Guam § 1208 - Temporary Variance Order.

§ 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.