Subpart B
Under 1905.16 the Assistant Secretary may consolidate proceedings on their own motion, and any party to a proceeding may also ask for consolidation. The regulation states that the Assistant Secretary “on his own motion or that of any party may consolidate or contemporaneously consider two or more proceedings which involve the same or closely related issues” (1905.16).
Under 1905.16 any two or more OSHA proceedings that involve the same or closely related issues may be consolidated or considered together. That includes administrative matters under Part 1905 such as applications for variances and other related proceedings so long as their issues are the same or closely related (1905.16). For example, variance applications governed by 29 CFR Part 1905 are the type of proceedings that can be considered together when they raise common legal or factual questions (Part 1905 overview).
Under 1905.16 a party may ask the Assistant Secretary to consolidate a variance request with another proceeding when the issues are the same or closely related. The rule explicitly allows consolidation at the request of any party or on the Assistant Secretary’s own motion (1905.16). If you are pursuing a variance under Part 1905, you should follow the Part 1905 procedures for your application and may contact the Office of Variance Determination for guidance on filing and related procedural requests (see general Part 1905 information).
Under 1905.16 consolidation does not change the legal standards that apply to each proceeding—each matter must still meet its governing requirements. Consolidation only allows OSHA to consider related matters together; it does not alter the substantive criteria (for instance, variance applicants must still show that alternative means provide protection at least equivalent to the standard from which a variance is sought) (1905.16; see variance guidance, e.g., Variance for crane load over people).
Under 1905.16 OSHA can consolidate proceedings that involve different employers so long as the proceedings "involve the same or closely related issues." The regulation does not limit consolidation to proceedings involving a single employer; the key test is whether the legal or factual issues overlap sufficiently to warrant joint consideration (1905.16).
Under 1905.16 consolidation can mean either combining the proceedings into one or contemporaneously considering them; the rule expressly allows the Assistant Secretary to "consolidate or contemporaneously consider" two or more proceedings that involve the same or closely related issues (1905.16). Whether OSHA consolidates hearings or simply coordinates consideration will depend on the specifics of the cases and the Assistant Secretary’s decision.
Under 1905.16 consolidation can let OSHA examine the common technical or legal questions raised by both variance applications together, which can promote consistent outcomes and avoid duplicative review. For example, multiple variance applicants proposing similar alternative safety methods (such as alternative controls for a lifting operation) could have their applications considered together so OSHA can evaluate the shared factual record and whether proposed alternatives meet the equivalence standard required for variances (1905.16; see discussion of variance equivalence in Variance for crane load over people).
Under 1905.16 consolidation itself does not create new interim relief authority, and OSHA has long held that the statute’s variance provisions do not authorize interim relief as part of permanent variance proceedings. In a past interpretation OSHA explained that although Part 1905 contains provisions that address interim relief, the Agency has concluded that the statute does not provide for interim relief under section 6(d), and the interim relief provisions are inoperative in that context (1905.16; see Variance request for safety valves).
Under 1905.16 parties do not forfeit their underlying legal rights simply because proceedings are consolidated; consolidation only affects how OSHA will process or consider the related matters together. Each proceeding still must be decided according to its governing standards and procedures (1905.16). If you have procedural questions about consolidation in a specific variance or application, you may consult the Part 1905 rules and, where applicable, the Office of Variance Determination for procedural guidance (Part 1905 overview).
Under 1905.16 OSHA can consolidate proceedings to coordinate review of alternative safety practices when the applications raise the same or closely related issues, which can help OSHA evaluate whether proposed alternatives provide a level of protection at least equivalent to the standard from which a variance is sought. Several letters interpreting variance practice stress that alternatives proposed in variance applications must demonstrate equivalent protection, and consolidation can make comparative review more efficient (1905.16; see discussion of alternative practices in Variance for crane load over people and variance application guidance references in other LOIs).
Under 1905.16 any party may request consolidation from the Assistant Secretary, and a practical step is to raise the consolidation request through the appropriate OSHA office handling the proceedings (for variance matters, that often means the Office of Variance Determination). The regulation allows consolidation either on the Assistant Secretary’s own motion or at the request of a party (1905.16); several OSHA letters about variances refer to contacting the Office of Variance Determination or the Directorate that handles variance applications for procedural guidance (see general Part 1905 information).