Nevada § 618.415 - Permanent variances from standards

§ 618.415. Permanent variances from standards

Any affected employer may apply to the Administrator for a rule or order for a permanent

variance from a standard adopted under this chapter. Affected employees must be given notice of each application and an opportunity to

participate in a hearing. The Administrator shall issue the rule or order if the Administrator determines on

the record, after opportunity for an inspection where appropriate and a hearing, that

the proponent of the permanent 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 or her employees which are as safe and healthful as those which would prevail

if the employer complied with the standard. The rule or order must prescribe the conditions the employer must maintain, the practices,

means, methods, operations or processes which the employer must adopt and utilize

to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees

or by the Administrator on his or her own motion, in the manner prescribed for its

issuance under this subsection at any time after 6 months after its issuance.