Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 2 - APPLICATION FOR VARIANCES AND OTHER RELIEF › Section 12-53-6 - Variance and other relief for inability to comply

Current through
					 June, 2024
(a) Any
					 employer, or class of employers, desiring a variance from a standard, or
					 portion of it, for inability to comply with any rule shall file a written
					 application with the director.
(b)
					 All applications filed pursuant to subsection (a) above shall be in writing and
					 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 rule or portion
					 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 the applicant is unable to comply with the rule
					 or portion of it by its effective date and a detailed statement of the
					 reasons;
(5) A statement of the
					 steps the applicant has taken and will take, with specific dates where
					 appropriate, to protect employees against the hazards for which the standards
					 provide protection;
(6) A statement
					 of when the applicant expects to be able to comply with the standard and what
					 steps has been taken and will be taken, with specific dates where appropriate,
					 to achieve compliance with the rule;
(7) A statement of the facts the applicant
					 would present to establish that:
(A) The
					 applicant 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 achieve compliance with the standard or because necessary
					 construction or alteration of facilities cannot be completed by the effective
					 date;
(B) All available steps to
					 safeguard employees against the hazards for which the standard provides
					 protection are being taken; and
(C)
					 An effective program is in operation for achieving compliance with the standard
					 as quickly as practicable;
(8) A certification that the applicant has
					 informed employees of the application by:
(A)
					 Giving a copy to their designated representatives;
(B) 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 (or in lieu of the
					 summary, the posting of the application itself); and
(9) A description of how affected employees
					 have been informed of the application and of their right to petition the
					 director for a hearing; and
(10)
					 When the requested variance would be applicable to employment or places of
					 employment in more than one state and concerns a Hawaii OSH standard or portion
					 thereof, identical in requirements and substance to a federal standard, the
					 applicant shall:
(A) Identify the identical
					 Federal standard;
(B) Certify
					 whether or not the applicant has filed for such a variance, on the same facts,
					 with the Assistant Secretary for Occupational Safety and Health, U.S.
					 Department of Labor; and
(C)
					 Certify whether or not any citations for violations of the identical federal
					 standard, or portion thereof, have been issued to the applicant by the federal
					 government, and, if citations have been issued, copies of the citations shall
					 be included.