620 IAC 1 — ARTICLE 1. HEALTH AND SAFETY STANDARDS

TITLE 620 OCCUPATIONAL SAFETY STANDARDS COMMISSION

ARTICLE 1. HEALTH AND SAFETY STANDARDS

620 IAC 1-1 Rule 1. Jurisdiction; Filing; Parties; Pleadings; Conduct of Hearings; Settlement (Expired)

Rule 1. Jurisdiction; Filing; Parties; Pleadings; Conduct of Hearings; Settlement (Expired)

(Expired under IC 4-22-2.6, effective January 1, 2026.)

620 IAC 1-2 Rule 2. Rules of Practice for Variances, Limitations, Variations, Tolerances and Exemptions (Repealed)

Rule 2. Rules of Practice for Variances, Limitations, Variations, Tolerances and Exemptions (Repealed)

(Repealed by Occupational Safety Standards Commission; filed Jul 16, 1987, 3:50 pm: 10 IR 2680)

Rule 3

620 IAC 1-3-1 620 IAC 1-3-1 Purpose

Rule 3. Procedures Governing Permanent and Temporary Variances

620 IAC 1-3-1 Purpose

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-19.1; IC 22-8-1.1-20.1

Sec. 1. The purpose of this rule (620 IAC 1-3) is to establish administrative provisions concerning permanent and temporary variances under IC 22-8-1.1-19.1 and IC 22-8-1.1-20.1.

(Occupational Safety Standards Commission; 620 IAC 1-3-1; filed Jul 16, 1987, 3:50 pm: 10 IR 2676; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR-620190506RFA)

620 IAC 1-3-2 620 IAC 1-3-2 Definitions

620 IAC 1-3-2 Definitions

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-7; IC 22-8-1.1-8

Sec. 2. (a) "Affected employee" means an employee who would be affected by the granting or denying of a permanent or temporary variance, or any one of his authorized representatives, such as his collective bargaining agent.

(b) "Commission" refers to the occupational safety standards commission as established by IC 22-8-1.1-7.

(c) "Commissioner" refers to the Indiana commissioner of labor or his duly designated representative.

(d) "Secretary" means the commissioner acting in his capacity as secretary to the commission under the provisions of IC 22-8-1.1- 8.

(Occupational Safety Standards Commission; 620 IAC 1-3-2; filed Jul 16, 1987, 3:50 pm: 10 IR 2676; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR- 620190506RFA)

620 IAC 1-3-3 620 IAC 1-3-3 Temporary variances; grounds for issuance

620 IAC 1-3-3 Temporary variances; grounds for issuance

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-19.1

Sec. 3. The commission shall grant a temporary variance from a standard when an employer, following the procedures stated in 620 IAC 1-3, establishes that:

(1) it is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date;

(2) it is taking all available steps to safeguard its employees against the hazards covered by the standard; and

(3) it has an effective program for coming into compliance with the standard as quickly as practicable.

(Occupational Safety Standards Commission; 620 IAC 1-3-3; filed Jul 16, 1987, 3:50 pm: 10 IR 2676; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR- 620190506RFA)

620 IAC 1-3-4 620 IAC 1-3-4 Permanent variances; grounds for issuance

620 IAC 1-3-4 Permanent variances; grounds for issuance

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-20.1

Sec. 4. The commission shall grant a permanent variance from a standard when an employer, following the procedures stated in 620 IAC 1-3, establishes that the conditions, practices, means, methods, operations, or processes it uses or proposes to use will be as safe and healthful to employees as those which would prevail if it complied with the standard.

(Occupational Safety Standards Commission; 620 IAC 1-3-4; filed Jul 16, 1987, 3:50 pm: 10 IR 2676; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR- 620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR-620190506RFA)

620 IAC 1-3-5 620 IAC 1-3-5 Applications for temporary variances

620 IAC 1-3-5 Applications for temporary variances

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-19.1

Sec. 5. (a) If an employer wishes to seek a temporary variance, it shall apply for it by providing the information required by subsection (b) of this section on a form provided by the secretary or a reasonable facsimile.

(b) An application for a temporary variance shall include the following information:

(1) The name and address of the applicant.

(2) The address(es) of the place or places of employment involved.

(3) Identification, by specific citation, of the standard or portion thereof from which the applicant seeks a temporary variance.

(4) Specific identification of machinery or equipment covered by the request for a temporary variance including brand name and model name or number, and serial number or other identifying means.

(5) A representation by the applicant supported by representations from qualified persons having firsthand knowledge of the facts represented, that it is unable to comply with the standard or portion thereof by its effective date and a detailed statement of the reasons therefor.

(6) A statement of the steps the applicant has taken and will take, with specific dates where appropriate, to protect employees against the hazard covered by the standard.

(7) A statement of when the applicant expects to be able to comply with the standard and of what steps it has taken and will take, along with specific dates where appropriate, to come into compliance with the standard.

(8) A statement of the facts the applicant would show to establish that:

(A) the applicant is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date;

(B) it is taking all available steps to safeguard his employees against the hazards covered by the standard; and

(C) it has an effective program for coming into compliance with the standard as quickly as practicable.

(9) Where the application for a temporary variance concerns a state standard or portion thereof, identical in requirements and substance to a federal standard, the applicant shall:

(A) Identify the identical federal standard.

(B) Certify whether the applicant has filed for such a variance, on the same facts, with the Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor.

(C) Certify whether any citations for violations of the identical federal standard, or portion thereof, have been issued to the applicant by the Federal Government. If such citations have been issued, identification shall be included.

(10) Any photographs, drawings, diagrams and similar information which the applicant believes may aid the commission in its consideration of the application for a temporary variance.

(11) A statement that the applicant has informed his affected employees of the application for a temporary variance by:

(A) giving a copy thereof to their authorized representative;

(B) posting the application, or a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted; and

(C) other appropriate means.

The applicant shall also state the date(s) these actions were taken.

(c) The application and any other paper which may be filed with the commission concerning the temporary variance applications shall be signed by the employer, and authorized representative of the employer if the employer is not an individual, or the employer's attorney.

(Occupational Safety Standards Commission; 620 IAC 1-3-5; filed Jul 16, 1987, 3:50 pm: 10 IR 2677; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR- 620190506RFA)

620 IAC 1-3-6 620 IAC 1-3-6 Applications for permanent variances

620 IAC 1-3-6 Applications for permanent variances

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-20.1

Sec. 6. (a) If an employer wishes to seek a permanent variance, it shall apply for it by providing the information required by subsection (b) of this section on a form provided by the secretary or a reasonable facsimile.

(b) An application for a permanent variance shall include the following information:

(1) the name and address of the applicant;

(2) the address(es) of the place or places of employment involved;

(3) identification, by specific citation, of the standard or portion thereof from which the applicant seeks a permanent variance;

(4) specific identification of machinery or equipment covered by the request for a permanent variance including brand name and model name or number, and serial number or other identifying means;

(5) a description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the applicant;

(6) a statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide employment to employees which are as safe and healthful as those required by the standard from which a variance is sought;

(7) where the application for permanent variance concerns a state standard or portion thereof, identical in requirements and substance to a federal standard, the applicant shall:

(A) identify the identical federal standard;

(B) certify whether the applicant has filed for such a variance, on the same facts, with the Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor;

(C) certify whether any citations for violations of the identical federal standard, or portion thereof, have been issued to the applicant by the Federal Government. If such citations have been issued, identification shall be included.

(8) any photographs, drawing, diagrams and similar information which the applicant believes may aid the commission in its consideration of the application for a permanent variance; and

(9) a certification that the applicant has informed the employees of the application by:

(A) giving a copy thereof to their authorized representative;

(B) posting the application or a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and

(C) other appropriate means.

The applicant shall also state the date(s) these actions were taken.

(c) The application and any other paper which may be filed with the commission concerning the permanent variance application shall be signed by the employer, an authorized representative of the employer if the employer is not an individual, or the employer's attorney.

(Occupational Safety Standards Commission; 620 IAC 1-3-6; filed Jul 16, 1987, 3:50 pm: 10 IR 2677; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR- 620190506RFA)

620 IAC 1-3-7 620 IAC 1-3-7 Interim orders

620 IAC 1-3-7 Interim orders

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 4-21.5-3-5; IC 22-8-1.1-19.1; IC 22-8-1.1-20.1

Sec. 7. (a) The commission may grant an interim order to be effective until the commission renders a decision on an application for a permanent or temporary variance.

(b) An application for an interim order may be made concurrent with, or subsequent to, the variance application. It may include a statement of facts and arguments as to why the interim order should be granted. The commission may rule ex parte upon the application.

(c) If an application for an interim order is denied, the applicant shall be given prompt notice of the denial, which shall include, or be accompanied by, a brief statement of the grounds therefor.

(d) If an interim order is granted, a copy of the order shall be served upon the applicant and any person entitled to notice under the provisions of IC 4-21.5-3-5. It shall be a condition of the interim order that the employer shall give notice thereof to affected employees by the same means to be used to inform them of the application for the variance.

(Occupational Safety Standards Commission; 620 IAC 1-3-7; filed Jul 16, 1987, 3:50 pm: 10 IR 2678; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR-620190506RFA)

620 IAC 1-3-8 620 IAC 1-3-8 Consideration of applications

620 IAC 1-3-8 Consideration of applications

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 4-21.5-3; IC 22-8-1.1-19.1; IC 22-8-1.1-20.1

Sec. 8. (a) If any application for a temporary or permanent variance appears to comply with the applicable requirements of 620 IAC 1-3-5 and 620 IAC 1-3-6, the secretary shall issue notice to the employer and any person entitled to notice under the provisions of IC 4-21.5-3-5 of a nonevidentiary hearing to be held by the commission. Such notice shall be issued at least fifteen (15) days prior to the date of the hearing. Such nonevidentiary hearings shall normally be scheduled for the first regularly scheduled commission meeting to be held more than twenty-five (25) days after receipt of the application, but may be sooner as long as the fifteen (15) day notice requirement is met and may be later, if appropriate. The employer shall give notice of the nonevidentiary hearing to affected employees by the same means to be used to inform them of the application for the variance.

(b) If an application for a temporary or permanent variance appears not to comply with the applicable requirements of 620 IAC 1-3- 5 and 620 IAC 1-3-6, the secretary shall not schedule a nonevidentiary hearing, but instead shall bring the application to the commission at its next meeting. The commission then may either deny the variance on the basis of an inadequate application or, if it concludes that the application is adequate, may schedule a nonevidentiary hearing for a future commission meeting. Notice shall be given as provided for by subsection (a) of this section.

(c) At the nonevidentiary hearing the employer, any affected employee, and the commissioner shall be given an opportunity to present any facts or arguments concerning the variance application. Other interested persons may submit written data, views or arguments regarding the application prior to the nonevidentiary hearing; however, any participation on their part at the nonevidentiary hearing shall be at the discretion of the commission.

(d) The order granting or denying the variance shall be issued following the requirements of IC 4-21.5-3-5. If a petition for review is subsequently granted under IC 4-21.5-3-7 that order shall be deemed merely to have been a preliminary determination. Proceedings conducted subsequent to the granting of a petition for review and those conducted subsequent to a request for reconsideration of the denial of a petition for review shall be conducted under the applicable provisions of IC 4-21.5-3.

(e) The employer shall notify affected employees of the order granting or denying the variance by the same means used to inform them of the application for the variance.

(Occupational Safety Standards Commission; 620 IAC 1-3-8; filed Jul 16, 1987, 3:50 pm: 10 IR 2678; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR- 620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR-620190506RFA)

620 IAC 1-3-9 620 IAC 1-3-9 Consolidation of proceedings

620 IAC 1-3-9 Consolidation of proceedings

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-19.1; IC 22-8-1.1-20.1

Sec. 9. The commission on its own motion or that of an employer, affected employees or the commissioner may consolidate or contemporaneously consider two (2) or more variance proceedings which involve the same or closely related issues.

(Occupational Safety Standards Commission; 620 IAC 1-3-9; filed Jul 16, 1987, 3:50 pm: 10 IR 2679; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR- 620190506RFA)

620 IAC 1-3-10 620 IAC 1-3-10 Requirements for temporary variances

620 IAC 1-3-10 Requirements for temporary variances

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-19.1

Sec. 10. (a) Any temporary variance issued under 620 IAC 1-3 shall prescribe the practices, means, methods, operations and processes which the employer must adopt and use while it is in effect and shall state in detail the employer's program for coming into compliance with the standard.

(b) No temporary variance may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one (1) year, whichever is shorter, except that such a temporary variance may be renewed not more than twice, so long as the requirements in 620 IAC 1-3 for temporary variances are met and an application for renewal is filed at least ninety (90) days prior to the expiration date of the temporary variance.

(Occupational Safety Standards Commission; 620 IAC 1-3-10; filed Jul 16, 1987, 3:50 pm: 10 IR 2679; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR- 620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR-620190506RFA)

620 IAC 1-3-11 620 IAC 1-3-11 Requirements for permanent variances

620 IAC 1-3-11 Requirements for permanent variances

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-20.1

Sec. 11. Any permanent variance issued under 620 IAC 1-3 shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which the employer must adopt and utilize to the extent they differ from the standard in question.

(Occupational Safety Standards Commission; 620 IAC 1-3-11; filed Jul 16, 1987, 3:50 pm: 10 IR 2679; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR- 620190506RFA)

620 IAC 1-3-12 620 IAC 1-3-12 Renewal of temporary variance

620 IAC 1-3-12 Renewal of temporary variance

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-19.1

Sec. 12. (a) An employer may apply for a renewal of a temporary variance by filing, no later than ninety (90) days prior to the expiration date of the temporary variance, an application meeting the requirements of 620 IAC 1-3-5.

(b) The commission shall consider applications for renewals of temporary variances in the same manner and following the same criteria for the original issuance of temporary variances.

(c) No temporary variance may be renewed more than twice.

(Occupational Safety Standards Commission; 620 IAC 1-3-12; filed Jul 16, 1987, 3:50 pm: 10 IR 2679; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR-620190506RFA)

620 IAC 1-3-13 620 IAC 1-3-13 Modification or revocation of permanent variances

620 IAC 1-3-13 Modification or revocation of permanent variances

Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1

Affected: IC 4-21.5-3; IC 22-8-1.1-20.1

Sec. 13. (a) The commission may modify or revoke a permanent variance previously issued at any time after six (6) months from its issuance.

(b) If the commission desires to modify or revoke a permanent variance, it shall do so following the provisions of IC 4-21.5-3-6. Said notice shall be served upon the commissioner, the employer and affected employees. The employer shall immediately post the notice for affected employees. The employer, affected employees and the commissioner may petition for review within thirty (30) days of the issuance of the order modifying or revoking the permanent variance. Consideration of granting or denying a petition for review shall be done following the provisions of IC 4-21.5-3-7 and any further proceedings shall be conducted under the applicable provisions of IC 4-21.5-3.

(c) An application for the modification or revocation may be made by an employer, affected employees or the commissioner.

(d) Applications for the modification or revocation of a permanent variance shall contain:

(1) The name and address of the applicant.

(2) A description of the relief which is sought.

(3) A statement setting forth with particularity the grounds for relief.

(4) If the applicant is an employer, a certification that the applicant has served the commissioner and has informed his affected employees of the application by:

(A) giving a copy thereof to their authorized representative;

(B) posting at the place or places where notices to employees are normally posted; the application or a statement giving a summary of the application and specifying where a copy of the full application may be examined (or in lieu of the summary, posting the application itself); and

(C) other appropriate means.

The applicant shall also state the date(s) these actions were taken.

(5) If the applicant is an affected employee or the commissioner, a certification that a copy of the application has been furnished to the employer, and the date this was done.

(6) If the applicant is the commissioner, the employer shall immediately notify affected employees in the manner provided for by subdivision (4) of this subsection and certify that it took this action and the date it was taken.

(7) Any request for a hearing under subsection (e) of this section.

(e) If a request for hearing is made within thirty (30) days of the date of the application by either the commissioner, the employer or affected employees, or if the commission desires a hearing, a nonevidentiary hearing shall be conducted.

(f) Subsequent to the nonevidentiary hearing or after the time for one to be requested has passed if none is requested, the commission shall grant or deny the modification or revocation.

(g) If the modification or revocation was requested by the employer, or if it was requested by the commissioner or affected employees and the decision is to deny the modification or revocation, the order granting or denying it shall be issued following the requirements of IC 4-21.5-3- 5. If a petition for review is subsequently granted under IC 4-21.5-3-7 that order shall be deemed merely to have been a preliminary determination. Proceedings conducted subsequent to the granting of a petition for review and those conducted subsequent to a request for reconsideration of the denial of a petition for review shall be conducted under the applicable provisions of IC 4-21.5-3.

(h) If the modification or revocation was requested by the commissioner or affected employees and the commission desires to grant it, the provisions of IC 4-21.5-3-8 apply.

(Occupational Safety Standards Commission; 620 IAC 1-3-13; filed Jul 16, 1987, 3:50 pm: 10 IR 2679; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226- IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR-620190506RFA)

620 IAC 1-3-14 620 IAC 1-3-14 Notice in Indiana Register

620 IAC 1-3-14 Notice in Indiana Register

Authority: IC 22-8-1.1-48.1

Affected: IC 4-22-7-7; IC 22-8-1.1-19.1; IC 22-8-1.1-20.1

Sec. 14. If it so decides, the commission may publish notice of the granting of a permanent or temporary variance, the granting of an interim order or the modification or revocation of a permanent variance in the Indiana Register.

(Occupational Safety Standards Commission; 620 IAC 1-3-14; filed Jul 16, 1987, 3:50 pm: 10 IR 2680; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR- 620130406RFA; readopted filed Nov 27, 2019, 3:35 p.m.: 20191225-IR-620190506RFA)