50-71-114. Rulemaking — variances. (1) The department may adopt appropriate standards for safety and health by administrative rule, including:

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(a)any safety or health regulations promulgated by the federal occupational safety and health administration; and

(b)standards that are not inconsistent with federal safety and health regulation but that provide for a greater level of protection for employees.

(2)The department may adopt other rules that are reasonably necessary to implement this part.

(3)(a) The department may by rule:

(i)provide a procedure to grant a temporary variance from the particular provisions of a standard; and

(ii)permit the temporary use of other or different devices or methods than provided by the standard.

(b)A temporary variance may be granted only if the public sector employer:

(i)has an effective program for complying with the standard as quickly as is practicable;

(ii)is taking all available steps to safeguard public sector employees against the hazards covered by the standard; and

(iii)is unable to comply with the standard because:

(A)professional or technical personnel needed to implement compliance with the standard are temporarily unavailable;

(B)material or equipment needed to comply with the standard is temporarily unavailable; or

(C)necessary construction or alteration of facilities cannot be completed by the effective date of the standard.