Public notice of variances

OSHA must publish every final action granting a variance, limitation, variation, tolerance, or exemption in the FEDERAL REGISTER and the notice must state the alternative to the standard that the variance permits. The plain text of the rule requires publication of each final grant and that the notice "specify the alternative to the standard involved which the particular variance permits," so the Federal Register entry must describe what the employer is allowed to do instead of following the standard. See 1905.6.

Yes — 1905.6 requires that every final action granting a variance, limitation, variation, tolerance, or exemption under Part 1905 be published in the Federal Register, which covers temporary, permanent, and national defense variances when a final grant is issued. The regulation is written broadly to cover "every final action" granting these types of relief, so any final grant should appear in the Federal Register. See 1905.6 and the general Part 1905 rules at 1905.

The Federal Register notice must state the specific alternative to the standard that the variance permits. Section 1905.6's clear requirement is that every final action granting a variance "shall specify the alternative to the standard involved which the particular variance permits," so the published notice must identify the substitute conditions, practices, equipment, or limitations that the employer may use in place of the cited standard. See 1905.6.

No — 1905.6 requires publication that specifies the alternative permitted but does not itself require a detailed technical rationale in the Federal Register notice. The regulatory text states only that the final action be published and must specify the alternative to the standard; it does not prescribe the length or format of supporting rationale in that notice. For procedural and substantive evaluation details, Part 1905 and OSHA’s handling of variance applications describe what applicants must submit and how OSHA evaluates alternatives. See 1905.6 and the broader Part 1905 material at 1905.

If OSHA issues a final action that grants, modifies, or narrows a variance, that final action must be published in the Federal Register and specify the alternative permitted. Section 1905.6 applies to "every final action granting a variance, limitation, variation, tolerance, or exemption under this part," so any later final action that changes the terms of a previously granted variance and thereby grants a new or revised form of relief would meet the statute's requirement to be published. See 1905.6.

No — 1905.6 only requires publication of final actions that grant a variance, limitation, variation, tolerance, or exemption; it does not require publication of denials in the Federal Register. The rule's plain language focuses on final actions that grant relief rather than on administrative denials. See 1905.6.

You will find the official published text of a granted variance in the Federal Register, as required by 1905.6. The regulation mandates publication in the Federal Register and that the notice specify the alternative the variance permits; this Federal Register entry is the formal public record of the variance terms. See 1905.6.

Yes — the published Federal Register notice must specify the alternative to the standard involved, which means OSHA will identify the alternative methods, conditions, or equipment that the particular variance permits. The rule's wording requires the notice to set out the substitute approach that replaces compliance with the original standard. See 1905.6.

No — 1905.6 describes publication of final grants but does not create an entitlement to interim relief, and OSHA has stated in a letter of interpretation that interim relief provisions in Part 1905 are inoperative and the statute (Section 6(d)) does not provide for interim variances. Therefore, publication requirements apply when OSHA issues a final grant; employers should not assume interim orders are available simply because Part 1905 contains procedural text. See 1905.6 and the OSHA letter explaining that interim relief is not provided under section 6(d) at https://www.osha.gov/laws-regs/standardinterpretations/1995-05-25-1.

OSHA typically drafts the alternative narrowly and specifies the exact conditions, practices, or equipment the employer must use, because a variance must provide a level of protection at least equivalent to the standard it replaces; Part 1905 requires applicants to show how the proposed measures will achieve equivalent protection. That means the Federal Register notice will identify precise alternative measures that the employer is authorized to use instead of strict compliance with the standard. See 1905.6 and guidance about how OSHA evaluates variances at https://www.osha.gov/laws-regs/standardinterpretations/2001-04-06-0.

Yes — the regulation requires the notice to specify the alternative permitted, and that specification commonly includes the conditions, safeguards, and limitations the employer must meet to rely on the variance; OSHA expects the published alternative to set out the terms under which the employer may operate. See 1905.6.

No — a Federal Register notice specifies the alternative for the particular variance and the conditions under which that employer was granted relief; variances are typically narrow and tied to the applicant's specific operations and showing that alternatives provide equivalent protection. Other employers would generally need to apply for their own variance or rely on the terms of any publicly available programmatic relief; the narrow, case-specific nature of variances is reflected in OSHA's evaluations and in Part 1905 practice. See 1905.6 and guidance on how variances are evaluated at https://www.osha.gov/laws-regs/standardinterpretations/2001-04-06-0.

Yes — when OSHA grants a variance it must publish the final action in the Federal Register and specify the alternative that the variance permits, including detailed terms for operations like crane lifts over people if the variance covers that activity. OSHA's letters of interpretation discussing crane variances emphasize that an applicant must demonstrate alternatives that provide equivalent protection and that the variance will specify the conditions under which the alternative may be used. See 1905.6 and OSHA's discussion of variance applications and required demonstrations at https://www.osha.gov/laws-regs/standardinterpretations/1999-03-24 and https://www.osha.gov/laws-regs/standardinterpretations/1995-09-18.

If OSHA takes a final action to modify, suspend, or revoke a variance because the alternative no longer provides equivalent protection, that final action that grants or revises the employer's entitlement would be subject to the publication requirement in 1905.6 and should be published in the Federal Register specifying the new terms or revocation. The rule's publication requirement applies to final actions granting, limiting, or changing variance relief. See 1905.6.

In practice, "the alternative to the standard" is the specific substitute measures or limitations the employer may use instead of strict compliance — for example, engineered barriers, modified work procedures, monitoring systems, or compensatory safeguards — and OSHA will state those substitute measures in the Federal Register notice when it grants the variance. OSHA's interpretation letters about variances show that alternatives must be demonstrably equivalent in protection; applicants often propose precise engineering or administrative measures, and OSHA evaluates and then specifies them if a variance is granted. See 1905.6 and examples in OSHA letters on variance topics such as https://www.osha.gov/laws-regs/standardinterpretations/1996-05-29 and https://www.osha.gov/laws-regs/standardinterpretations/1995-09-18.

Section 1905.6 itself does not list prohibited alternatives, but Part 1905 and OSHA practice require the employer to demonstrate that the proposed alternative will provide employment and places of employment that are at least as safe and healthful as those required by the standard; OSHA has denied or narrowed variance proposals when the alternative did not provide equivalent protection. See 1905.6 and OSHA's guidance on variance evaluation at https://www.osha.gov/laws-regs/standardinterpretations/2001-04-06-0 and examples where applications were found inappropriate at https://www.osha.gov/laws-regs/standardinterpretations/1996-05-29.

Yes — applicants must present the conditions, practices, means, methods, operations, or processes they will use so OSHA can determine whether the proposed alternatives provide equivalent protection; the approved alternative (with its conditions) is what OSHA will specify in the Federal Register when it grants the variance. OSHA's application requirements and case examples make clear that the agency expects applicants to show how their proposal achieves equivalent safety, because that demonstration shapes the alternative that will be published. See 1905.6 and OSHA's discussion of variance application requirements at https://www.osha.gov/laws-regs/standardinterpretations/1995-09-18.

The Federal Register notice is the required public notice of any final grant under Part 1905 and must specify the alternative permitted; it serves as the formal public record of the granted terms, though OSHA may also maintain related administrative files and issue letters of interpretation or other documents. Section 1905.6 mandates publication in the Federal Register as the official public announcement of the variance terms. See 1905.6.

OSHA may consider prior interpretations and national office guidance when evaluating an application, but the Federal Register notice must reflect the agency's final action and the specific alternative it approves; national office interpretations supersede regional office letters where applicable, and the final published notice will be based on the agency's final determination. For example, OSHA has stated that National Office letters reflect current policy and supersede Regional Office letters on the same subject. See 1905.6 and OSHA's clarification that national LOIs supersede regional ones at https://www.osha.gov/laws-regs/standardinterpretations/2013-01-31-1.