29 Cfr 1905.12

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

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§ 1905.13

29 CFR Ch. XVII (7–1–99 Edition)
(ii) A description of the relief which
is sought;
(iii) A statement setting forth with
particularity the grounds for relief;
(iv) If the applicant is an employer, a
certification that the applicant has informed his affected employees of the
application by:
(a) Giving a copy thereof to their authorized representative;
(b) Posting at the place or places
where notices to employees are normally posted, a statement giving a
summary of the application and specifying where a copy of the full application may be examined (or, in lieu of the
summary, posting the application
itself); and
(c) Other appropriate means.
(v) If the applicant is an affected employee, a certification that a copy of
the application has been furnished to
the employer; and
(vi) Any request for a hearing, as provided in this part.
(2) The Assistant Secretary may on
his own motion proceed to modify or
revoke a rule or order issued under section 6(b) (6) (A), 6(d), or 16 of the Act.
In such event, the Assistant Secretary
shall cause to be published in the FEDERAL REGISTER a notice of his intention, affording interested persons an
opportunity to submit written data,
views, or arguments regarding the proposal and informing the affected employer and employees of their right to
request a hearing, and shall take such
other action as may be appropriate to
give actual notice to affected employees. Any request for a hearing shall include a short and plain statement of:
(i) How the proposed modification or
revocation would affect the requesting
party; and
(ii) What the requesting party would
seek to show on the subjects or issues
involved.
(b) Renewal. Any final rule or order
issued under section 6(b) (6) (A) or 16 of
the Act may be renewed or extended as
permitted by the applicable section
and in the manner prescribed for its
issuance.
(c) Multi-state variances. Where a Federal variance has been granted with
multi-state applicability, including applicability in a State operating under a
State plan approved under section 18 of

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.
§ 1905.13 Modification, revocation, and
renewal of rules or orders.
(a) Modification or revocation. (1) An
affected employer or an affected employee may apply in writing to the Assistant Secretary of Labor for Occupational Safety and Health for a modification or revocation of a rule or order
issued under section 6(b) (6) (A), 6(d), or
16 of the Act. The application shall
contain:
(i) The name and address of the applicant;

54