Modification or revocation.
An affected employer or an affected employee may apply in writing to the Assistant Secretary of
Labor for Occupational Safety and Health for a modification or revocation of a rule or order issued under section 6(b)(6)(A), 6(d), or 16 of the Act.
The application shall contain:
The name and address of the applicant;
A description of the relief which is sought;
A statement setting forth with particularity the grounds for relief;
If the applicant is an employer, a certification that the applicant has informed his affected
employees of the application by:
Giving a copy thereof to their authorized representative;
Posting at the place or places where notices to employees are normally posted, a statement
giving a summary of the application and specifying where a copy of the full application may be examined (or, in lieu of the summary, posting the
application itself); and
Other appropriate means.
If the applicant is an affected employee, a certification that a copy of the application has been
furnished to the employer; and
Any request for a hearing, as provided in this part.
The Assistant Secretary may on his own motion proceed to modify or revoke a rule or order issued
under section 6(b)(6)(A), 6(d), or 16 of the Act. In such event, the Assistant Secretary shall cause to be published in the FEDERAL REGISTER a notice
of his intention, affording interested persons an opportunity to submit written data, views, or arguments regarding the proposal and informing the
affected employer and employees of their right to request a hearing, and shall take such other action as may be appropriate to give actual notice to
affected employees. Any request for a hearing shall include a short and plain statement of:
How the proposed modification or revocation would affect the requesting party; and
What the requesting party would seek to show on the subjects or issues involved.
Renewal. Any final rule or order issued under section 6(b)(6)(A) or 16 of the Act may be renewed or
extended as permitted by the applicable section and in the manner prescribed for its issuance.
Multi-state variances. Where a Federal variance has been granted with multi-state applicability,
including applicability in a State operating under a State plan approved under section 18 of the Act, from a standard, or portion thereof, identical
to a State standard, or portion thereof, without filing the information required in §1905.10(b)(11) or §1905.11(b)(8) of this chapter, such variance
shall likewise be deemed an authoritative interpretation of the employer(s)' compliance obligations with regard to the State standard, or portion
thereof, upon filing the information required under §1905.10(b)(11) or §1905.11(b)(8) of this chapter, provided no objections of substance are found to
be interposed by the State authority under §1905.14 of this chapter.
[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]