An order granting a temporary variance shall be issued only if the employer establishes that:

(1)

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Terms Used In Tennessee Code 50-3-603

  • Employer: means a person engaged in a business who has one (1) or more employees and includes county, metropolitan and municipal governments. See Tennessee Code 50-3-103
  • Standard: means an occupational safety and health standard promulgated by the commissioner that requires conditions or the adoption or the use of one (1) or more practices, means, methods, operations or processes reasonably necessary or appropriate to provide safe and healthful employment and places of employment. See Tennessee Code 50-3-103
(A) The employer is unable to comply with the standard by the effective date because of the unavailability of professional or technical personnel or materials and equipment required or necessary construction or alteration of facilities or technology;
(B) All available steps have been taken to safeguard the employer’s employees against the hazards covered by the standard; and
(C) The employer has an effective program for coming into compliance with the standard as quickly as practicable; or
(2) The employer is engaged in an experimental program as described in § 50-3-602.
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