Variance application procedures

A variance is official OSHA permission to use a different method or time frame than the standard requires when compliance as written is not possible or would cause undue hardship. Under 1905 Subpart B, employers seek a variance when they cannot comply with a standard’s specific requirement but can demonstrate an alternative that assures equal or greater employee protection, or when they need more time to come into compliance.

Only the employer (or their authorized representative) responsible for complying with the OSHA standard may file a variance application. The rule in 1905 Subpart B requires the party seeking relief to be the one who will be bound by any variance issued.

You must provide factual evidence showing that the alternative method will provide employee protection at least equal to the standard or show that compliance is not feasible; include details, supporting data, and proposed conditions. The content requirements are set out in 1905 Subpart B, which explains that an application should describe the variance requested, state reasons, include evidence, and propose any monitoring, records, or reporting needed to ensure safety.

A temporary variance application must show why immediate compliance is not possible and present a plan with interim protective measures and a timetable to achieve full compliance. 1905 Subpart B requires applicants to explain the reasons for the delay, describe alternative protections during the temporary period, and provide a proposed schedule and supporting facts.

Filing an application does not automatically excuse noncompliance; however, OSHA may grant a temporary variance that allows limited relief while the application is processed if specific criteria are met. The procedures and possible temporary relief during review are described in 1905 Subpart B. Employers should not assume relief until OSHA issues a temporary or permanent variance.

The employer must show with evidence that compliance is technologically or economically infeasible and that the alternative proposed will provide protection at least equal to the standard. The burden of proof and the need for supporting facts are detailed in 1905 Subpart B. Include data, expert analysis, and practical explanations to support infeasibility claims.

Yes; variance applications are subject to public notice and may include an opportunity for hearing before a final decision is made. The public process and hearing procedures are set forth in 1905 Subpart B, which explains how OSHA gives notice and handles interested-party participation.

Yes; OSHA can grant a variance with specific terms, conditions, monitoring requirements, recordkeeping, or time limits to ensure employee safety. The authority to issue variances with conditions is provided in 1905 Subpart B, and applications should propose or accept such safeguards if needed.

If new information indicates the variance no longer ensures adequate protection, OSHA may modify, suspend, or revoke the variance to protect employees. 1905 Subpart B gives OSHA authority to change or withdraw variances when necessary for safety.

Yes; employers must maintain whatever records and reports OSHA requires as conditions of the variance to demonstrate continued protection of employees. The recordkeeping and reporting obligations tied to variances are part of the procedures in 1905 Subpart B. Keep records organized and available for OSHA review.

Yes; a variance can apply only to specified operations, processes, or locations, and OSHA may narrowly tailor relief to the circumstances described in the application. The flexibility to limit variances to particular activities is described in 1905 Subpart B. Clearly define scope in the application to avoid misunderstandings.

Timing varies based on complexity, completeness of the application, and whether hearings or public comment are needed, so there is no fixed decision period. The procedural framework and possible stages that affect timing are set out in 1905 Subpart B. Submit thorough documentation to help speed review.

Yes; an applicant may withdraw a variance request at any time prior to a final decision. The process for withdrawal and any effects on future applications are governed by the procedures in 1905 Subpart B. Notify OSHA in writing to document the withdrawal.

Variances are issued to the specific employer who applied and are not automatically transferable; the new owner should consult OSHA about continuing the variance or applying for a new one. The rules on who is bound by and who may hold variances are in 1905 Subpart B. Communicate changes in ownership to OSHA promptly.

Yes; an employer can request modification or extension of a variance, but they must submit a new application or amendment showing why the change is needed and how it will continue to protect employees. Procedures for modifying variances are described in 1905 Subpart B. Provide updated facts and any new monitoring plans.

Cost alone is not usually sufficient to justify a variance; the applicant must show that compliance is infeasible or that the alternative method provides equal or greater protection even if cost is a factor. The standards’ approach to feasibility and alternatives is explained in 1905 Subpart B. Provide clear evidence linking cost concerns to feasibility or to a viable alternative.

Yes; OSHA provides notice so interested parties, including employees and their representatives, have an opportunity to comment or request a hearing on a variance application. The public participation and notice procedures are included in 1905 Subpart B. Employers should be prepared for stakeholder input.

A permanent variance can allow a long-term alternative to the standard when the applicant demonstrates equal or greater protection, but variances are not a routine substitute for meeting standards; they’re exceptional relief reserved for justified cases. The criteria and limited nature of variances are described in 1905 Subpart B. Expect close scrutiny by OSHA.

The employer bears the burden to prove that the requested variance is warranted by submitting factual, technical, and legal support demonstrating infeasibility or that the alternative provides equivalent or superior protection. This allocation of responsibility is set out in 1905 Subpart B. Be thorough and specific in your documentation.