Variance. — Guam Code § 67207

§ 67207. Variance.

(a) When the Department finds that a variation from the terms

set forth in this Article will not impair the safety of employees,

which would otherwise be secured by compliance with the terms

of said Article, the Department, upon written application, after

investigation and such hearings as the Department may direct,

may issue an order permitting such variation upon such conditions

as it may specify and upon the provision and use of such safety

measures and appliances as shall, in the judgment of the

Department, secure the safety of employees.

(b) Non-compliance with the conditions specified in the

variance shall automatically suspend such variance for as long as

the non-compliance exists.

(c) Upon receipt of a complaint and satisfactory proof that a

variation imperils the safety of employees, which could otherwise

be secured by compliance with this Article, the Department may

suspend, revoke or modify the variance and/or the conditions

specified.

(d) No declaration, act or omission of the Department other

than a written notice authorizing a variation, shall be deemed to

exempt, either wholly or in part, expressed or implied, any owner

from full compliance with the terms of this Article.