1. (1) After a variance request is determined to be complete and procedurally adequate, as provided in OAR 437-001-0400, Oregon OSHA will publish the request for one day in at least one daily newspaper with general circulation throughout Oregon. The notice will include:

   1. (a) The name of the applicant;
   2. (b) The rule, also identified by number, from which the variance is sought;
   3. (c) A brief description of the variance request;
   4. (d) Notice of opportunity for public comment and hearing;
   5. (e) Information on how interested persons may learn of Oregon OSHA’s decision on the variance application; and
   6. (f) The address of the Oregon OSHA office from which further information may be obtained.
2. (2) Oregon OSHA may conduct an on-site review of the equipment or processes involved in the requested variance.
3. (3) A variance, if granted, will have no retroactive effect. It will not be the basis for amending or withdrawing a citation.

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 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 33-1974, f. 9-5-74, ef. 9-26-74
WCB 19-1974, f. 6-5-74, ef. 7-1-74