Section 6450 Of Chapter 5. Temporary Variances From California Labor Code >> Division 5. >> Part 1. >> Chapter 5.
6450
. (a) Any employer may apply to the division for a temporary
order granting a variance from an occupational safety or health
standard. Such temporary order shall be granted only if the employer
files an application which meets the requirements of Section 6451,
and establishes that (1) he 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 come into
compliance with the standard or because necessary construction or
alteration of facilities cannot be completed by the effective date,
(2) he is taking all available steps to safeguard his employees
against the hazards covered by the standard, and (3) he has an
effective program for coming into compliance with the standard as
quickly as practicable.
(b) Any temporary order issued under this section shall prescribe
the practices, means, methods, operations, and processes which the
employer must adopt and use while the order is in effect and state in
detail his program for coming into compliance with the standard.
Such a temporary order may be granted only after notice to employees
and an opportunity for a hearing. However, the division may issue one
interim order for a temporary variance upon submission of an
application showing that the employment or place of employment will
be safe for employees pending a hearing on the application for a
temporary variance. No temporary order may 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 such an
order may be renewed not more than twice provided that the
requirements of this section are met and an application for renewal
is filed prior to the expiration date of the order. No single renewal
of an order may remain in effect for longer than 180 days.