[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1905.10]

[Page 67-69]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
    Subpart B--Applications for Variances, Limitations, Variations, 
                 Tolerances, Exemptions and Other Relief
 
Sec. 1905.10  Variances and other relief under section 6(b)(6)(A).


    (a) Application for variance. Any employer, or class of employers, 
desiring a variance from a standard, or portion thereof, authorized by 
section 6(b)(6)(A) of the Act may file a written application containing 
the information specified in paragraph (b) of this section with the 
Assistant Secretary for Occupational Safety and Health, U.S. Department 
of Labor, Washington, DC 20210.
    (b) Contents. An application filed pursuant to paragraph (a) of this 
section shall include:
    (1) The name and address of the applicant;

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    (2) The address of the place or places of employment involved;
    (3) A specification of the standard or portion thereof from which 
the applicant seeks a variance;
    (4) A representation by the applicant, supported by representations 
from qualified persons having first-hand knowledge of the facts 
represented, that he is unable to comply with the standard or portion 
thereof by its effective date and a detailed statement of the reasons 
therefor;
    (5) A statement of the steps the applicant has taken and will take, 
with specific dates where appropriate, to protect employees against the 
hazard covered by the standard;
    (6) A statement of when the applicant expects to be able to comply 
with the standard and of what steps he has taken and will take, with 
specific dates where appropriate, to come into compliance with the 
standard;
    (7) A statement of the facts the applicant would show to establish 
that
    (i) The applicant is unable to comply with a standard by its 
effective date because of unavailability of professional or technical 
personnel or of materials and equipment needed to come into compliance 
with the standard or because necessary construction or alteration of 
facilities cannot be completed by the effective date;
    (ii) He is taking all available steps to safeguard his employees 
against the hazards covered by the standard; and
    (iii) He has an effective program for coming into compliance with 
the standard as quickly as practicable;
    (8) Any request for a hearing, as provided in this part;
    (9) A statement that the applicant has informed his affected 
employees of the application by giving a copy thereof to their 
authorized representative, posting a statement, giving a summary of the 
application and specifying where a copy may be examined, at the place or 
places where notices to employees are normally posted, and by other 
appropriate means; and
    (10) A description of how affected employees have been informed of 
the application and of their right to petition the Assistant Secretary 
for a hearing.
    (11) Where the requested variance would be applicable to employment 
or places of employment in more than one State, including at least one 
State with a State plan approved under section 18 of the Act, and 
involves a standard, or portion thereof, identical to a State standard 
effective under such plan:
    (i) A side-by-side comparison of the Federal standard, or portion 
thereof, involved with the State standard, or portion thereof, identical 
in substance and requirements;
    (ii) A certification that the employer or employers have not filed 
for such variance on the same material facts for the same employment or 
place of employment with any State authority having jurisdiction under 
an approval plan over any employment or place of employment covered in 
the application; and
    (iii) A statement as to whether, with an identification of, any 
citations for violations of the State standard, or portion thereof, 
involved have been issued to the employer or employers by any of the 
State authorities enforcing the standard under a plan, and are pending.
    (c) Interim order--(1) Application. An application may also be made 
for an interim order to be effective until a decision is rendered on the 
application for the variance filed previously or concurrently. An 
application for an interim order may include statements of fact and 
arguments as to why the order should be granted. The Assistant Secretary 
may rule ex parte upon the application.
    (2) Notice of denial of application. If an application filed 
pursuant to paragraph (c)(1) of this section is denied, the applicant 
shall be given prompt notice of the denial, which shall include, or be 
accompanied by, a brief statement of the grounds therefor.
    (3) Notice of the grant of an interim order. If an interim order is 
granted, a copy of the order shall be served upon the applicant for the 
order and other parties and the terms of the order shall be published in 
the Federal Register. It shall be a condition of the order that the 
affected employer shall give notice thereof to affected employees by the

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same means to be used to inform them of an application for a variance.

[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]