29 CFr 1905.11

§ 1905.11

29 CFR Ch. XVII (7–1–99 Edition)

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
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]

§ 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;

52

Occupational Safety and Health Admin., Labor
(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

§ 1905.12

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 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]

§ 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

53