September 27, 2012
Contact: Office of Communications
OSHA provides expanded information on variance procedures
Updated website provides stakeholders with approved and denied requests
WASHINGTON – The Occupational Safety and Health Administration (OSHA) has enhanced its variances Webpage to improve public understanding of the variance approval process and increase access to the Agency's decisions on variance requests. The page now lists both denied and approved requests and provides information to employers on submitting formal requests for a variance from an OSHA workplace standard.
A variance is a regulatory action that permits an employer to deviate from the requirements of an OSHA standard under specified conditions. A variance does not provide an outright exemption from a standard, except in cases involving national defense.
Employers can request a variance for many reasons, including not being able to fully comply on time with a new safety or health standard because of a shortage of personnel, materials, or equipment. Employers may prefer to use methods, equipment, or facilities that they believe protect workers as well as, or better than, OSHA standards. OSHA may grant a variance to employers when they can prove that their proposed methods, conditions, practices, operations, or processes provide workplaces that are at least as safe and healthful as the workplaces provided by the OSHA standards from which they are seeking the variance.
Until recently, only approved variance cases were available on the Webpage. The newly available information about denied applications illustrates which requirements businesses have failed to meet when applying for a variance. OSHA's variance Webpage also provides background on variance rules and instructions on how to apply for a variance. More information about types of variances is available on OSHA's variance fact sheet (PDF*).
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
U.S. Labor Department news releases are accessible on the Internet at www.dol.gov. The information in this release will be made available in alternative format upon request (large print, Braille, audiotape or disc) from the Central Office for Assistive Services and Technology. Please specify which news release when placing your request. Call 202-693-7828 or TTY 202-693-7755.
* Accessibility Assistance Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.