Document 10Ln9Je7qV4OmD0xmL29eyB0Z

5 A statement of the steps the applicant has taken and will take, with dates, to protect employees against the hazard covered by the standard. 6 A statement of when the applicant expects to be able to comply with the standard and what steps he has taken, with dates, to come into compliance with the standard 7 A certification that he has informed his em ployees of the application. A description of how employees have been informed is to be included m the certification Informa tion to employees must also inform them of their right to petition for a hearing An employer may also apply for a perma nent variance from a standard A variance order can be granted if OSHA determines that an employer has demonstrated by a prepon derance of evidence that he will provide a place of employment as safe and healthful as that which would prevail if he complied with the standard. Employer applications for an order for a permanent variance must contain at least the following 1 Name and address of the applicant. 2 Address(es) of the place(s) of employment involved 3 A description of the countermeasures used or proposed to be used by the applicant 4 A statement showing how such counter measures would provide a place of employ ment which is as safe and healthful as that required by the standard for which the variance is sought 5 Certification that he has informed his em ployees of the application 6 Any request for a hearing 7. A description of how employees were in formed of the application and of their right to petition for a hearing The model shown in Fig 2-2 is intended to serve as a guide for a permanent variance application. An employer may request an interim order permitting either kind of variance until his formal application can be acted upon Again, the request for an interim order must contarn statements of fact or arguments why such in terim order should be granted If a request for an interim order is denied, the applicant will be notified promptly and informed of the reasons for the decision If the order is granted, all concerned parties will be in formed and the terms of the order will be published in the Federal Register. In such cases, the employer must inform the affected employees regarding the interim order m the same manner used to inform them of the variance application Upon filing an application for a variance, OSHA will publish a notice of such filing m the Federal Register and invite written data, views, and arguments regarding the applica tion Those affected by the petition may re quest a hearing After review of all the facts, including those presented during the hearing, OSHA publishes its decision regarding the ap plication in the Federal Register The enforcement process The Department of Labor compliance of ficers (CO) may enter, at any reasonable tune and without delay, any establishment covered by the OSHAct to inspect the premises and all its facilities " CO s also have the right to question privately any employer, owner, op erator, agent or employee The OSHAct authorizes an employer repre sentative as well as an authorized employee representative to accompany the CO during the official inspection of the premises and all its facilities. Usually the authorized employee representative will be the union steward or the chairman of the employee safety com mittee Occasionally there may be no au thorized employee representative, especially m those establishments which are nonunion shops. In the absence of an employee repre sentative, the CO will confer with employees picked at random. Representatives of the Department of Health, Education and Welfare, although not authorized to enforce the OSHAct, are au thorized to make inspections and to question The regulations governing enforcement pro cedures, including inspections, citations, and pro posed penalties, are codified in Title 29, C F R , Chapter XVII, Part 1903 31