54 



ard. Such a temporary order may be granted only 

 after notice to employees and an opportunity for a 

 hearing: Provided, That the Secretary may issue one 

 interim order to be effective untU a decision is made 

 on the basis of the hearing. No temporary order may 

 be in effect for longer than the period needed by the 

 employer to achieve compliance with the standard or 

 one year, whichever is shorter, except that such an 

 order may be renewed not more than twice (I) so 

 long as the requirements of this paragraph are met 

 and (II) if an application for renewal is filed at least 

 90 days prior to the expiration date of the order. No 

 interim renewal of an order may remain in effect for 

 longer than 180 days. 



(B) An application for a temporary order under 

 this paragraph (6) shall contain : 



(1) a specification of the standard or portion 

 thereof from which the employer seeks a variance, 

 (ii) a representation by the employer, supported 

 by representations from qualified persons having 

 firsthand knowledge of the facts represented, that 

 he is unable to comply with the standard or por- 

 tion thereof and a detailed statement of the rea- 

 sons therefor, 



(ill) a statement of the steps he has taken and 

 will take (with specific dates) to protect employ- 

 ees against the hazard covered by the standard, 

 (iv) a statement of when he expects to be able 

 to comply with the standard and what steps he 

 has taken and what steps he will take (with dates 

 specified) to come into compliance with the stand- 

 ard, and 



(V) a certification that he has informed his 

 employees of the application by giving a copy 

 thereof to their authorized representative, posting 

 a statement giving a summary of the application 

 and specifying where a copy may be examined at 

 the place or places where notices to employees are 

 normally posted, and by other appropriate means. 

 A description of how employees have been informed 

 shall be contained in the certification. The informa- 

 tion to employees shall also inform them of their 

 right to petition the Secretary for a hearing. 



(C) The Secretary Is authorized to grant a vari- 

 ance from any standard or portion thereof whenever 

 he determines, or the Secretary of Health, Educa- 

 tion, and Welfare certifies, that such variance is 

 necessary to permit an employer to participate in 

 an experiment approved by him or the Secretary of 

 Health, Education, and Welfare designed to demon- 

 strate or validate new and improved techniques to 

 safeguard the health and safety of workers. 



(7) Any standard promulgated under this sub- 

 section shall prescribe the use of labels or other 

 appropriate forms of warning as are necessary to 

 Insure that employees are apprised of all hazards to 

 which they are exposed, relevant symptoms and ap- 

 propriate emergency treatment, and proper condi- 

 tions and precautions of safe use or exposure. Where 

 appropriate, such standard shall also prescribe suit- 

 able protective equipment and control or technologi- 

 cal procedures to be used in connection with such 

 hazards and shall provide for monitoring or measur- 

 ing employee exposure at such locations and inter- 

 vals, and in such manner as may be necessary for 



the protection of employees. In addition, where ap- 

 propriate, any such standard shall prescribe the type 

 and frequency of medical examinations or other 

 tests which shall be made available, by the employer 

 or at his cost, to employees exposed to such hazards 

 in order to most effectively determine whether the 

 health of such employees Is adversely affected by 

 such exposure. In the event such medical examina- 

 tions are in the nature of research, as determined 

 by the Secretary of Health, Education, and Welfare, 

 such examinations may be furnished at the expense 

 of the Secretary of Health, Education, and Welfare. 

 The results of such examinations or tests shall be 

 furnished only to the Secretary or the Secretary of 

 Health, Education, and Welfare, and, at the request 

 of the employee, to his physician. The Secretary, in 

 consultation with the Secretary of Health, Educa- 

 tion, and Welfare, may by rule promulgated pursu- 

 ant to section 553 of Title 5, make appropriate modi- 

 fications in the foregoing requirements relating to 

 the use of labels or other forms of warning, moni- 

 toring or measuring, and medical examinations, as 

 may be warranted by experience, information, or 

 medical or technological developments acquired sub- 

 sequent to the promulgation of the relevant 

 standard. 



(8) Whenever a rule promulgated by the Secre- 

 tary differs substantially from an existing national 

 consensus standard, the Secretary shall, at the same 

 time, publish in the Federal Register a statement of 

 the reasons why the rule as adopted will better effec- 

 tuate the purposes of this chapter than the national 

 consensus standard. 



(c) Emergency temporary standards. 



(1) The Secretary shall provide, without regard 

 to the requirements of chapter 5 of Title 5, for an 

 emergency temporary standard to take immediate 

 effect upon publication in the Federal Register if 

 he determines (A) that employees are exposed to 

 grave danger from exposure to substances or agents 

 determined to be toxic or physically harmful or 

 from new hazards, and (B) that such emergency 

 standard is necessary to protect employees from 

 such danger. 



(2) Such standard shall be effective imtU super- 

 seded by a standard promulgated in accordance with 

 the procedures prescribed in paragraph (3) of this 

 subsection. 



( 3 ) Upon publication of such standard in the Fed- 

 eral Register the Secretary shall commence a pro- 

 ceeding in accordance with subsection (b) of this 

 section, and the standard as published shall also 

 serve as a proposed rule for the proceeding. The 

 Secretary shall promulgate a standard under this 

 paragraph no later than six months after publica- 

 tion of the emergency standard as provided in para- 

 graph (2) of this subsection. 



(d) Variances from standards; procedure. 



Any affected employer may apply to the Secretary 

 for a rule or order for a variance from a standard 

 promulgated under this section. Affected employees 

 shall be given notice of each such application and 

 an opportunity to participate in a hearing. The 

 Secretary shall issue such rule or order if he deter- 



