Variance
What is a variance?
Generally, a variance is an exception to
compliance with some part of a safety and health
standard granted by OSHA to an employer. For
example, sometimes employers may not be able
to comply fully and on time with a new safety or
health standard because of a shortage of personnel,
materials, or equipment. Or employers may prefer
to use methods, equipment, or facilities that they
believe protect employees as well as or better
than OSHA standards. See Title 29 of the Code
of Federal Regulations ( CFR), Part 1905 for
more information.
In situations like these, employers may apply
to OSHA for a variance. There are four types of
variances: temporary, permanent, experimental,
and national defense.
What is a temporary variance?
A temporary variance allows employers a
short-term exemption from a standard when they
cannot comply with OSHA requirements by the
prescribed date because the necessary construction
or alteration of the facility cannot be completed in
time or when technical personnel, materials, or
equipment are temporarily unavailable.
To be eligible for a temporary variance, an
employer must implement an effective compliance
program as quickly as possible. In the meantime,
the employer must demonstrate to OSHA that
all available steps are being taken to safeguard
employees. Inability to afford compliance costs
is not a valid reason for requesting a temporary
variance. For details on the information required
in the application for a temporary variance, see
29 CFR Part 1905.10 Subpart B.
What is an interim order?
An interim order permits an employer to
continue operating under existing conditions
while OSHA considers the employer’s request
for a variance — whether temporary, permanent,
or both. If the interim order is granted,employers
must inform workers by giving a copy to authorized
employee representatives and posting a copy
prominently in the workplace.
What is a permanent variance?
A permanent variance grants an exemption
from a standard to employers who can prove that
their methods, conditions, practices, operations,
or processes provide workplaces that are as safe
and healthful as those that follow the OSHA
standards. When applying for a permanent
variance, employers must let employees know
they have filed the application and that the
employees have the right to request a hearing.
To decide whether to grant a permanent
variance, OSHA reviews the employer’s evidence
and, if appropriate, visits the workplace to confirm
the facts provided in the application. If the request
has merit, OSHA may grant a permanent variance.
Final variance orders detail the employer’s specific
responsibilities and requirements and explain
exactly how the employer’s method varies from the
OSHA requirement. For details on the information
required in the application for a permanent variance,
see 29 CFR Part 1905.11 Subpart B.
What is an experimental variance?
Employers use experimental variances to
demonstrate or validate new or improved safety
and health techniques. They are developed in
close cooperation with OSHA. For details on the
information required in the application for an
experimental variance, see section 6(b)(6)(C) of
the Occupational Safety and Health Act ( OSH Act).
What is a national defense variance?
OSHA uses national defense variances to
grant “reasonable variations, tolerances and
exemptions to and from” the requirements of
the OSH Act “to avoid serious impairment of
the national defense.” If a defense variance is in
effect for more than six months, employers must
notify employees and offer a public hearing on
the issues involved. For details on the information
required in the application for a national defense
variance, see 29 CFR Part 1905.12 Subpart B.
Where do I apply for a variance?
That depends on whether the worksite involved
is under federal or state/territorial jurisdiction.
2002
This is one in a series of informational fact sheets highlighting
OSHA programs, policies, or standards. It does not impose
any new compliance requirements. For a comprehensive list of
compliance requirements of OSHA standards or regulations,
refer to Title 29 of the Code of Federal Regulations. This information
will be made available to sensory-impaired individuals
upon request. The voice phone is (202) 693–1999. See also
OSHA’s website at www.osha.gov.
Federal
Forward these variance applications to
U.S. Department of Labor/OSHA, Office of
Technical Programs and Coordination Activities,
Room N-3655, 200 Constitution Avenue, NW,
Washington, DC 20210. The following states
and territories are under federal jurisdiction.
States: AL, AR, CO, DC, DE, FL, GA, ID, IL,
KS, LA, MA, ME, MO, MS, MT, ND, NE, NH,
OK, OH, PA, RI, SD, TX, WI, WV. Territories:
American Samoa, Guam, Trust Territory of the
Pacific Islands, and Wake Island.
State/Territorial
Address these variance applications to the
appropriate state or territorial OSHA office,
which is usually located in the Department of
Labor of a state or territory. The following states
and territories operate under their own OSHAapproved
programs. States: AK, AZ, CA, CT,*
HI, IA, IN, KY, MD, MI, MN, NC, NJ,* NM,
NV, NY,* OR, SC, TN, UT, VA, VT, WA, WY.
Territories: PR, VI. Addresses for these
states are available on the OSHA website at
www.osha.gov.
*Plans cover only public sector employees.
What if I have worksites in more
than one state?
If you have operations in more than one state,
you may apply for a multi-state variance. Even
if one or more of the states involved has its own
OSHA-approved state plan, you may consolidate
your variance applications. If a state standard is
identical to the federal standard, the state will
have the opportunity to join with federal OSHA
in granting a variance. See 29 CFR 1952.9 for
more information.
How can I get more information
on safety and health?
For more details on variance applications,
visit us at http://www.osha.gov/dts/otpca/
variances /apply.html. OSHA has various
publications, standards, technical assistance,
and compliance tools to help you, and offers
extensive assistance through workplace
consultation, voluntary protection programs,
strategic partnerships, alliances, state plans,
grants, training, and education. OSHA’s Safety
and Health Program Management Guidelines
( Federal Register 54:3904-3916, January 26,
1989) detail elements critical to the development
of a successful safety and health management
system. This and other information are available
on OSHA’s website.
¦ For one free copy of OSHA publications,
send a self-addressed mailing label to OSHA
Publications Office, 200 Constitution Avenue
N.W., N-3101, Washington, DC 20210; or
send a request to our fax at (202) 693–2498,
or call us toll-free at (800) 321–OSHA.
¦ To order OSHA publications online at
www.osha.gov, go to Publications and
follow the instructions for ordering.
¦ To file a complaint by phone, report an
emergency, or get OSHA advice, assistance,
or products, contact your nearest OSHA office
under the U.S. Department of Labor listing
in your phone book, or call toll-free at (800)
321– OSHA (6742). The teletypewriter
(TTY) number is (877) 889–5627.
¦ To file a complaint online or obtain more
information on OSHA federal and state
programs, visit OSHA’s website.
This is one in a series of informational fact
sheets highlighting OSHA programs, policies,
or standards. It does not impose any new
compliance requirements. For a comprehensive
list of compliance requirements of OSHA
standards or regulations, refer to Title 29 of the
Code of Federal Regulations. This information
will be made available to sensory-impaired
individuals upon request. The voice phone is
(202) 693–1999. See also OSHA’s website
at www.osha.gov. |
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