Alternate standard request process

The head of the federal agency is authorized to apply for an alternate standard and must transmit the request to the Secretary. See 1960.17(a) and the opening sentence of 1960.17. OSHA has interpreted agency responsibility for its OSH program in related guidance on federal employee protections; see also the discussion in the 2024 OSHA interpretation about agency coverage for contexts where agency responsibility and OSHA coverage intersect.

The request must include a statement of why the agency cannot comply with the OSHA standard, a full description of the alternate standard, an explanation of how the alternate provides equivalent or greater protection, a description of interim protective measures until the Secretary decides, and a summary of written employee or representative comments. See 1960.17(b) and the specific subparts 1960.17(b)(1) through 1960.17(b)(5).

The agency should clearly explain the practical, technical, legal, or operational reasons it cannot meet the OSHA standard as written or why it seeks a different approach. See 1960.17(b)(1). This explanation should be specific (not just conclusory) so the Secretary can assess whether the agency’s limitations justify an alternate standard.

The description must be clear and complete enough to show exactly what requirements the agency proposes to use in place of the OSHA standard, including measurable criteria, procedures, or limits. See 1960.17(b)(2). A well-drafted description helps the Secretary evaluate whether the alternate is implementable and enforceable.

The agency must explain and document, with data, analysis, or other evidence, how the alternate standard protects employees to a degree equal to or better than the OSHA standard. See 1960.17(b)(3). For example, evidence may include monitoring data, engineering control specifications, performance tests, exposure modeling, or proven medical and training programs. OSHA has required sufficient supporting information in past interpretations when agencies sought alternate approaches (see the 2019 Hexavalent Chromium interpretation explaining the need for performance data and the required information).

The agency must describe the temporary protections it will provide employees until the Secretary renders a decision, such as interim engineering controls, PPE, medical surveillance, training, monitoring, or administrative limits. See 1960.17(b)(4). OSHA has emphasized in interpretations that requests should explain interim protections and cannot rely on omitting this information (see the 2019 interpretation).

The agency must include a summary of written comments from interested employees, their representatives, and occupational safety and health committees, reflecting consultation before the request is transmitted. See 1960.17(b)(5) and the consultation requirement in the opening of 1960.17. This demonstrates that employee input was sought and considered when developing the alternate standard.

No; an agency must notify the Secretary and request approval of an alternate standard before implementing it. See 1960.17(a) and OSHA's discussion noting that an agency must request the Secretary's approval prior to implementation in the context of alternate-standard inquiries (see the 2019 Hexavalent Chromium interpretation).

No; the Secretary will not approve a request unless the alternate standard provides equivalent or greater protection for affected employees. See 1960.17(b). The agency must demonstrate equivalence or increased protection in its submission per 1960.17(b)(3).

The Secretary (Secretary of Labor) makes the decision to approve or deny an alternate standard request after receiving the agency's transmitted request. See 1960.17(a) and the approval requirement in 1960.17(b).

If the request lacks the required elements, the Secretary cannot approve it because approval requires showing equivalent or greater protection and including the information listed in 1960.17(b)(1)-(5). OSHA has declined to approve alternate approaches when necessary supporting information was not provided, as noted in the 2019 Hexavalent Chromium interpretation.

Section 1960 applies to federal agencies' programs, but OSHA's coverage of military-unique operations and personnel is limited: military personnel and uniquely military equipment and operations are excluded from OSHA coverage, while civilian employees and private contractors are covered when working on non-uniquely military activities. See 1960 and the 2024 OSHA interpretation on oxygen-deficient atmospheres and DoD facilities for how OSHA coverage applies to military and contractor contexts. Note that only an agency head may transmit a 1960.17 alternate-standard request for that agency.

Yes, an agency can request an alternate method, but the request must include documentation showing the method meets performance or accuracy requirements and provides equivalent or greater protection. See 1960.17(b)(2) and 1960.17(b)(3). OSHA's 2019 Hexavalent Chromium interpretation provides a practical example: OSHA said inhalable sampling techniques may be used if the employer demonstrates the technique meets the monitoring performance requirements in the applicable standard and the agency submits the required information when seeking an alternate.

Yes; the agency must consult with employees or their representatives (including appropriate safety and health committees) before transmitting the request and must include a summary of any written comments in the submission. See the consultation requirement in 1960.17 and the specific documentation requirement in 1960.17(b)(5). Provide the summary of written feedback so the Secretary can evaluate the degree of employee input and acceptance.

The agency should include implementation details—testing procedures, monitoring frequency, responsible parties, training plans, inspection and recordkeeping procedures, and measurable acceptance criteria—so the Secretary can judge enforceability and practicality. See 1960.17(b)(2) and the equivalence requirement in 1960.17(b)(3). The 2019 Hexavalent Chromium interpretation illustrates OSHA's expectation that technical and performance information accompany alternate-method requests.

No; approval only occurs if the alternate standard provides equivalent or greater protection, so employees should receive at least the same level of protection as under the OSHA standard. See the equivalence condition in 1960.17(b). The agency must document how the alternate meets or exceeds protections in 1960.17(b)(3).