- Part Number:1905
- Part Number Title:Rules of Practice for Variances Limitations Variations Tolerances and Exemptions Under the Williams Steiger Occupational Safety and Health Act of 1970
- Subpart:1905 Subpart B
- Subpart Title:Applications for Variances, Limitations, Variations, Tolerances, Exemptions and Other Relief
- Standard Number:
- Title:Variances and other relief under section 6(b)(6)(A).
- GPO Source:
Application for variance. Any employer, or class of employers, desiring a variance from a standard, or portion thereof, authorized by section 6(b)(6)(A) of the Act may file a written application containing the information specified in paragraph (b) of this section with the Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor, Washington, DC 20210.
Contents. An application filed pursuant to paragraph (a) of this section shall include:
The applicant is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date;
He is taking all available steps to safeguard his employees against the hazards covered by the standard; and
He has an effective program for coming into compliance with the standard as quickly as practicable;
Application. An application may also be made for an interim order to be effective until a decision is rendered on the application for the variance filed previously or concurrently. An application for an interim order may include statements of fact and arguments as to why the order should be granted. The Assistant Secretary may rule ex parte upon the application.
Notice of denial of application. If an application filed pursuant to paragraph (c)(1) of this section is denied, the applicant shall be given prompt notice of the denial, which shall include, or be accompanied by, a brief statement of the grounds therefor.
Notice of the grant of an interim order. If an interim order is granted, a copy of the order shall be served upon the applicant for the order and other parties and the terms of the order shall be published in the FEDERAL REGISTER. It shall be a condition of the order that the affected employer shall give notice thereof to affected employees by the same means to be used to inform them of an application for a variance.
[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]