1. (1) An employer applying for a variance may request an interim order to be effective until final action is taken on the variance application. The request for an interim order:

   1. (a) May be included in the variance application;
   2. (b) Must include all information required by OAR 437-001-0400(2); and
   3. (c) Must state the reasons why the interim order should be granted.
2. (2) The Administrator, or designee, will decide whether to issue an interim order on the basis of information provided in the application.
3. (3) If an interim order is granted, it will be sent to the employer. The employer must inform affected employees by posting a copy of the interim order for as long as the order is in effect.
4. (4) If an interim order is granted, the action will be published in the manner required by OAR 437-001-0410(1).
5. (5) If the interim order is denied, the employer will be given prompt written notice of, and the reasons for, the denial.
6. (6) An interim order or a written denial must include notice of the employer’s and employees’ appeal rights as contained in ORS 654.056 and OAR 438-085-0006 through 438-085-0870.

Statutory/Other Authority

ORS 654.025(2) & 656.726(4)

Statutes/Other Implemented

ORS 654.001-654.295

History

OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74