|
U.S. Department of Labor | |
||||
| Occupational Safety & Health Administration | ||||||
 |
| <<< Variances | 
Printing Instructions
|
|
How to Apply |
|
|
While there is no specific form for a variance application or other documents which may be filed with the application, if the procedures noted in the following references are followed the applicant should have no difficulty:
A typewritten original and six copies of the application and any other documents for submission shall be signed and filed by an authorized representative of the applicant. The application should be addressed to the Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor, but sent under cover addressed as follows:
Office of Technical Programs and Coordination Activities Room N3655 200 Constitution Avenue, NW Washington, D.C. 20210 Please note, if the facility for which a variance is requested is located solely within the jurisdiction of a state or territory with an approved plan (approved under Section 18 of the OSH Act), the variance application should be sent directly to the state or territory. Some 25 states and territories at present have OSHA-approved safety and health plans, which permits them to enforce health and safety regulations with their own compliance officials. However, if you are requesting the same variance for multiple facilities, at least one of which is located in a state or territory not having an approved plan, then the entire application should be sent to the Assistant Secretary at the address shown above. Care should be taken, however, to follow the specific requirements for this situation, detailed in 29 CFR 1905.10(b)(11) and 29 CFR 1905.11(b)(8). (See Fact Sheet No. OSHA 93-22). At times, a number of employers in the same industry and desiring the same variance may utilize a single source, such as an association of which they are members, as the focal point for coordinating the filing of their applications. This is acceptable as long as each employer prepares an individual application as prescribed above. Upon receipt of an application in the Office of Technical Programs and Coordination Activities, a preliminary review is made for procedural accuracy to assure that all required data has been submitted. A technical evaluation is then made of the substance of the variance request to determine the necessity of utilizing the variance procedure. At times, a request may be satisfactorily and expeditiously resolved by clarification of the issues. Where this is not feasible, and the variance application is deemed adequate, a Notice of the filing of the application is published in the Federal Register. Such Notice is a summary of the substance of the application and invites comments from interested parties. In addition, if an Interim Order had been requested to provide relief to the applicant pending a decision the request for temporary variance, 29 CFR 1905.10(c),(1) and judged as necessary by the Assistant Secretary, it would be published as part of the above discussed Notice. Copies of the application would be made available at appropriate OSHA Regional and Area Offices for public viewing. Confidentiality of any trade secrets would be maintained as provided for in Section 15 of the OSH Act. After the prescribed comment period has elapsed, the Assistant Secretary shall determine the credibility of any requests which may have been made for a hearing. Finally, the Office of Technical Programs and Coordination Activities will make a recommendation to the Assistant Secretary for grant or denial of the variance request, taking into account written comments, OSHA Regional and Area Office appraisals, results of any hearing, and any additional information received as a result of a variance inspection. If the decision of the Assistant Secretary is favorable, the final order to grant the variance is published in the Federal Register. If the determination is to disapprove the request, a letter of denial is sent to the applicant stating the rationale for the decision. The applicant may submit a new variance application containing additional information for evaluation, without prejudice. If the applicant desires to contest a denial, a hearing may be requested. (1) An interim order is applicable only in conjunction with a request for temporary variance. The references to the applicability of interim orders in combination with requests for permanent [29 CFR 1905.10(c)] and National Defense variances [29 CFR 1905.12(c)] are incorrect and will be eliminated when 29 CFR 1905 is next revised. |
|
| Page last updated: 09/15/2003 |
 Back to Top
 www.osha.gov
|
www.dol.gov | |
|
Contact Us | Freedom of Information Act | Customer Survey Privacy and Security Statement | Disclaimers |
||
| Occupational Safety & Health Administration 200 Constitution Avenue, NW Washington, DC 20210 |
||
