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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 2. Applications for Permanent Variances and Appeals from Temporary Variances

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§411.3. Employer Posting and Notification Responsibilities.

Regarding Variance Proceedings and Temporary Variance Appeals.

(a) Employers shall post a copy of the following documents at the place(s) where notices to employees are usually posted. In lieu of posting, Conveyance Owners shall immediately provide copies of these documents to the building maintenance provider and to the maintenance provider for the conveyance.

(1) The docketed variance application or temporary variance appeal, or a statement giving a summary of the application or appeal that specifies where a copy may be examined. This posting shall occur immediately upon the Employer's receipt of the notice indicating that the variance application or appeal has been docketed.

(2) A notice contained in the application, or provided as a separate document but posted simultaneously with the application, informing affected employees of their right to:

(A) party status and to participate in the variance proceedings;

(B) inspect and copy all pleadings at a reasonable time; and

(C) petition the Standards Board for a hearing.

(3) A copy of the notice of hearing, which shall be posted immediately upon its receipt.

Exception: If the variance or appeal pertains to an elevator, escalator or other conveyance covered by the Elevator Safety Orders that is in a building that is under construction or otherwise unoccupied, and neither a maintenance provider for the conveyance nor a building maintenance provider has been retained or designated, the Conveyance Owner shall attest to these facts in its application. If a conveyance maintenance and/or building maintenance provider is retained or designated after the variance or appeal is requested, but before a hearing is held, the Conveyance Owner shall immediately comply with this section and shall inform the Board, in writing, of the actions taken to comply.

(b) In addition to complying with subsection (a), Employers shall provide any authorized employee representative with the following documents immediately upon their receipt:

(1) a copy of the docketed variance application or temporary variance appeal;

(2) a copy of the notice set forth in (a)(2);

(3) a copy of the notice of hearing.

(c) Where posting is required, such posting shall be maintained until the commencement of the hearing or until earlier disposition of the variance request or appeal.


Authority cited: Sections 143.2 and 6457, Labor Code. Reference: Sections 143, 143.2 and 6457, Labor Code.


1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2). For prior history, see Register 2002, No. 27.

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