- Part Number:1904
- Part Number Title:Recording and Reporting Occupational Injuries and Illnesses
- Subpart:1904 Subpart D
- Subpart Title:Other OSHA Injury and Illness Recordkeeping Requirements
- Standard Number:
- Title:Variances from the recordkeeping rule.
- GPO Source:
Basic requirement. If you wish to keep records in a different manner from the manner prescribed by the part 1904 regulations, you may submit a variance petition to the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, Washington, DC 20210. You can obtain a variance only if you can show that your alternative recordkeeping system:
Collects the same information as this part requires;
What do I need to include in my variance petition? You must include the following items in your petition:
A description of how your proposed procedures will collect the same information as would be collected by this part and achieve the purpose of the Act; and
How will the Assistant Secretary handle my variance petition? The Assistant Secretary will take the following steps to process your variance petition.
After reviewing your variance petition and any comments from your employees and the public, the Assistant Secretary will decide whether or not your proposed recordkeeping procedures will meet the purposes of the Act, will not otherwise interfere with the Act, and will provide the same information as the part 1904 regulations provide. If your procedures meet these criteria, the Assistant Secretary may grant the variance subject to such conditions as he or she finds appropriate.
If I apply for a variance, may I use my proposed recordkeeping procedures while the Assistant Secretary is processing the variance petition? No, alternative recordkeeping practices are only allowed after the variance is approved. You must comply with the part 1904 regulations while the Assistant Secretary is reviewing your variance petition.
If I have already been cited by OSHA for not following the part 1904 regulations, will my variance petition have any effect on the citation and penalty? No, in addition, the Assistant Secretary may elect not to review your variance petition if it includes an element for which you have been cited and the citation is still under review by a court, an Administrative Law Judge (ALJ), or the OSH Review Commission.
If I receive a variance, may the Assistant Secretary revoke the variance at a later date? Yes, the Assistant Secretary may revoke your variance if he or she has good cause. The procedures revoking a variance will follow the same process as OSHA uses for reviewing variance petitions, as outlined in paragraph 1904.38(b)(2). Except in cases of willfulness or where necessary for public safety, the Assistant Secretary will:
[66 FR 6132, Jan. 19, 2001]