OAR 437-001-0420
Decision on Variance Request
(1)
If a variance is granted, an order of variance will be issued. The order will include:(a)
The name of the employer to whom the variance is granted;(b)
The place of employment where the variance is applicable;(c)
The type of variance granted;(d)
The specific rule to which the variance applies;(e)
The alternative methods or safeguards to be used by the employer while the variance is in effect;(f)
Notice that the employer may be cited for any violation of the conditions established by the variance;(g)
Information of employees’ right to appeal the variance decision; and(h)
Information that if no appeal is filed within 30 days of receipt of the order, the variance approval becomes final and subject to review only as specified in OAR 437-001-0430 (Modification or Revocation of a Variance).(2)
If a variance is denied, a notice of denial will be issued. The notice will include:(a)
The reasons for the denial;(b)
Employer and employee appeal rights;(c)
Information that if no appeal is filed within 30 days of receipt of the notice, the variance denial becomes a final decision without affecting the employer’s right to submit another application; and(d)
Information advising the employer that a compliance inspection may be made within 30 days.(3)
A copy of any variance order or denial must be posted for 20 days.(4)
A variance that has been denied, or that has expired, may be followed by a compliance inspection within 30 days.
Source:
Rule 437-001-0420 — Decision on Variance Request, https://secure.sos.state.or.us/oard/view.action?ruleNumber=437-001-0420.