Ch. 59                            MARVIN MANDEL, Governor                                 99

WHO MAY ALSO BE SUBMITTING A REPORT THEREOF TO THE
STATE ACCIDENT FUND, SHALL SEND A COPY OF EACH SUCH
REPORT TO THE COMMISSIONER. EVERY SUCH EMPLOYER, SHALL,
WITHIN FORTY-EIGHT HOURS AFTER THE OCCURRENCE OF AN
EMPLOYMENT ACCIDENT WHICH IS EITHER FATAL TO ONE OR
MORE EMPLOYEES OR WHICH RESULTS IN THE HOSPITALIZATION
OF FIVE OR MORE EMPLOYEES, REPORT THE ACCIDENT EITHER
ORALLY OR IN WRITING TO THE COMMISSIONER.

34. VARIANCE OF RULES, REGULATIONS AND STANDARDS.

(A)      ANY AFFECTED EMPLOYER MAY APPLY TO THE
COMMISSIONER FOR AN ORDER FOR A VARIANCE FROM ANY
RULE, REGULATION OR STANDARD PROMULGATED UNDER THIS
SUBTITLE. AFFECTED EMPLOYEES SHALL BE GIVEN NOTICE OF
EACH SUCH APPLICATION AND AN OPPORTUNITY TO
PARTICIPATE IN A HEARING. THE COMMISSIONER SHALL ISSUE
SUCH ORDER IF HE DETERMINES, AFTER AN INSPECTION IF
APPROPRIATE, AND A HEARING, THAT THE APPLICANT FOR THE
VARIANCE HAS DEMONSTRATED BY A PREPONDERANCE OF THE
EVIDENCE THAT THE CONDITIONS, PRACTICES, MEANS, METHODS,
OPERATIONS OR PROCEDURES USED OR PROPOSED TO BE USED BY
SUCH APPLICANT-EMPLOYER WILL PROVIDE EMPLOYMENT AND
PLACES OF EMPLOYMENT TO HIS EMPLOYEES WHICH ARE AS
SAFE AND HEALTHFUL AS THOSE WHICH WOULD PREVAIL IF HE
COMPLIED WITH THE RULE, REGULATION OR STANDARD FROM
WHICH THE VARIANCE IS SOUGHT THE ORDER SO ISSUED SHALL
DESCRIBE THE CONDITIONS THE EMPLOYER MUST MAINTAIN,
AND THE PRACTICES, MEANS, METHODS, OPERATIONS, AND
PROCEDURES WHICH HE MUST ADOPT AND UTILIZE TO THE
EXTENT THEY DIFFER FROM THE RULE, REGULATION OR
STANDARD IN QUESTION. THE COMMISSIONER MAY, AT ANY TIME
ON HIS OWN MOTION, OR UPON APPLICATION BY AN EMPLOYER
OR EMPLOYEES AFTER SIX MONTHS HAS ELAPSED FROM THE
DATE OF THE ISSUANCE OF THE ORDER GRANTING A VARIANCE,
AFTER A HEARING, MODIFY OR REVOKE SUCH ORDER.

(B)  ANY EMPLOYER MAY APPLY TO THE COMMISSIONER FOR A
TEMPORARY ORDER GRANTING A VARIANCE FROM ANY RULE,
REGULATION OR STANDARD PROMULGATED UNDER THE
SUBTITLE. SUCH TEMPORARY ORDER SHALL BE GRANTED ONLY
IF THE EMPLOYER FILES AN APPLICATION WHICH MEETS
REQUIREMENTS OF SUBSECTION (C) OF THIS SECTION AND
ESTABLISHES THAT THE EMPLOYER (1) IS UNABLE TO COMPLY
WITH A RULE, REGULATION OR STANDARD BY ITS EFFECTIVE
DATE BECAUSE OF [[(1)]] THE UNAVAILABILITY OF PROFESSIONAL
OR TECHNICAL PERSONNEL OR OF MATERIALS AND EQUIPMENT
NEEDED TO COME INTO COMPLIANCE WITH THE RULE,
REGULATION OR STANDARD OR [[(2)]] BECAUSE NECESSARY
CONSTRUCTION OR ALTERATIONS OF THE FACILITIES CANNOT BE
COMPLETED BY THE EFFECTIVE DATE, [[OR (3)]] (2) HE IS TAKING
ALL AVAILABLE STEPS TO SAFEGUARD HIS EMPLOYEES AGAINST
THE HAZARDS COVERED BY THE RULE, REGULATION, OR
STANDARD, AND [[(4)]] (3) HE HAS AN EFFECTIVE PROGRAM FOR
COMING INTO COMPLIANCE WITH SUCH RULE, REGULATION OR
STANDARD AS QUICKLY AS PRACTICAL. ANY TEMPORARY ORDER
ISSUED UNDER THIS SUBSECTION SHALL PRESCRIBE THE
PRACTICES, MEANS, METHODS, OPERATIONS AND PROCESSES