Tenn. Code Ann. § 50-3-603: Temporary variances - Grounds

An order granting a temporary variance shall be issued only if the employer establishes that: (1) (A) The employer is unable to comply with the standard by the effective date because of the unavailability of professional or technical personnel or materials and equipment required or necessary construction or alteration of facilities or technology; (B) All available steps have been taken to safeguard the employer's employees against the hazards covered by the standard; and (C) The employer has an effective program for coming into compliance with the standard as quickly as practicable; or (2) The employer is engaged in an experimental program as described in § 50-3-602 . Acts 1972, ch. 561, § 13; 1974, ch. 585, § 36; T.C.A., § 50-548.

An order granting a temporary variance shall be issued only if the employer establishes that:

(1) (A) The employer is unable to comply with the standard by the effective date because of the unavailability of professional or technical personnel or materials and equipment required or necessary construction or alteration of facilities or technology; (B) All available steps have been taken to safeguard the employer's employees against the hazards covered by the standard; and (C) The employer has an effective program for coming into compliance with the standard as quickly as practicable; or

(A) The employer is unable to comply with the standard by the effective date because of the unavailability of professional or technical personnel or materials and equipment required or necessary construction or alteration of facilities or technology;

(B) All available steps have been taken to safeguard the employer's employees against the hazards covered by the standard; and

(C) The employer has an effective program for coming into compliance with the standard as quickly as practicable; or

(2) The employer is engaged in an experimental program as described in § 50-3-602 .