Guam § 1208 - Temporary Variance Order.
Full text of Guam Guam Code Annotated § 1208 — Temporary Variance Order., with citation guidance and answers to common questions.
§ 1208. Temporary Variance Order.
(a) Any employer may apply to the Director for a temporary
order granting a variance from a standard or any provision thereof
promulgated under § 1206. Such temporary order shall be granted
only if the employer files an application which meets the
requirements of clause (b) hereof 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.
Any temporary order issued under this subsection 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; provided, however,
that the Director may issue one interim order to be effective until
a decision is made on the basis of the hearing. No temporary order
may be in effect for longer than the period needed by the employer
to achieve compliance with the standard, or one (1) year,
whichever is shorter, except that such an order may be renewed
not more than twice. So long as the requirements of this subsection
are met and if an application for renewal is filed at least ninety
(90) days prior to the expiration date of the order[,] no interim
renewal of an order may remain in effect for longer than one
hundred eighty (180) days.
DIV. 1 LABOR REGULATIONS
(b) An application for a temporary order under this
subsection shall contain:
(1) A specification of the standard or portion thereof
from which the employer seeks a variance;
(2) A representation by the employer, supported by
representations from qualified person having first-hand
knowledge of the facts represented, that he is unable to
comply with the standard or portions thereof and a detailed
statement of the reasons therefor;
(3) A statement of the steps he has taken and will take
(with specific dates) to protect employees against the hazard
covered by the standard;
(4) A statement of when he expects to be able to comply
with the standard and what steps he has taken and what steps
he will take (with dates specified) to come into compliance
with the standard; and
(5) A certification that he has informed his employees
of the application by giving a copy thereof to their authorized
representative, posting a statement giving a summary of the
application and specifying where a copy may be examined at
the place or places where notices to employees are normally
posted, and by other appropriate means.
A description of how employees have been informed shall be
contained in the certification. The information to employees shall
also inform them of their right to petition the Director for a
hearing.
Frequently Asked Questions About Guam § 1208
What does Guam Code Annotated § 1208 cover?
Section 1208 ("Temporary Variance Order.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 1208?
A common citation format is "Guam Code Annotated § 1208" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 1208 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.