Application. Any person, or class of persons, desiring a limitation, variation, tolerance, or
exemption authorized by section 16 of the Act may file an 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, D.C. 20210.
Contents. An application filed pursuant to paragraph (a) of this section shall include:
The name and address of the applicant;
The address of the place or places of employment involved;
A specification of the provision of the Act to or from which the applicant seeks a limitation,
variation, tolerance, or exemption;
A representation showing that the limitation, variation, tolerance, or exemption sought is necessary
and proper to avoid serious impairment of the national defense;
Any request for a hearing, as provided in this part; and
A description of how employees have been informed of the application and of their right to petition
the Assistant Secretary for a hearing.
Interim order --
Application. An application may also be made for an interim order to be effective until a decision
is rendered on the application for the limitation, variation, tolerance, or exemption 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
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
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.