposed. The Commissioner shall immediately transmit such
				notice to the Review Commission in accordance with the rules of procedure
				prescribed by the Commission.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-18 - Failure to correct a violation for which a citation has been issued

Current through July 10, 2024
(a) If an inspection discloses that an
				employer has failed to correct a violation for which a citation has been issued
				within the period permitted for its correction, the Commissioner shall notify
				the employer by certified mail or by personal service by the Occupational
				Safety and Health Officer of such failure and of the additional penalty
				proposed under section
				31-382(d)
				of the Act by reason of such failure. The period for the correction of a
				violation for which a citation has been issued shall not begin to run until the
				entry of a final order of the Review Commission in the case of any review
				proceedings initiated by the employer in good faith and not solely for delay or
				avoidance of penalties.
(b) Any
				employer receiving a notification of failure to correct a violation and of
				proposed additional penalty may, under section
				31-377(b)
				of the Act, notify the Commissioner in writing that he intends to contest such
				notification or proposed additional penalty before the Review Commission. Such
				notice of intention to contest shall be filed within 15 working days of the
				receipt by the employer of the notification of failure to correct a violation
				and of proposed additional penalty. The Commissioner shall immediately transmit
				such notice to the Review Commission in accordance with the rules of procedure
				prescribed by the Commission.
(c)
				Each notification of failure to correct a violation and of proposed additional
				penalty shall state that it shall be deemed to be the final order of the Review
				Commission and not subject to review by any court or agency unless, within 15
				working days from the date of receipt of such notification, the employer
				notifies the Commissioner in writing that he intends to contest the
				notification or the proposed additional penalty before the Review
				Commission.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-19 - Informal conferences

Current through July 10, 2024
At the request of an affected employer, employee, or
				  representative of employees, the Commissioner may hold an informal conference
				  for the purpose of discussing any issues raised by an inspection, citation,
				  notice of proposed penalty, or notice of intention to contest. The settlement
				  of any issue at such conference shall be subject to the rules of procedure
				  prescribed by the Review Commission. If the conference is requested by the
				  employer, an affected employee or his representative shall be afforded an
				  opportunity to participate, at the discretion of the Commissioner. If the
				  conference is requested by an employee or representative of employees, the
				  employer shall be afforded an opportunity to participate, at the discretion of
				  the Commissioner. Any party may be represented by counsel at such conference.
				  No such conference or request for such conference shall operate as a stay of
				  any 15 working-day period for filing a notice of intention to contest as
				  prescribed in section
				  31-371-17.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-20 - Definitions

Current through July 10, 2024
(a) "Act" means the Connecticut Occupational
				Safety and Health Act of 1973 (Public Act No. 73-379).
(b) The definitions contained in section
				31-367 of
				the Act shall be applicable to such terms when used in the
				regulations.
(c) "Working days"
				means Mondays through Fridays but shall not include Saturdays, Sundays or State
				holidays. In computing 15 working days, the day of receipt of any notice shall
				not be included, and the last day of the 15 working days shall be
				included.
(d) "Occupational Safety
				or Health Officer or Inspector" means a person authorized by the Commissioner
				of the Connecticut Department of Labor, to conduct inspections.
(e) "Inspection" means any inspection of an
				employer's factory, plant, establishment, construction site, or other area,
				workplace or environment where work is performed by an employee of an employer,
				and includes any inspection conducted pursuant to a complaint, any
				reinspection, followup inspection, accident investigation or other inspection
				conducted under section
				31-374
				of the Act.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-1 - Purposes and scope

Current through July 10, 2024
These regulations specify the rules of practice for seeking
				  limitations, variations, tolerances, and exemptions from the Occupational
				  Safety and Health Standards of Connecticut. These rules are intended to secure
				  a prompt and just conclusion to the proceedings relating to petitions seeking
				  such relief.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-2 - Definitions

Current through July 10, 2024
As used in this Article:
(a) "Act" means the Connecticut Occupational
				Safety and Health Act of 1973.
(b)
				"Affected Employer" or "Affected Employee" means any employer or employee who
				would be affected by the grant or denial of any petition.
(c) "Commissioner" means the Commissioner of
				the Connecticut State Department of Labor.
(d) "Employee" means a person employed or
				permitted to work by a corporation, partnership, company, or
				individual.
(e) "Employer" means
				the State of Connecticut or its political subdivisions.
(f) "Owner", "Lessee", "Agent", or "Manager
				of a building" means one or more individuals, partnerships, associations,
				corporations, business trusts, or legal representatives who control parts or
				features of a building which are not under the control of a tenant
				employer.
(g) "Party" means any
				person, individual, corporation, partnership, association, and the State of
				Connecticut or any of its political subdivisions having an interest or right to
				participate in hearings related to these regulations.
(h) "Person" means any individual,
				corporation, partnership, association, and the State of Connecticut, or any of
				its political subdivisions.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-3 - Petitions for amendments to this part

Current through July 10, 2024
Any person may at any time petition the Commissioner in
				  writing to revise, amend, or revoke any provisions of this part. The petition
				  should set forth either the terms or the substance of the rule desired, with
				  concise statement of the reasons therefor and the effects
				  thereof.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-4 - Amendments to this part

Current through July 10, 2024
The Commissioner may at any time revise, amend, or revoke any
				  provisions of this part, on his own motion or upon the written petition of any
				  person.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-5 - Effect of variances

Current through July 10, 2024
All variances granted pursuant to this part shall have only
				  future effect. In his discretion, the Commissioner may decline to entertain an
				  application for a variance on a subject or issue concerning which a citation
				  has been issued to the employer involved and a proceeding on the citation or a
				  related issue concerning a proposed penalty or period of abatement is pending
				  before the Occupational Safety and Health Review Commission or appropriate
				  state review authority until the completion of such
				  proceeding.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-6 - Public notice of a granted variance, limitation, variation, tolerance, or exemption

Current through July 10, 2024
Every final action granting a variance, limitation,
				  variation, tolerance, or exemption, under this part shall be published in the
				  Connecticut Law Journal. Every such final action shall specify the alternative
				  to the standard involved which the particular variance
				  permits.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-7 - Form of documents; subscriptions; copies

Current through July 10, 2024
(a) No
				particular form is prescribed for applications and other papers which may be
				filed in proceedings under this part. However, any applications and other
				papers shall be clearly legible. An original and six copies of any application
				or other papers shall be filed. The original shall be typewritten. Clear carbon
				copies, or printed or processed copies are acceptable copies.
(b) Each application or other paper which is
				filed in proceedings under this part shall be subscribed by the person filing
				the same, or by his attorney or other authorized representative.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-10 - Variances, and other relief under section 31-372 (a) and (e)

Current through July 10, 2024
(a)
Application for variances.
Any owner, employer, or class of employers desiring a variance from a standard
				or a portion thereof authorized by Section
				31-372
				of the Connecticut Occupational Safety and Health Act may file a written
				application containing the information specified in paragraph (b) of this
				section with the Commissioner.
(b)
Contents.
An application filed pursuant to paragraph (a) of this
				section shall include:
(1) The name and
				address of the applicant;
(2) The
				address of the place or places of employment involved;
(3) A specification of the standard or
				portion thereof from which the applicant seeks a 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 a detailed statement of the reasons
				therefor;
(5) A statement of the
				steps the applicant has taken and will take, with specific date where
				appropriate to protect employees against the hazard covered by the
				standard;
(6) A statement of when
				the applicant expects to comply with the standard and 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 the applicant would show to establish that, (i) the applicant is
				unable to comply with a standard by its effective date because of the
				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; (ii) he is taking all available steps to safeguard his employees against
				the hazards covered by this standard; and (iii) he has an effective program for
				coming into compliance with the standard as soon as possible;
(8) Any request for a hearing as provided in
				this regulation;
(9) A statement
				that the applicant has informed his affected employees of the application by
				giving a copy thereof to their authorized representative, posting a statement,
				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; and
(10) A description of how the affected
				employees have been informed of the application and of their right to petition
				the Commissioner for a hearing.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-11 - Variances and other relief under section 31-372 (g)

Current through July 10, 2024
(a)
Application for variance.
Any owner, employer or class of employers desiring a variance authorized by
				Section
				31-372(g)
				of the Act may file a written application containing the following information
				with the Commissioner of Labor.
(b)
Contents.
(1) The name and
				address of the applicant;
(2) The
				address of the place or places of employment involved;
(3) A description of the conditions,
				practices, means, methods, operations or processes used or proposed to be used
				by the applicant;
(4) 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
				to employees which are as safe and healthful as those required by the standard
				from which a variance is sought;
(5) A certification that the applicant has
				informed his employees of the application by (i) giving a copy thereof to their
				authorized representative; (ii) posting a statement giving a summary of the
				application specifying where a copy may be examined, at the place or places
				where notices to employees are normally posted (or in lieu of such summary, the
				posting of the application itself); and (iii) by other appropriate
				means.
(6) Any request for a
				hearing as provided in this part; and
(7) A description of how employees have been
				informed of the application and of their right to petition the Commissioner for
				a hearing.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-12 - Limitations, variations, tolerances or exemptions

Current through July 10, 2024
(a)
Application.
Any person or class of persons desiring a limitation,
				variation, tolerance or exemption authorized by Section
				31-372
				of the Connecticut Occupational Safety and Health Act as he may find necessary
				and proper to avoid serious impairment of the national defense may file an
				application containing the information specified below.
(b)
Contents.
(1) The name and address of the
				applicant;
(2) The address of the
				place or places of employment involved;
(3) A specification of the provision of the
				Act to or from which the applicant seeks a limitation, variation, tolerance or
				exemption.
(4) A representation
				showing that the limitation, variation, tolerance or exemption sought is
				necessary and proper to avoid serious impairment of the national
				defense;
(5) Any request for a
				hearing as provided in this part; and
(6) A description of how employees have been
				informed of the application and of their right to petition the Commissioner for
				a hearing.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-13 - Modification, revocation and renewal of rules or orders

Current through July 10, 2024
(a)
Modification or revocation.
(1) An affected owner, employer or an
				affected employee may apply in writing to the Commissioner for a modification
				or revocation of a rule or order issued under Section
				31-372
				of the Act.
The application shall contain:
(i) The name and address of the
				applicant.
(ii) A description of
				the relief which is sought;
(iii) A
				statement setting forth with particularity the grounds for relief;
(iv) If the applicant is an employer, a
				certification that the applicant has informed his affected employees of the
				application by:
(a) Giving a copy thereof to
				their authorized representative;
(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.
(v) If the applicant is an
				affected employee, a certification that a copy of the application has been
				furnished to the employer; and
(vi)
				Any request for a hearing as provided in this part.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-14 - Actions on applications

Current through July 10, 2024
(a)
Defective
				applications.
(1) If an application
				filed pursuant to this article does not conform to the applicable section, the
				Commissioner may deny the application.
(2) Prompt notice of the denial of an
				application shall be given to the applicant.
(3) A notice of denial shall include, or be
				accompanied by a brief statement of the grounds for denial.
(4) A denial of an application pursuant to
				this article shall be without prejudice to the filing of another
				application.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-15 - Request for hearings on applications

Current through July 10, 2024
(a)
Requests
				for hearing.
Within the time allowed by a notice of the filing of an
				application, any affected employer or employee may file with the Commissioner a
				request for a hearing on the application.
(b)
Contents of a request for a
				hearing.
A request for a hearing on an application shall include:
(1) A statement of facts indicating how the
				employer or employee would be affected by the relief sought;
(2) Specification of the statement or
				representation in the application which is denied, and a summary of evidence
				which would support a denial; and
(3) Any views or arguments on any issues of
				fact or law presented.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-16 - Consolidation of proceedings

Current through July 10, 2024
The Commissioner on his own motion or that of any party may
				  consolidate or contemporaneously consider two or more proceedings which involve
				  the same or closely related issues.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-20 - Notice of hearing

Current through July 10, 2024
(a) Upon request
				for a hearing the Commissioner shall serve, or cause to be served, a reasonable
				notice of hearing.
(b) A notice of
				hearing shall include:
1. The time, place, and
				nature of the hearing.
2. The legal
				authority under which the hearing is to be held.
3. A specification of issues of fact and
				law.
4. A designation of a hearing
				examiner to preside over the hearing.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-21 - Manner of service

Current through July 10, 2024
Service of any document upon any party may be made by
				  personal delivery of, or by mailing, a copy of the document to the last known
				  address of the party. The person serving the document shall certify to the
				  manner and the date of the service.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-22 - Hearing examiners; powers and duties

Current through July 10, 2024
(a)
Powers.
A hearing examiner designated to preside over a hearing
				shall have all powers necessary or appropriate to conduct a fair, full, and
				impartial hearing, including the following:
1.
				To administer oaths and affirmations.
2. To rule upon offers of proof and receive
				relevant evidence.
3. To provide
				for discovery and determine its scope.
4. To regulate the course of the hearing and
				the conduct of the parties and their counsel therein.
5. To consider and rule upon procedural
				requests.
6. To hold conferences
				for the settlement or simplification of the issues by consent of the
				parties.
7. To make, or to cause to
				be made, an inspection of the employment or place of employment
				involved.
8. To make decisions in
				accordance with the Act, this part, and the Administrative Procedure
				Act.
9. To take any other
				appropriate action authorized by the Act, this part, or the Administrative
				Procedure Act.