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Subchapter 17. Mine Safety Orders

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§6956. Permits for Variations from These Orders.

(a) When the Division finds that, under such conditions as shall be specified, a variation from the terms of a Safety Order will give such freedom from danger as the employment reasonably permits, the Division upon written application, after investigation and such hearing as the Division may direct, may make and enter its order permitting such variation from the terms of the said Safety Order in a place of employment, upon such conditions as it may specify and upon the provision and use of such safety measures and appliances as shall in the judgment of the said Division secure the safety of employees. A copy of said order shall be posted conspicuously under glass at the place of employment and shall be maintained in legible condition during the time said order is in effect.

(b) An appeal from a decision of the Division concerning a permit for variation from these Orders may be made to the Industrial Safety Board.

(c) When the Division has reason to believe--or upon receipt of a complaint--that a variation does not provide such freedom from danger as the employment reasonably permits, the Division, after notice to the employer--and to the complainant where a complaint has been received--and after hearing, may continue in force, suspend, revoke, or modify the conditions specified in such order.

(d) Where death or serious personal injury at the place of employment appears in the judgment of the Division to be attributable to a variation from the terms of a Safety Order, the Division may set aside or amend said variation order after notice to the employer and such hearings as the Division may direct. Notice of such action shall be conspicuously posted at the place of employment.

(e) No declaration, act, or omission of the Division or of its representatives, other than a written order authorizing a variation as permitted under this Order, shall be deemed to exempt, either wholly or in part, expressly or impliedly, any employer or place of employment from full compliance with the terms of any Safety Order issued by the Division.

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