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Chapter 3.5. Occupational Safety and Health Standards Board
Subchapter 1. Rules of Procedure for Permanent Variances and Appeals from Temporary Variances
Article 4. Hearings and Decisions

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§428. Modifications to a Permanent Variance.

(a) A variance is valid only for the Employer to whom it is issued and only for the locations specified in the variance. If an Employer transfers ownership of the business to a different entity, the variance does not transfer to the new Employer.
(b) An Employer must seek to modify a variance if:
(1) the Employer wants to change the terms or conditions of an existing variance;
(2) the Employer wants to acquire the variance from the Employer to whom it was issued; or
(3) the Employer wants to add to or change the locations listed in the existing variance.
(c) Employers seeking to modify a permanent variance must comply with Rules 411-411.2 and must include the docket number of the variance to be modified in the application. An Employer may satisfy 411(b)(3) and (4) by stating that it will comply with the conditions contained in the existing permanent variance that is subject to modification.
Note: Authority cited: Section 143.2, Labor Code. Reference: Sections 143(d), 143.2 and 6457, Labor Code.
1. New section filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26). For prior history, see Register 87, No. 29.

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