permanent_variance_app_checklist

Permanent Variance Application Checklist
Use of this checklist can assist applicants to determine if an application for a
permanent variance is complete and appropriate.
Does the written application contain the following information?

Applicant Information

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Yes

Name and address of the applicant company.

Yes

Name of, and contact method for, the applicant’s authorized representative
and primary point of contact (if different from authorized representative).

Yes

NA

Address of place or places of employment involved (for multiple sites).

Support Information

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❏
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Yes

List of the OSHA standard(s) from which the applicant is requesting
the permentent variance.

Yes

Description of the means proposed for use as an alternative for protecting employees
from hazards as effectively as compliance with the standard, and how the proposed
alternative would be at least as safe and healthful for employees as the existing
requirements in the OSHA standard(s) from which the applicant is requesting the
permanent variance.

Yes

Statement that the applicant certifies that it informed its employees of the variance
application and of their right to petition the Assistant Secretary for a hearing by
using one or more of the means described below:

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Yes

Giving a copy of the permanent variance application to the
authorized employee representative(s);

Yes

Posting a statement giving a summary of the application and specifying
where its employees may examine a copy of the permanent variance
application (at the place(s) where the applicant normally posts notices to
employees or, instead of a summary, posting the application itself); and

Yes

If the applicant used an alternate means (other than the means specified in
the statements (a) and/or (b) above) to inform its employees of the
application and their right to petition the Assistant Secretary for a hearing,
then providing a detailed description of the alternate means.

Signed statement certifying the status of any outstanding OSHA or State Plan state1
citation(s) by identifying the item below that describes the current status:

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1

Yes

Yes

The applicant is not contesting any citations involving the standard that is
the subject of this application;

Yes

The applicant is taking measures to abate any such citations; or

Yes

The applicant is contesting any such citations.

The following are states and territories with approved state plans: AK, AZ, CA, CT,* HI, IA, IL,* IN, KY, MD, MI,
MN, NC, NJ,* NM, NV, NY,* OR, PR, SC, TN, UT, VA, VT, VI,* WA, and WY. *Plans cover public-sector employees
only; the remaining states cover both public- and private-sector employees.

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Yes

NA

If requesting an Interim Order, a statement of facts and argument explaining why
OSHA should grant such an Order.
If the variance application involves one (or more) states covered by Federal OSHA, and
one (or more) State Plan state(s), the application provides the following information for
each standard from which the applicant is requesting the permanent variance:

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❏
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Yes

Side-by-side comparison of the OSHA standard(s) and the state
standard(s) that is/are identical to the OSHA standard;2

Yes

Statement certifying that the applicant has not filed an application for
a permanent variance on the same material facts for the same place(s)
of employment with the State Plan state/states in question; and

Yes

Statement identifying any pending citations issued to the applicant by a
State Plan state for violating the state standard(s) that is/are the subject of
this variance application.

Signed certification that the information contained in the application is accurate and
true to the best of the applicant’s knowledge.

Yes

Appropriateness of the Variance Application
A “Yes” response to any of the items below indicates that the application may not be appropriate:

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Yes

No

The variance the applicant is requesting is from a “performance” standard, which is
one that does not specify methods or actions that the employer must implement to
meet the requirements of the standard.

❏ ❏

No

The variance the applicant is requesting is from a “definition” in a standard.
Definitions are not enforceable portions of a standard since they do not specify means,
methods, or actions the employer must implement for meeting the requirements of
the standard.

No

The application requests an exemption or waiver from the requirements of
the standard.

No

The variance is a request for review and approval of a design or product developed
for manufacture and commercial use.

No

There exists an OSHA letter of interpretation that governs the acceptability of
the requested alternative.

No

There is an updated edition of the nationally recognized consensus standard upon
which OSHA based the standard that is the subject of the variance request, and the
updated consensus standard permits the requested alternative (and that protects
employees at least as effectively as the OSHA standard).

No

The application involves workplace locations that are solely in State Plan states.

Yes

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Yes

Yes

Yes

Yes

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Yes

2

If the state standard(s) is/are not identical to the OSHA standard(s), the applicant must apply to the state for an
permanent variance.