{"data":{"id":"us-mt/50-71-114","jurisdiction":"us-mt","citation":"50-71-114","heading":"Rulemaking -- variances.","body":"(1) The department may adopt appropriate standards for safety and health by administrative rule, including:\n(a) any safety or health regulations promulgated by the federal occupational safety and health administration; and\n(b) standards that are not inconsistent with federal safety and health regulation but that provide for a greater level of protection for employees.\n(2) The department may adopt other rules that are reasonably necessary to implement this part.\n(3) (a) The department may by rule:\n(i) provide a procedure to grant a temporary variance from the particular provisions of a standard; and\n(ii) permit the temporary use of other or different devices or methods than provided by the standard.\n(b) A temporary variance may be granted only if the public sector employer:\n(i) has an effective program for complying with the standard as quickly as is practicable;\n(ii) is taking all available steps to safeguard public sector employees against the hazards covered by the standard; and\n(iii) is unable to comply with the standard because:\n(A) professional or technical personnel needed to implement compliance with the standard are temporarily unavailable;\n(B) material or equipment needed to comply with the standard is temporarily unavailable; or\n(C) necessary construction or alteration of facilities cannot be completed by the effective date of the standard.","path":["TITLE 50. HEALTH AND SAFETY","CHAPTER 71. OCCUPATIONAL SAFETY AND HEALTH","Part 1. Montana Occupational Safety and Health Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0710/part_0010/section_0140/0500-0710-0010-0140.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:56:38Z","sha256":"27f0df270f48b4c555cd90abbd9cfa761212a60eafc4e00eedaf6c99c9e239e6","source_id":"us-mt","stale":false,"prev":"us-mt/50-71-113","next":"us-mt/50-71-115"},"notice":"GroundRules: Original legal text. Not legal advice."}