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U.S. Department of Labor | |
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| Occupational Safety & Health Administration | ||||||
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| <<< Variances | 
Printing Instructions
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Overview |
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Variances from the Occupational Safety and Health Administration (OSHA) standards are authorized under sections 6 and 16 of the Occupational Safety and Health Act of 1970 (OSHAct), and the implementing rules contained in the Code of Federal Regulations (29 CFR 1905). A variance may be requested by an employer or by a class of employers for specific workplaces. 
Requests for variance should be made as follows: for permanent variance [authorized by section 6(d) of the OSHAct] the requirements of 29 CFR 1905.11 are to be followed, while for temporary variance [authorized by section 6(b)(6)(A) of the OSHAct] the requirements of 29 CFR 1905.10 are applicable. There are also provisions in section 16 of the OSHAct (29 CFR 1905.12) for National Defense variances, and in section 6(b)(6)(C) of the OSHAct for variances allowing authorized experimentation. Each type variance is summarized below.Permanent Variance A permanent variance authorizes an alternative to a requirement of an OSHA standard as long as the applicant's employees are provided with employment and a place of employment equivalently safe and healthful. Two factors that must be addressed in the application are proof that the alternative is safe and healthful as the standard requirement, and that the employees have been appropriately notified of the request and of their rights. The final determination by the Assistant Secretary for grant of permanent variance is based upon the employer's application and evidence, an on-site visit to the workplace by OSHA representatives, as deemed necessary, and comments by employees and other interested parties. If the request is granted, the final order details the differences between the requirements of the standard and the alternative, and specifies the employer's responsibilities and requirements. Temporary Variance A temporary variance is designed to provide an employer time to come into compliance with the requirements of an OSHA standard subsequent to the effective date of a standard. The request must be made within a reasonable time after the promulgation and prior to the effective date of the standard. This limited-time temporary order is based upon the employer demonstrating inability to comply with the standard by its effective date for one of the reasons specified in the OSHAct. The applicant must also establish that his employees are being adequately protected against the hazards covered by the standard, and that he has an effective program for coming into compliance with the standard as quickly as possible. The employer must also notify his employees of the request and of their rights. The Assistant Secretary may issue a time-limited interim order pending the decision on the temporary variance, if such an order was requested by the applicant. Experimental Variance The Assistant Secretary is authorized to grant a variance whenever it is determined that such variance is necessary to permit an employer to participate in an experiment designed to demonstrate or validate new and improved techniques to protect the health or safety of workers. Variations, Tolerances, and Exemptions The Assistant Secretary, after notice and opportunity for a hearing, is permitted to grant reasonable variation, tolerance, or exception from the ACT's requirements in order to avoid serious impairment of the National Defense. Such grants shall not remain in effect for more than six months without further notifying affected employees and again affording the opportunity for a hearing. |
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| Page last updated: 11/02/2005 |
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