Variance procedures for construction

Yes. Employers may request variances from standards in Part 1926, and those variances are handled under the same legal circumstances as variances under the Williams‑Steiger Act, using the procedures published in Part 1905.

• Follow the procedures described in Part 1905 when preparing and filing a variance request, because 1926.2(a) says the Part 1905 procedures apply.
• The standard text ties the availability of variances to the statutory provisions in section 6(b)(A) or 6(d) of the Williams‑Steiger Act, so your request should address the factual and legal bases those provisions require (see 1926.2(a)).

Yes. A variance request under Part 1926 is also considered a request for a variance under the Williams‑Steiger Occupational Safety and Health Act.

• 1926.2(b) explicitly states that any requests under this section "shall also be considered requests for variances under the Williams‑Steiger Occupational Safety and Health Act of 1970."
• Prepare your submission to meet requirements applicable under both the construction regulations and the statutory provisions the standard references (see 1926.2(b)).

Yes. A variance from a construction safety or health standard in Part 1926 that is incorporated by reference in Part 1910 is deemed a variance from the standard under both the Construction Safety Act and the Williams‑Steiger Act.

• 1926.2(b) makes this cross‑coverage explicit: if the construction standard is incorporated into Part 1910, the variance applies to both.
• For reference to the general industry rules that may include such incorporated construction standards, see 1910.

You must follow the procedures published in Part 1905 when preparing and filing a variance request from a Part 1926 standard.

• 1926.2(a) explicitly states that "The procedures for the granting of variances and for related relief under this part are those published in Part 1905 of this title."
• Read and follow the detailed procedural requirements in Part 1905 for submission format, notice, hearings, and decisions.

OSHA can grant a variance from a Part 1926 standard under the same circumstances that variances are granted under section 6(b)(A) or 6(d) of the Williams‑Steiger Act.

• 1926.2(a) ties variance authority to those statutory provisions, so your request should address the criteria those sections require (for example, showing that compliance would cause serious hardship or is infeasible).
• Use the Part 1905 procedures to document the legal and factual basis for the variance.

Yes. A company performing asbestos‑related remediation that is covered by the construction asbestos standard may request a variance under the procedures referenced in 1926.2.

• OSHA has confirmed that many remediation activities involving asbestos‑containing building materials are covered by the construction asbestos standard, 29 CFR 1926.1101 (see the OSHA Letter of Interpretation, "Asbestos remediation protocols" at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14).
• Because 1926.2(a) allows variances from Part 1926 standards using the Part 1905 procedures, you should follow Part 1905 when seeking a variance to 1926.1101.

If the construction rule appears in Part 1926 and is incorporated into Part 1910, a variance from the Part 1926 version is treated as a variance from the rule under both the Construction Safety Act and the Williams‑Steiger Act.

• 1926.2(b) states that any such variance "shall be deemed a variance from the standard under both the Construction Safety Act and the Williams‑Steiger Occupational Safety and Health Act of 1970."
• That means your variance petition should explain the cross‑referenced coverage and follow the Part 1905 procedures for a decision that will apply to both parts (see also 1910).

No; filing a variance request does not change the employer’s duty to comply with applicable standards until OSHA formally grants a variance.

• 1926.2(a) explains how variances may be granted, but it does not relieve employers of their obligation to comply with Part 1926 rules unless and until OSHA issues a formal variance decision following the Part 1905 procedures.
• Prepare to maintain compliance while the petition is pending and document the hardship or technical reasons that support the variance request as required by Part 1905.

You should review the procedures and past determinations under Part 1905 because 1926.2(a) delegates variance procedures to Part 1905.

• Part 1905 contains the formal rules, submission requirements, and administrative processes OSHA follows when considering variance petitions.
• In addition to Part 1905, look for relevant OSHA letters of interpretation and previous variance decisions for practical guidance—those documents help illustrate how OSHA applies the rules to real situations (see Part 1905).

Yes. Requests for variances under 1926.2 are treated as requests under the Construction Safety Act when they concern construction safety or health standards.

• 1926.2(b) states that requests for variances under Williams‑Steiger involving construction safety or health standards "shall be considered to be also variances under the Construction Safety Act."
• That means OSHA will consider the petition in the context of both statutory frameworks where applicable, so prepare your petition to address the construction‑specific factors discussed in Part 1905.

OSHA will consider the variance request in the appropriate statutory context and, if the construction standard is incorporated into Part 1910, may treat the variance as applying under both the Construction Safety Act and the Williams‑Steiger Act.

• 1926.2(b) explains that overlaps between construction standards and Part 1910 create cross‑coverage: a variance from an incorporated construction standard is deemed a variance under both acts.
• Use the Part 1905 procedures to describe site conditions and to explain why a single variance should cover the applicable activities across both regulatory contexts.

Yes. 1926.2(a) makes construction variances subject to the same circumstances and procedures as variances granted under the Williams‑Steiger Act (the tests and legal standards used for general variances).

• 1926.2(a) explicitly ties variance availability and procedures to those used under section 6(b)(A) or 6(d) of the Williams‑Steiger Act and directs use of Part 1905.
• In practice, that means your petition should meet the same statutory showing (such as infeasibility, undue hardship, or technical impossibility) that OSHA requires for variances in other contexts, and you should follow the procedural steps in Part 1905.