Sec 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B. Emergency temporary standards or rules are effective until superseded by standards or rules adopted pursuant to section 3-3108.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.