3-3109. Emergency temporary standards
A. The department may provide for emergency temporary standards or rules to take
immediate effect on filing with the secretary of state if it determines 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 that the emergency standard or rule is
necessary to protect employees from such danger.
B. Emergency temporary standards or rules are effective until superseded by
standards or rules adopted pursuant to section 3-3108.
C. On filing such a standard or rule with the secretary of state the department
shall begin a proceeding pursuant to section 3-3108 and the emergency temporary standard
or rule shall serve as a proposed standard or rule for the proceeding. The department
shall adopt a standard or rule under this subsection no later than six months after
filing the emergency temporary standard or rule
D. Emergency temporary standards are not subject to title 41, chapter 6, but the
department shall provide twenty days' advance notice of the meeting at which the
emergency temporary standard will be adopted, and the proposed standard. The department
shall receive public testimony at the meeting regarding the emergency temporary standard.
|