Variance procedures overview

A variance from Parts 1915–1918 may be granted in the same circumstances that variances are granted under sections 6(b) or 6(d) of the Occupational Safety and Health Act. See 1920.2(a) and follow the procedures in Part 1905.

• These are the legally recognized grounds for variances under the Longshoremen’s and Harbor Workers’ Compensation Act and mirror the OSH Act standards for permanent (section 6(b)) and temporary (section 6(d)) relief.
• For the detailed application steps and criteria (what to include, evidence needed, public notice/hearing requirements), use the procedures published in Part 1905.

You must follow the variance application procedures in Part 1905 when requesting a variance from Parts 1915–1918, as required by 1920.2(a).

• Submit a written request consistent with the instructions in Part 1905, which explains the evidence and rationale you must provide (for example, why compliance is infeasible or why an alternative method provides equivalent protection).
• Follow the procedural steps in Part 1905 for notice, possible hearings, and agency review—these steps determine whether a variance will be granted, modified, or denied.

Yes. Any request for a variance under Part 1920 is also treated as a request for a variance under the Occupational Safety and Health Act. See 1920.2(b).

• That means your application will be considered under both the Longshoremen’s and Harbor Workers’ Compensation Act procedures and under the OSH Act procedures reflected in Part 1905.
• Filing one request avoids duplicative filings and ensures all relevant authorities review the same material.

A variance from 1910.13 through 1910.16 that adopt Parts 1915–1918 is deemed a variance from the 1910 standard under both the Longshoremen’s and Harbor Workers’ Compensation Act and the OSH Act. See 1920.2(b) and consult the applicable 1910.13–1910.16 sections for which parts they adopt.

• Practically, this means an approved variance affects employer obligations under the adopting 1910 provision as well as under the original 1915–1918 provisions.
• When preparing an application, identify clearly which adopted 1910 provisions are implicated so agency reviewers can apply the variance consistently.

Yes. Temporary variances can be granted under circumstances comparable to those in section 6(d) of the OSH Act when immediate compliance would cause serious hardship, or when temporary relief is needed while achieving compliance would present greater hazards; follow the procedures in Part 1905 and 1920.2(a).

• Your application should document why compliance cannot be achieved immediately and show the timeframe and controls you will use during the temporary relief period.
• The agency evaluates whether the temporary measures still assure employee protection consistent with the standard’s purpose, per the Part 1905 procedures.

An employer (or the employer’s authorized representative) who is covered by Parts 1915–1918 may apply for a variance using the procedures in Part 1905, as reflected by 1920.2(a).

• Applications are typically submitted by the employer responsible for the workplace where the standard applies; authorized representatives may act on the employer’s behalf.
• Be sure to follow the submission, documentation, and service requirements set out in Part 1905 so the application is processed promptly.

No. A variance only relieves you from the specific regulatory provisions listed in the variance; all other OSHA requirements remain in effect. See 1920.2 and the procedural rules in Part 1905.

• The variance will state exactly which provisions are waived and may require alternative protective measures or conditions to ensure worker safety.
• Employers must continue to comply with any other applicable standards and obligations not specifically covered by the variance.

Variance procedures include public notice and, where appropriate, opportunities for hearings or comment as set out in Part 1905; 1920.2(a) points you to those procedures.

• Depending on the type of variance (temporary vs. permanent) and the agency’s procedures, there may be public notice of the application and an opportunity for interested parties to comment or request a hearing under Part 1905.
• Consult Part 1905 for the specific notice and comment steps that apply to your application.

The duration, renewal, and modification terms of variances follow the rules in Part 1905 as referenced by 1920.2(a).

• Temporary variances are granted for a limited period and may include conditions; permanent variances remain in effect until revoked or modified by the agency.
• If conditions change, you may apply for modification or renewal under the procedures in Part 1905, and OSHA will evaluate requests according to the rule’s criteria.

The official instructions and procedural details for submitting a variance application are in Part 1905, which 1920.2(a) designates as the procedures to use.

• Consult Part 1905 for required documentation, where to send applications, and any agency contact information.
• If you need help interpreting the procedural rules, the Part 1905 text is the authoritative source and should be consulted before filing.

Yes. An approved variance may specify alternative protective measures or conditions that your workplace must follow to ensure employee safety in lieu of strict compliance with the original provision, consistent with the procedures in Part 1905 and 1920.2(a).

• The variance decision will identify what is being waived and what alternative protections (engineering controls, administrative measures, PPE, monitoring, etc.) are required.
• You must meet any conditions set forth in the variance; failing to do so can subject you to enforcement for the underlying standard.

Procedures for reconsideration, appeals, or requesting a reconsideration of a variance decision are described in Part 1905; 1920.2(a) directs you to those procedures.

• Follow the appeal or reconsideration steps in Part 1905, which explain timelines, how to submit new evidence, and the process for administrative review.
• Timely compliance with filing deadlines in Part 1905 is essential to preserve your right to challenge a decision.

The variance framework in 1920.2 points to federal procedures in Part 1905, but State Plan states administer their own OSHA-approved programs that must be at least as effective as federal OSHA and may have different procedures.

• If you operate in a State Plan state, check that state’s variance procedures because some States have their own application steps, forms, or standards that differ from federal Part 1905.
• When in doubt, contact the appropriate State Plan agency; federal 1920.2 does not override State Plan procedural rules.

Your application should clearly document why the standard cannot be met and show that your proposed alternative provides equal or greater protection; follow the documentation guidance in Part 1905 as referenced by 1920.2(a).

• Include factual evidence (engineering analyses, testing data, operational constraints), a timeline for implementing alternatives, and explanation of how worker safety will be maintained.
• Demonstrate that the proposed measures address the hazards the original standard targets and meet the statutory criteria for variances described in Part 1905.