Subpart A
The Assistant Secretary has the authority to revise, amend, or revoke any provisions of Part 1905 at any time, either on the Assistant Secretary's own motion or in response to a written petition from any person. See 1905.4.
Yes. Anyone may submit a written petition requesting revision, amendment, or revocation of provisions in Part 1905, and the Assistant Secretary may act on such a petition or on the Assistant Secretary's own motion. See 1905.4.
No. 1905.4 only states that the Assistant Secretary may act on the Assistant Secretary's own motion or upon a written petition; it does not set out the detailed procedures, timelines, or application forms. For application procedures and the rules governing variances and petitions under Part 1905, consult the full Part 1905 regulatory procedures.
Yes — an employer can apply for a variance when it cannot meet and maintain a specific OSHA requirement, but until a variance is granted the employer remains out of compliance. OSHA treats minimum requirements (like the two-inch lateral clearance for certain cranes) as mandatory; if an employer cannot meet them they may request a permanent variance and must demonstrate an alternate approach that provides at least equivalent protection. See the overhead crane discussion and variance guidance in the 2001 overhead crane lateral clearance interpretation and general Part 1905 procedures.
OSHA recognizes three types of variances: temporary variances, permanent variances, and variances for reasons of national defense. These forms and how they are considered are described in the Part 1905 variance framework referenced in OSHA guidance. See the overhead crane lateral clearance interpretation and general Part 1905 rules.
An employer seeking a permanent variance must show that the alternative practices, equipment, or procedures the employer uses or proposes will provide a workplace that is as safe and healthful for employees as would compliance with the standard from which the variance is sought. See the variance application requirements discussed in the 1995 memorandum on variance applications and the general Part 1905 procedures.
No — OSHA has explained that section 6(d) of the Act does not provide for interim relief and that the provisions of 29 CFR 1905.11 addressing interim relief are effectively inoperative; therefore employers generally cannot rely on OSHA to provide interim relief while a permanent variance is under review. See the 1995 variance request response regarding safety valves and the general Part 1905 rules.
Regional office letters of interpretation are not the final, authoritative OSHA position when a National Office interpretation is issued; the National Office's letters of interpretation reflect OSHA's current policy and can supersede regional guidance. See the national clarification about ladder requirements in the 2013 wind turbine fixed ladder interpretation.
You can achieve compliance by fitting deflector plates at the specified angle where protruding hazards occur near the climbing side of the ladder; OSHA explains that deflector plates placed at a 60-degree angle will meet the requirements when flange protrusions reduce clearance. See the fixed ladders in wind turbines interpretation which references the fixed-ladder requirements and deflector plate placement guidance.
The two-inch lateral clearance is treated as a minimum that must be provided and maintained; if the employer cannot meet or maintain that requirement it is a violation unless a variance is obtained. The employer may apply for a permanent variance under Part 1905, but until OSHA grants a variance the employer must comply with the standard. See the 2001 overhead crane lateral clearance interpretation and general Part 1905 procedures.
An employer may apply for a variance to permit certain practices that otherwise conflict with OSHA standards (for example, carrying loads over employees in limited, engineered conditions), but the employer must submit a written variance application demonstrating how the proposed practices provide an equivalent level of safety; OSHA will evaluate the request on its merits. See the 1999 interpretation about crane loads over people and variance applications and the general Part 1905 rules.
OSHA expects the variance applicant to provide a detailed statement showing how the conditions, practices, means, methods, operations, or processes used or proposed will provide employment and places of employment that are as safe and healthful as those required by the standard from which the variance is sought. This requirement is described in guidance discussing Part 1905 application content. See the 1995 memorandum on variance applications and general Part 1905 procedures.
No. Employers are subject to citation if electrical installations (including MCC clearances) violate the installation requirements; safety-related work practices do not substitute for compliance with installation requirements. If physical compliance is infeasible, the employer may pursue a variance under Part 1905. See the 1996 energized control circuits interpretation and general Part 1905 rules.
If de-energizing a circuit is infeasible based on job-specific conditions, OSHA treats infeasibility on a case-by-case basis and requires that the employer follow the safety-related work practice rules that apply when live parts must remain energized (for example, specific procedures in 1910.333), while ensuring circuits designated as deenergized meet lockout/tagout requirements. See the 1996 energized control circuits interpretation.
Yes. OSHA evaluates variance proposals by considering worst-case scenarios to determine whether the proposed alternative would provide a level of safety and health at least equivalent to the standard; OSHA will deny a variance if the alternative would not provide equivalent protection in realistic worst-case situations. See the 1996 digester building exits variance response and the general Part 1905 procedures.
No. Employers must comply with applicable OSHA standards. A regional letter or reference to an ANSI standard does not override or excuse compliance with a current OSHA standard; national OSHA interpretations and the standard text control. For example, OSHA clarified that wind turbine ladders must meet 29 CFR 1910.27 requirements despite earlier regional letters citing ANSI A-14.3. See the fixed ladders in wind turbines interpretation.
OSHA does not require combustible waste to be transported to its ultimate disposal destination daily; the daily disposal requirement is satisfied by placing combustibles in covered metal receptacles at or near the point of generation (for example, a covered 55-gallon metal drum). See the combustible waste disposal interpretation and related OSHA regulations. Refer also to environmental agency rules where overlap exists.
No — guardrail toprails may not be lower than 36 inches. If the standard guardrail configuration is not feasible due to equipment design (for example, rung spacing), employers must use a different guardrail system or use approved personal fall protection systems with adequate anchorage. OSHA notes the minimum toprail is 36 inches and that toprails may be raised above the usual maximum where necessary; alternatives or personal fall arrest systems may be used if they provide equivalent protection. See the scaffold safety requirements interpretation.
OSHA letters of interpretation are the Agency's official explanations of how it interprets standards for particular fact patterns and are important guidance, but they do not by themselves create new legal obligations beyond the standards; they explain how OSHA applies rules and can inform compliance decisions. Many of the letters in this collection begin with language stating they are OSHA interpretations of the requirements discussed. See, for example, the national position in the fixed ladders in wind turbines interpretation and other letters linked to Part 1905 guidance.