Skip to main content
Find a Lawyer

Montana Title 50. Health and Safety § 50-71-114. Rulemaking--variances

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) The department may adopt appropriate standards for safety and health by administrative rule, including:

(a) any safety or health regulations promulgated by the federal occupational safety and health administration; and

(b) standards that are not inconsistent with federal safety and health regulation but that provide for a greater level of protection for employees.

(2) The department may adopt other rules that are reasonably necessary to implement this part.

(3)(a) The department may by rule:

(i) provide a procedure to grant a temporary variance from the particular provisions of a standard; and

(ii) permit the temporary use of other or different devices or methods than provided by the standard.

(b) A temporary variance may be granted only if the public sector employer:

(i) has an effective program for complying with the standard as quickly as is practicable;

(ii) is taking all available steps to safeguard public sector employees against the hazards covered by the standard; and

(iii) is unable to comply with the standard because:

(A) professional or technical personnel needed to implement compliance with the standard are temporarily unavailable;

(B) material or equipment needed to comply with the standard is temporarily unavailable; or

(C) necessary construction or alteration of facilities cannot be completed by the effective date of the standard.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Montana Title 50. Health and Safety § 50-71-114. Rulemaking--variances - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-50-health-and-safety/mt-st-50-71-114/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard