[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.9]

[Page 20-21]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1952_APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS
--Table of Contents
 
               Subpart A_General Provisions and Conditions
 
Sec. 1952.9  Variances affecting multi-state employers.

    (a) Where a State standard is identical to a Federal standard 
addressed to the same hazard, an employer or group of employers seeking 
a temporary or permanent variance from such standard, or portion 
thereof, to be applicable to employment or places of employment in more 
than one State, including at least one State with an approved plan, may 
elect to apply to the Assistant Secretary for such variance under the 
provisions of 29 CFR part 1905, as amended.
    (b) Actions taken by the Assistant Secretary with respect to such 
application for a variance, such as interim orders, with respect 
thereto, the granting, denying, or issuing any modification or extension 
thereof, will be deemed prospectively an authoritative interpretation of 
the employer or employers' compliance obligations with regard to the 
State standard, or portion thereof, identical to the Federal standard, 
or portion thereof, affected by the action in the employment or places 
of employment covered by the application.
    (c) Nothing herein shall affect the option of an employer or 
employers seeking a temporary or permanent variance with applicability 
to employment or places of employment in more than one State to apply 
for such variance either to the Assistant Secretary or the individual 
State agencies involved. However, the filing with, as well as granting, 
denial, modification, or revocation of a variance request or interim 
order by, either authority (Federal or State) shall preclude any further 
substantive

[[Page 21]]

consideration of such application on the same material facts for the 
same employment or place of employment by the other authority.
    (d) Nothing herein shall affect either Federal or State authority 
and obligations to cite for noncompliance with standards in employment 
or places of employment where no interim order, variance, or 
modification or extension thereof, granted under State or Federal law 
applies, or to cite for noncompliance with such Federal or State 
variance action.

[40 FR 25450, June 16, 1975]