Explain how the following processes relating to OSHA standards are accomplished: passage of a new standard; request for a temporary variance; appealing a standard
What will be an ideal response?
After a standard has been passed, it becomes effective on the date prescribed. This is not necessarily the final step in the appeals process, however. A standard, either permanent or temporary, may be appealed by any person who is opposed to it.
An appeal must be filed with the U.S. Court of Appeals serving the geographic region in which the complainant lives or does business. Appeal paperwork must be initiated within 60 days of a standard's approval. However, the filing of one or more appeals does not delay the enforcement of a standard unless the court of appeals handling the matter mandates a delay. Typically, the new standard is enforced as passed until a ruling on the appeal is handed down.
Occasionally, an employer may be unable to comply with a new standard by the effective date of enforcement. In such cases, the employer may petition OSHA at the state or federal level for a variance.
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What will be an ideal response?
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