Requests for hearings

Under 1905.15(a), any affected employer, employee, or appropriate State agency having jurisdiction over the covered employment or places of employment may file a request for a hearing. The rule is explicit that requests can come from (1) affected employers, (2) affected employees, or (3) an appropriate State agency; the request must be filed with the Assistant Secretary in quadruplicate. See 1905.15(a).

A request for a hearing must be filed in writing with the Assistant Secretary and submitted in quadruplicate (four copies). The rule requires a written filing specifically "in quadruplicate," so do not send only a single or two copies. See 1905.15(a).

You must briefly describe the concrete ways the relief sought would affect you or your workplace. Give a short, factual account of how the proposed variance or relief changes conditions, operations, processes, numbers of employees exposed, or safety and health outcomes (for example: plant layout changes, specific tasks affected, equipment involved, and estimated numbers of affected workers). See 1905.15(b)(1).

Practical tips:

• Use bullet points for distinct facts (location, processes, who is exposed).
• Include measurable impacts (hours, number of employees, types of operations).
• Keep it concise and focused on actual effects rather than legal argument.

You must identify which statements or representations in the application you deny and give a concise summary of the evidence you would present to support each denial. That means naming the specific passages or claims you dispute and briefly summarizing the documents, witnesses, tests, or other evidence that will back up your denial. See 1905.15(b)(2).

Practical list:

• Quote or cite the specific sentence or paragraph you dispute.
• For each denial, list the types of supporting evidence (e.g., witness names, inspection reports, photos, measurements).
• Keep summaries short but concrete so the issues for hearing are clear.

You should give a clear, concise statement of your legal and factual positions and the reasons you believe the application should or should not be granted. Focus on the central legal issues (e.g., whether the proposed alternative provides an equivalent level of protection) and the factual bases (e.g., data, precedent, safety records) that support your position. See 1905.15(b)(3).

Practical tips:

• Begin with a one-sentence conclusion (grant/deny or what remedy you want).
• Provide 2–4 concise supporting points (law, facts, safety comparisons).
• Cite any relevant prior OSHA interpretations or regulations if available.

You must file your hearing request within the deadline specified in the public notice that announces the filing of the application; act promptly and check the notice for the exact cutoff date. The regulation requires compliance with whatever time period the notice sets, so you should obtain and follow that notice immediately. See 1905.15(a).

Practical steps:

• Locate the official notice of filing (often published by OSHA or in the Federal Register).
• Note the exact deadline and plan to deliver four copies before that date.
• If you're unsure of the deadline, call OSHA or counsel immediately—late filings risk being dismissed.

Yes; 1905.15(a) expressly allows an appropriate State agency having jurisdiction over employment or places of employment covered by the application to file a request for a hearing. A State agency with proper jurisdiction may therefore file in quadruplicate with the Assistant Secretary. See 1905.15(a).

Note: If you are unsure whether your State agency qualifies as the "appropriate" agency, contact OSHA or the state-plan office listed in OSHA materials (see LOI May 23, 2000 for discussion of state-plan distinctions: Combustible waste disposal requirements).

Filing a request for a hearing does not have to be done by an attorney; affected employers, employees, or State agencies may file on their own behalf. The regulation requires a written request in quadruplicate with the Assistant Secretary but does not mandate legal representation. See 1905.15(a).

Practical advice:

• While legal representation is not required, consider consulting counsel for complex factual or legal arguments, especially when preparing the summaries and evidence under 1905.15(b).

You should include the items listed in 1905.15(b) when you file, but agencies often allow parties to supplement or clarify filings where timely and justified; however you must act quickly to correct omissions. The regulation lists required contents, so failure to include them risks narrowing your position or requiring amendment—contact OSHA promptly to ask about supplementing your filing. See 1905.15(b).

Relevant guidance: When preparing variance-related materials, OSHA has emphasized that an application must show how proposed practices provide protection equivalent to the standard (see discussion of application content in the Variance request for crane safety memorandum).

Practical step: If you need to amend, submit the amendment in quadruplicate and explain why the addition is timely.

Filing a request for a hearing initiates the hearing procedure but does not automatically guarantee interim relief or stop all agency action on the application; interim relief procedures are limited and not always available. In particular, OSHA has explained that Section 6(d) does not provide for interim relief and that some interim-order provisions are inoperative, so you cannot rely on a hearing request alone to secure a suspension of the underlying process. See 1905.15(a) and the LOI on variances and interim relief (Variance request for safety valves).

Practical note: If immediate relief is needed, state your emergency concerns clearly in your filing and consult counsel about available administrative or court remedies.

An applicant must explain how the proposed conditions, practices, means, methods, operations, or processes will provide employees with employment and places of employment that are as safe and healthful as those required by the standard. The application should include technical data, engineering analyses, tests, operational controls, monitoring plans, and any other evidence showing equivalence of protection. See 1905 and related guidance in variance letters such as the Variance for crane load over people.

Practical elements to include:

• Engineering reports, drawings, or calculations.
• Operating procedures and training plans.
• Monitoring, inspection, and maintenance schedules.
• Data or studies showing safety outcomes comparable to compliance with the standard.

You should briefly list the types of evidence (for example: expert reports, test results, inspection records, photographs, and the names of witnesses) and indicate which claim or representation each piece of evidence will rebut. The regulation asks for a concise summary of the evidence supporting each denial so the issues for the hearing are made clear. See 1905.15(b)(2).

Suggested format:

• Denied claim: "Applicant states X"
• Evidence summary: "We will offer an engineering report by Dr. X (topic), maintenance logs showing Y, and testimony from two witnesses who observed Z."

The regulation requires a written request filed in quadruplicate with the Assistant Secretary, so an oral-only request is not sufficient to meet 1905.15(a). While email may be used for communication with OSHA, to satisfy the quadruplicate filing requirement you should file a formal written document and confirm acceptable delivery methods with OSHA. See 1905.15(a).

Practical tip: Contact OSHA to confirm whether electronic submission is accepted and how to provide four identical copies for the record.

You should file the quadruplicate written request with the Assistant Secretary for Occupational Safety and Health (the official responsible for administering Part 1905 procedures). The regulation requires filing with the Assistant Secretary; check OSHA's current contact information or the Federal Register notice for the proper mailing address or e-filing instructions. See 1905.15(a).

Practical step: Before sending, call OSHA or visit the OSHA website to confirm the current office address and any required filing format to avoid delays or misfiling.

No; 1905.15(a) specifically authorizes "an appropriate State agency having jurisdiction" to file a request for a hearing with the Assistant Secretary, but the rule itself requires filing with OSHA's Assistant Secretary rather than substituting state-only procedures. If a State agency chooses to participate, it must file with OSHA in quadruplicate as the regulation prescribes. See 1905.15(a) and related discussion of state-plan distinctions in LOIs such as Combustible waste disposal requirements.

Practical note: Coordinate between state and federal offices early so the State agency's interests are timely presented to OSHA.

Requesting a hearing on someone else's application asks OSHA to consider contested issues about that application, while applying for a variance yourself seeks permission for your own alternative practice; each process has different required contents and legal standards. The variance application process (Part 1905) requires an applicant to demonstrate that alternative practices provide an equivalent level of protection, whereas a hearing request under 1905.15(a) raises issues about another party's application. See 1905 and guidance such as the Variance for crane load over people.

Practical distinction:

• If you want the alternative for your own operations, apply for a variance under Part 1905.
• If you oppose or seek changes to someone else’s application, file a hearing request under 1905.15.