(a) The Director of Public Safety may, upon written application by an employer, authorize variances from the labeling provisions of Section 632.07, which will not be contrary to the public interest or the intent of this chapter, but only where:
(1) Owing to special conditions pertaining to a specific employer, workplace or work area, the strict application of this chapter would cause undue or unnecessary hardship; or
(2) Owing to a pre-existing program of an employer designed to inform or protect workers, an employer is in substantial compliance with this chapter.
(b) A variance for undue or unnecessary hardship shall be authorized by the Director when the following facts and conditions exist:
(1) Exceptional or extraordinary circumstances or conditions apply to the subject employer, workplace or work area. In making a finding on this point, the Director shall consider factors, including, but not limited to, extreme temperature, difficulty of access, lack of a permanent work area or workplace and volatile or rapidly changing conditions in the work area or workplace.
(2) The employer establishes, with approval of the Director, alternative methods of providing information about the toxic or hazardous substances involved, such as placards, posting of signs in common areas or entry areas and oral and written communication, which methods shall be substituted for those requirements that are waived and which methods will result in substantial compliance with the intent of this chapter.
(c) In considering a variance for a pre-existing program, the Director shall determine if the following facts and conditions exist:
(1) The program was in existence at the time of passage of this chapter (Ordinance 85-50, passed September 16, 1985).
(2) The labeling used in the program conveys information in a manner substantially equal to or superior to the labeling requirements of this chapter.
(3) Material safety data sheets which contain the same data as required by this chapter must be readily accessible to workers.
(d) In modifying the literal interpretation and strict application of this chapter, and in authorizing a variance therefrom, the Director shall impose such requirements and conditions as he or she deems essential in order to carry out the intent and purpose of this chapter and to otherwise safeguard the public health, safety and general welfare.
(e) Variances granted pursuant to this section for undue or unnecessary hardship shall expire one year from the date of issuance, but may be renewed by the Director upon compliance with this section. Variances granted pursuant to this section for pre-existing programs shall be re-examined every five years.
(f) When an employer files an application for a variance, the employer shall notify his or her employees and their designated representative of such application by immediately posting a notice of such application. Such posting shall occur in the same manner as provided for in Section 632.06.
(Ord. 85-50. Passed 9-16-85.)