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- Alaska Statutes.
- Title 18. Health, Safety, and Housing
- Chapter 60. Safety
- Section 81. Temporary Variance.
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. Right of Entry and Inspection.
AS 18.60.081. Temporary Variance.
- (a) An employer who is affected by AS 18.60.010
- 18.60.105 may apply to the commissioner for a
temporary variance from a provision of the safety and health standards adopted by the department. A temporary variance
shall be issued only if the employer files an application fulfilling the requirements of (b) of this section and the
employer establishes that the employer
- (1) is unable to comply with a standard by its effective date because of unavailability of the professional or technical
personnel or of the materials and equipment needed to come into compliance or because necessary construction or
alteration of facilities cannot be completed by the effective date;
- (2) is taking all available steps to safeguard employees against the hazards covered by the standard;
- (3) has an effective program for coming into compliance with the standards as quickly as practicable.
- (b) An application for a temporary variance must contain
- (1) a specification of the standard from which the employer seeks a temporary variance;
- (2) a representation by the employer, supported by representations from qualified persons having firsthand knowledge of
the facts represented, that the employer is unable to comply and a detailed statement of the reasons for this
- (3) a statement of the steps the employer has taken and will take, including specific dates, to protect employees against
the hazard covered by the standard;
- (4) a statement of when the employer expects to be able to comply with the standard and what steps the employer has taken
and what steps the employer will take, including specific dates, to come into compliance;
- (5) a certification that the employer has informed employees of the application for temporary variance and of their right
to request a hearing by giving a copy of the application and a written statement of the right to a hearing to the
employees' authorized representative, by posting a statement giving a summary of the application and stating the
employees' right to a hearing and specifying where a copy of the application and notice of right to a hearing may be
examined at the place or places where notices to employees are normally posted, and by other appropriate means.
- (c) A temporary variance issued under this section must prescribe the practices, means, methods, operations, and processes
that the employer shall adopt and use while the variance is in effect and state in detail the employer's program for
coming into compliance with the standard. A temporary variance may be granted only after notice to affected employees
and an opportunity for hearing. However, the commissioner may issue one interim order to be effective until a decision
is made on the basis of a hearing. A temporary variance may not be in effect for longer than the period needed by the
employer to achieve compliance with the standard or one year, whichever is shorter, except that a temporary variance
may be renewed no more than twice if the requirements of (a) and (b) of this section are met and the application for
renewal is filed at least 90 days before the expiration date of the variance. An interim renewal of an order may not
remain in effect for longer than 180 days.
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