Variances.OSHA

Experimental variance Permission granted by OSHA for the use of an alternative method of worker protection during an approved experiment to demonstrate or validate new safety and health techniques. The variance terminates upon study com pletion unless another type of variance is issued by OSHA. 

Interim order An official statement issued by OSHA allowing an employer to continue operations under existing conditions while an application for a variance is being considered. 

Bartlett s test for homogeneity of variances at 0.5, 1 and 1.5 times the OSHA standard showed that the variances may be pooled. Therefore, the coefficient of variation was calculated from the pooled variances ... 

Variances are not retroactive. During the period of operation prior to receipt of a variance, if issued, OSHA may provide an interim order, allowing continued activity based on current methods. Details of such an interim order are subject to site pubhcation and employee-employer review. 

The Office of Technical Programs and Coordination Activities (OTPCA) in OSHA s Directorate of Technical Support and Emergency Management (DTSEM) receives and processes variance applications. OTPCA processes variance applications in close collaboration with other affected regional offices and directorates. OSHA s mandate is to ensure that employers alternatives for worker protection proposed in their... 

For questions about the variance process contact OSHA at VarianceProgram dol.gov. ... 

Whether the employer is applying for a permanent, temporary, experimental, national defense, or recordkeeping variance, and an interim order. (If the application is for a temporary variance, state when the employer will be able to comply with the OSHA standard.)... 

Be notified by the employer if the employer applies for a variance from an OSHA standard, and testily at a variance hearing, and appeal the final decision. 

Some employers may not be able to comply fully with a new safety and health standard in the time provided due to shortages of personnel, materials, or equipment. In situations like these, employers may apply to OSHA for a temporary variance from the standard. In other cases, employers may be using methods or equipment that differ from those prescribed by OSHA, but which the employer believes are equal to or better than OSHAs requirements, and would qualify for consideration as a permanent variance. Applications for a permanent variance must basically contain the same information as those for temporary variances. 

Should a company be unable to meet the requirements of an OSHA regulation, it can apply for a variance. The basis for this can be shortage of materials, equipment or professional or technical personnel. A variance can also be applied for if the company s existing practices are at least as effective as that required by OSHA. ... 

With regard to the PSM standard, companies will sometimes apply for a temporary variance. This is similar to the full variance except that the company acknowledges that they fully intend to comply, but they need more time. In such cases, Employers must demonstrate to OSHA that they... 

Variances can be obtained for OSHA standards for the following reasons ... 

A temporary variance meeting the criteria above may be issued until compliance is achieved or for one year, whichever is shorter. It can also be extended or renewed for 6 months (twice). Employers can obtain a permanent variance if the employer can document with a preponderance of evidence that existing or proposed methods, conditions, processes, procedures, or practices provide workers with protections equivalent to or better than the OSHA standard. Employers are required to... 

A State-Plan State may not issue a variance to a private sector employer and must recognize all variances issued by Federal OSHA. 

A State-Plan State may only grant an injury and illness recording and reporting variance to a State or local government employer within the State after obtaining approval to grant the variance from Federal OSHA. 

If I have already been cited by OSHA for not following the Part 1904 regulations, will my variance petition have any effect on the citation and penalty No, in addition, the Assistant Secretary may elect not to review your variance petition if it includes an element for which you have been cited and the citation is still under review by a court, an Administrative Law Judge (ALJ), or the OSH Review Commission. 

If I receive a variance, may the Assistant Secretary revoke the variance at a later date Yes, the Assistant Secretary may revoke your variance if he or she has good cause. The procedures revoking a variance will follow the same process as OSHA uses for reviewing variance petitions, as outlined in paragraph 1904.38(b)(2). Except in cases of willfulness or where necessary for public safety, the Assistant Secretary will ... 

The directive now includes provisions for reviewing alternate and supplementary standards for federal agencies, which are the equivalent of private sector variances from OSHA standards. Other changes include clarifying how OSHA Area Directors determine the appropriate number and location of on-site inspections for establishments with multiple services or operations. 

OSHA has no single, uniform application form for an employer to applyfor a variance. Iher itre, to apply far a variance, an employer must review the specific regulations appUcable... 

All information or documents submitted in an application becomes public unless the employer claims that some of the material consists of trade secret or confidential business information Employers seekingprotection of trade secrets or odter cor idential business information in their variance application and supporting documents must include a requestfi/r such protection, as wdl as a justification for this request, in tiieir variance application. Employers requesting such consideration should note that OSHA wdl assess the variance request solely on the basis of information that is available to the public. 

To increase transparency and accessibility of variance related information, OSHA developed Variance Application Checklists designed to assist variance applicants to determine if their application for a variance is complete and appropriate. 

After an employer submits a variance application, OSHA can either grant or deny the variance. Prior to granting a variance or interim order, OTPCA coordinates a thorough administrative and technical review of the application with other directorates and offices in OSHA, as well as its regional and area offices when appropriate. For permanent and... 

Variances from the Occupational Safety and Health Administration (OSHA) standards are authorized under sections 6 and 16 of the Occupational Safety and Health Act of 1970 (OSHAct), and the implementing rules contained in the Code of Federal Regulations (29 CFR 1905). A variance may be requested by an employer or by a class of employers for specihc workplaces. 

A permanent variance authorizes an alternative to a requirement of an OSHA standard as long as the applicant s employees are provided with employment and a place of employment equivalently safe and healthful. Two factors that must be addressed in the application are proof that the alternative is safe and healthful as the standard... 

The final determination by the Assistant Secretary for grant of permanent variance is based upon the employer s application and evidence, an on-site visit to the workplace by OSHA representatives, as deemed necessary, and comments by employees and other interested parties. If the request is granted, the final order details the differences between the requirements of the standard and the alternative, and specifies the employer s responsibilities and requirements. 

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