29 Cfr 1905.10

Occupational Safety and Health Admin., Labor
grant or denial of a variance, limitation, variation, tolerance, or exemption, or any one of his authorized representatives, such as his collective bargaining agent.

§ 1905.10

part. However, any applications and
other papers shall be clearly legible.
An original and six copies of any application or other papers shall be filed.
The original shall be typewritten.
Clear carbon copies, or printed or processed copies are acceptable copies.
(b) Each application or other paper
which is filed in proceedings under this
part shall be subscribed by the person
filing the same or by his attorney or
other authorized representative.

§ 1905.3 Petitions for amendments to
this part.
Any person may at any time petition
the Assistant Secretary in writing to
revise, amend, or revoke any provisions
of this part. The petition should set
forth either the terms or the substance
of the rule desired, with a concise
statement of the reasons therefor and
the effects thereof.

Subpart
B—Applications
for
Variances, Limitations, Variations, Tolerances, Exemptions and Other Relief

§ 1905.4 Amendments to this part.
The Assistant Secretary may at any
time revise, amend, or revoke any provisions of this part, on his own motion
or upon the written petition of any person.

§ 1905.10 Variances and other relief
under section 6(b)(6)(A).
(a) Application for variance. Any employer, or class of employers, desiring a
variance from a standard, or portion
thereof, authorized by section 6(b)(6)(A)
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 specification of the standard or
portion thereof from which the applicant seeks a variance;
(4) A representation by the applicant,
supported by representations from
qualified persons having first-hand
knowledge of the facts represented,
that he is unable to comply with the
standard or portion thereof by its effective date and a detailed statement of
the reasons therefor;
(5) A statement of the steps the applicant has taken and will take, with
specific dates where appropriate, to
protect employees against the hazard
covered by the standard;
(6) A statement of when the applicant
expects to be able to comply with the
standard and of what steps he has
taken and will take, with specific dates

§ 1905.5 Effect of variances.
All variances granted pursuant to
this part shall have only future effect.
In his discretion, the Assistant Secretary may decline to entertain an application for a variance on a subject or
issue concerning which a citation has
been issued to the employer involved
and a proceeding on the citation or a
related issue concerning a proposed
penalty or period of abatement is pending before the Occupational Safety and
Health Review Commission or appropriate State review authority until the
completion of such proceeding.
[36 FR 12290, June 30, 1971, as amended at 40
FR 25449, June 16, 1975]

§ 1905.6 Public notice of a granted
variance, limitation, variation, tolerance, or exemption.
Every final action granting a variance, limitation, variation, tolerance,
or exemption under this part shall be
published in the FEDERAL REGISTER.
Every such final action shall specify
the alternative to the standard involved which the particular variance
permits.
§ 1905.7 Form of documents; subscription; copies.
(a) No particular form is prescribed
for applications and other papers which
may be filed in proceedings under this

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§ 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;

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