{"data":{"id":"us-ky/krs-338.153","jurisdiction":"us-ky","citation":"KRS 338.153","heading":"Applications for variances -- Procedure for granting -- Temporary order.","body":"(1) Any affected employer may apply to the commissioner for a rule or order for a\nvariance from a standard promulgated under this chapter. Affected employees shall\nbe given notice of each such application and an opportunity to participate in a\nhearing. The commissioner shall issue such rule or order if he or she determines on\nthe record, after opportunity for an inspection where appropriate and a hearing, that\nthe proponent of the variance has demonstrated by a preponderance of the evidence\nthat the conditi ons, practices, means, methods, operations, or processes used or\nproposed to be used by an employer will provide employment and places of\nemployment to his or her employees which are as safe and healthful as those which\nwould prevail if he or she complied with the standard. The rule or order so issued\nshall prescribe the conditions the employer must maintain, and the practices, means,\nmethods, operations, and processes which he or she must adopt and utilize to the\nextent they differ from the standard in que stion. Such a rule or order may be\nmodified or revoked upon application by an employer, employees, or by the\ncommissioner of his or her own motion, in the manner prescribed for its issuance\nunder this subsection at any time after six (6) months from its issuance.\n(2) (a) Any employer may apply to the commissioner for a temporary order granting a\nvariance from a standard or any provision thereof promulgated under this\nsection. Such temporary order shall be granted only if the employer files an\napplication which meets the requirements of paragraph (b) of this subsection\nand establishes that:\n1. He or she is unable to comply with the standard by its effective date\nbecause of unavailability of professional or technical personnel or of\nmaterials and equipment nee ded to come into compliance with the\nstandard or because necessary construction or alteration of facilities\ncannot be completed by the effective date;\n2. He or she is taking all available steps to safeguard his or her employees\nagainst the hazards covered by the standard; and\n3. He or she has an effective program for coming into compliance with the\nstandard as quickly as practicable.\nAny temporary order issued under this subsection shall prescribe the practices,\nmeans, methods, operations, and processes wh ich the employer must adopt\nand use while the order is in effect and state in detail his or her program for\ncoming into compliance with the standard. Such a temporary order may be\ngranted only after notice to employees and an opportunity for a hearing;\nprovided, that the commissioner may issue one (1) interim order to be\neffective until a decision is made on the basis of the hearing. No temporary\norder may be in effect for longer than the period needed by the employer to\nachieve compliance with the standard  or one (1) year, whichever is shorter,\nexcept that such an order may be renewed not more than twice:\n1. So long as the requirements of this subsection are met; and\n2. If an application for renewal is filed at least ninety (90) days prior to the\nexpiration date of the order. No interim renewal of an order may remain\nin effect for longer than one hundred eighty (180) days.\n(b) An application for a temporary order under this subsection shall contain:\n1. A specification of the standard or portion thereof from which the\nemployer seeks a variance;\n2. A representation by the employer, supported by representations from\nqualified persons having firsthand knowledge of the facts represented,\nthat he or she is unable to comply with the standard or portion thereof\nand a detailed statement of the reasons therefor;\n3. A statement of the steps he or she has taken and will take (with specific\ndates) to protect employees against the hazard covered by the standard;\n4. A statement of when he or she expects to be able to comply with the\nstandard and what steps he or she has taken and what steps he or she will\ntake (with dates specified) to come into compliance with the standard;\nand\n5. A certification that he or she has i nformed his or her employees of the\napplication by giving a copy thereof to their authorized representative,\nposting a statement giving a summary of the application and specifying\nwhere a copy may be examined at the place or places where notices to\nemployees are normally posted, and by other appropriate means. A\ndescription of how employees have been informed shall be contained in\nthe certification. The information to employees shall also inform them of\ntheir right to petition the commissioner for a hearing.\n(c) The commissioner is authorized to grant a variance from any standard or\nportion thereof whenever he or she determines that such variance is necessary\nto permit an employer to participate in an experiment approved by him or her\ndesigned to demonstrate  or validate new and improved techniques to\nsafeguard the health or safety of workers.","path":["KRS Chapter 338"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32146","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:27Z","sha256":"b67e9eaa0a79f805aa2aa46110800e72d020dad5bd36340eb3a11d828fc74434","source_id":"us-ky","stale":false,"prev":"us-ky/krs-338.151","next":"us-ky/krs-338.160"},"notice":"GroundRules: Original legal text. Not legal advice."}