Guam § 1209 - Variance Rule.

§ 1209. Variance Rule.

Any affected employer may apply to the Director for a rule

or order for a variance from a standard promulgated under this

section.

DIV. 1 LABOR REGULATIONS

(a) Affected employees shall be given notice of each

such application and an opportunity to participate in a

hearing.

(b) The Director shall issue such rule or order if he

determines on the record, after opportunity for an inspection

where appropriate and a hearing, that the proponent of the

variance has demonstrated by a preponderance of the

evidence that the conditions, practices, means, methods,

operations or processes used or proposed to be used by an

employer will provide employment and places of

employment to his employees which are as safe and healthful

as those which would prevail if he complied with the

standard.

(c) The rule or order so issued shall prescribe the

conditions the employer must maintain, and the practices,

means, methods, operations, and processes which he must

adopt and utilize to the extent they differ from the standard

in question.

(d) Such rule or order may be modified or revoked upon

application by an employer, employees, or by the Director on

his own motion, in the manner prescribed by this subsection

at any time after six (6) months from its issuance.