Subpart B
Any person or class of persons may file an application for a limitation, variation, tolerance, or exemption under 1905.12(a). See Application in 1905.12(a) for the filing requirement and recipient (Assistant Secretary for Occupational Safety and Health).
An application must include the applicant's name and address and the address of the place or places of employment involved. See 1905.12(b)(1) and (b)(2) and [https://www.osha.gov/laws-regs/regulations/standardnumber/1905/1905.12#1905.12(b)(2)].
The applicant must specify the exact provision of the Act or standard to or from which they seek a limitation, variation, tolerance, or exemption. See 1905.12(b)(3).
The applicant must include a representation showing that the limitation, variation, tolerance, or exemption sought is necessary and proper to avoid serious impairment of the national defense. See 1905.12(b)(4).
The application should include any request for a hearing as provided in Part 1905; include an explicit statement in the application that you are requesting a hearing. See 1905.12(b)(5) and follow Part 1905 procedures for hearings.
The application must describe how employees have been informed of the application and of their right to petition the Assistant Secretary for a hearing. See 1905.12(b)(6). Examples include notices posted at the workplace, handouts, payroll inserts, or meetings explaining the application and the right to petition.
You may file an application for an interim order concurrently with, or after, a variance (limitation/variation/tolerance/exemption) application to have temporary relief effective until a decision is rendered on the underlying application. See Interim order 1905.12(c)(1).
Yes, the Assistant Secretary may rule ex parte on an interim order application, meaning the Assistant Secretary can act without holding a hearing or receiving input from other parties. See 1905.12(c)(1).
If an interim order application is denied, the applicant must be given prompt notice of the denial that includes or is accompanied by a brief statement of the grounds for denial. See 1905.12(c)(2).
If an interim order is granted, a copy of the order will be served on the applicant and other parties and the terms will be published in the FEDERAL REGISTER; the employer must notify affected employees by the same means used to inform them of the application. See 1905.12(c)(3).
An application must be filed with the Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor, Washington, DC 20210, as stated in 1905.12(a).
A permanent variance application must demonstrate that the conditions, practices, methods, or operations used or proposed will provide workplaces that are as safe and healthful as those required by the standard being waived. See 1905 (Part overview) and the Variance for crane load over people LOI (1999) explaining the need to show alternatives provide equivalent protection.
An interim order application may include statements of fact and legal or technical arguments explaining why the order should be granted; these help the Assistant Secretary evaluate the need for temporary relief. See 1905.12(c)(1).
Acceptable ways include posting notices at the workplace, distributing written notices to affected employees, holding safety meetings, or sending mailings—any practical method that reasonably notifies employees of the application and their right to petition. See 1905.12(b)(6).
Filing an interim order asks that temporary relief be effective until a decision is rendered on the underlying application, but the Assistant Secretary may deny the interim order or set conditions; an interim order is not guaranteed. See 1905.12(c)(1)–(c)(3).
No, Regional Office letters of interpretation do not override National Office positions; national-level interpretations and standards govern variance and coverage questions. See the Fixed ladders in wind turbines LOI (2013) explaining that National Office LOIs reflect current policy and supersede regional LOIs.
OSHA can grant permanent variances, temporary variances, and variances for reasons of national defense; these types and procedures are described in Part 1905. See Part 1905 overview.
If the applicant cannot show an alternative provides protection at least equivalent to the standard, OSHA is likely to deny the variance application; applicants must demonstrate equivalent safety or health protection. See the Variance for crane load over people LOI (1999) and Part 1905 overview.
No; although 1905.12(c)(1) permits applying for interim orders, OSHA has taken the position in other guidance that section 6(d) does not itself provide for interim relief and that interim procedures are narrow—applicants should not assume interim relief will be granted. See 1905.12(c)(1) and the Variance request for safety valves LOI (1995) regarding interim relief considerations.
When an interim order is granted, a copy must be served on the applicant and other parties, and the terms of the order will be published in the FEDERAL REGISTER. See 1905.12(c)(3).
Yes; applicants often need to provide technical, engineering, or process information showing how proposed methods provide protection equivalent to the standard, because OSHA evaluates whether alternatives achieve comparable safety. See Part 1905 overview and the Digester building exits LOI (1996) where OSHA evaluated technical evidence when considering a variance.
Independent engineering analysis or testing can be important evidence in a variance application to show that alternative equipment or procedures will provide protection equivalent to the standard; OSHA considers such technical proof when evaluating applications. See Part 1905 overview and the Digester building exits LOI (1996) for how OSHA weighed engineering considerations.