[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1905.11]

[Page 68-69]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1905_RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, 
 
     Subpart B_Applications for Variances, Limitations, Variations, 
                 Tolerances, Exemptions and Other Relief
 
Sec. 1905.11  Variances and other relief under section 6(d).

    (a) Application for variance. Any employer, or class of employers, 
desiring a variance authorized by section 6(d) 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;
    (2) The address of the place or places of employment involved;
    (3) A description of the conditions, practices, means, methods, 
operations, or processes used or proposed to be used by the applicant:
    (4) A statement showing how the conditions, practices, means, 
methods, operations, or processes used or proposed to be used would 
provide employment and places of employment to employees which are as 
safe and healthful as those required by the standard from which a 
variance is sought:
    (5) A certification that the applicant has informed his employees of 
the application by
    (i) Giving a copy thereof to their authorized representative;
    (ii) 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 (or in lieu of such summary, 
the posting of the application itself); and
    (iii) By other appropriate means;
    (6) Any request for a hearing, as provided in this part; and
    (7) A description of how employees have been informed of the 
application and of their right to petition the Assistant Secretary for a 
hearing.
    (8) 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 approved 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

[[Page 69]]

give notice thereof to affected employees by the 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]