361n

Any affected employer may apply to the Secretary for an order authorizing a variance from a standard promulgated under §§ 361—361aa of this title. Affected employees shall be given notice of each such application and of the opportunity to participate in a hearing. The Secretary shall issue such order if he determines, on the basis of the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by the employer will provide to his employees employment and places of employment which are as safe and healthful as those which would prevail if he complied with the standard. The order so issued shall prescribe the conditions the employer shall maintain, and the practices, means, methods, operations and processes which he shall adopt and utilize to the extent they differ from the standard in question. Such an order may be modified or revoked upon request of an employer, of employees, or motu proprio by the Secretary, in the manner prescribed for its issuance under this section at any

in question. Such an order may be modified or revoked upon request of an employer, of employees, or motu proprio by the Secretary, in the manner prescribed for its issuance under this section at any time after six (6) months from its issuance. History —Aug. 5, 1975, No. 16, p. 605, § 15.