1. (1) The department may adopt appropriate standards for safety and health by administrative rule, including:

   1. (a) any safety or health regulations promulgated by the federal occupational safety and health administration; and
   2. (b) standards that are not inconsistent with federal safety and health regulation but that provide for a greater level of protection for employees.
2. (2) The department may adopt other rules that are reasonably necessary to implement this part.

3. (3)

   1. (a) The department may by rule:

      1. (i) provide a procedure to grant a temporary variance from the particular provisions of a standard; and
      2. (ii) permit the temporary use of other or different devices or methods than provided by the standard.

   2. (b) A temporary variance may be granted only if the public sector employer:

      1. (i) has an effective program for complying with the standard as quickly as is practicable;
      2. (ii) is taking all available steps to safeguard public sector employees against the hazards covered by the standard; and

      3. (iii) is unable to comply with the standard because:

         1. (A) professional or technical personnel needed to implement compliance with the standard are temporarily unavailable;
         2. (B) material or equipment needed to comply with the standard is temporarily unavailable; or
         3. (C) necessary construction or alteration of facilities cannot be completed by the effective date of the standard.

History: En. Sec. 4, Ch. 27, L. 2009.