- 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:Action on applications.
- GPO Source:
If an application filed pursuant to § 1905.10(a), § 1905.11(a), § 1905.12(a), or § 1905.13 does not conform to the applicable section, the Assistant Secretary may deny the application.
Adequate applications.
A reference to the section of the Act under which the application has been filed;
An invitation to interested persons to submit within a stated period of time written data, views, or arguments regarding the application; and
Information to affected employers, employees, and appropriate State authority having jurisdiction over employment or places of employment covered in the application of any right to request a hearing on the application.
Where the requested variance, or any proposed modification or extension thereof, involves a Federal standard, or any portion thereof, identical to a State standard, or any portion thereof, as provided in §§ 1905.10(b)(11) and 1905.11(b)(8) of this chapter, the Assistant Secretary will promptly furnish a copy of the application to the appropriate State authority and provide an opportunity for comment, including the opportunity to participate as a party, on the application by such authority, which shall be taken into consideration in determining the merits of the proposed action.
A copy of each final decision of the Assistant Secretary with respect to an application filed under § 1905.10, § 1905.11, or § 1905.13 shall be furnished, within 10 days of issuance, the State authorities having jurisdiction over the employment or place of employment covered in the application.
[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]