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A variance is a mechanism through which employers apply for formal permission to deviate from an OSHA standard’s requirements or time frame.
Employers may ask OSHA for a variance from a standard or regulation if they cannot fully comply by the effective date, due to shortages of materials, equipment or professional or technical personnel, or can prove their facilities or methods of operation provide employee protection “at least as effective as” that required by OSHA.
Temporary Variance
A temporary variance may be granted to an employer who cannot comply with a standard or regulation by its effective date, due to unavailability of professional or technical personnel, materials or equipment, or because the necessary construction or alteration of facilities cannot be completed in time.
The employer must demonstrate to OSHA that he or she is taking all available steps to safeguard employees in the meantime, and that the employer has put in force an effective program for coming into compliance with the standard or regulation as quickly as possible.
Permanent Variance
A permanent variance (alternative to a particular requirement or standard) may be granted to employers who prove their conditions, practices, means, methods, operations or processes provide a safe and healthful workplace as effectively as would compliance with the standard.
In making a determination, OSHA weighs the employer’s evidence and arranges a variance inspection and hearing where appropriate. If OSHA finds the request valid, it prescribes a permanent variance detailing the employer’s specific exceptions and responsibilities under the ruling.
Interim Order
So that an employer may continue to operate under existing conditions until a variance decision is made, he or she may apply to OSHA for an interim order. Application for an interim order may be made either at the same time as, or after, application for a variance. Reasons why the order should be granted may be included in the interim order application.
Experimental Variance
If an employer is participating in an experiment to demonstrate or validate new job safety and health techniques and either the Secretary of Labor or the Secretary of HHS has approved the experiment, a variance may be granted to permit the experiment.