[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: 29CFR1905.12]

[Page 70]
 
                             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. 1905.12  Limitations, variations, tolerances, or exemptions under 
section 16.

    (a) Application. Any person, or class of persons, desiring a 
limitation, variation, tolerance, or exemption authorized by section 16 
of the Act may file an 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;
    (2) The address of the place or places of employment involved;
    (3) A specification of the provision of the Act to or from which the 
applicant seeks a limitation, variation, tolerance, or exemption;
    (4) A representation showing that the limitation, variation, 
tolerance, or exemption sought is necessary and proper to avoid serious 
impairment of the national defense;
    (5) Any request for a hearing, as provided in this part; and
    (6) A description of how employees have been informed of the 
application and of their right to petition the Assistant Secretary for a 
hearing.
    (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 limitation, variation, tolerance, or exemption 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 
same means to be used to inform them of an application for a variance.