The Arsenal Files 4/The Arsenal Files 4 (Arsenal Computer).ISO/health/osha.22

Text File | 1995-01-22 | 6KB | 108 lines

INFORMATION DATE  19930216
DESCRIPTION       USDOL Program Highlights, Applying for Variances from
                  OSHA Standards
SUBJECT           Where to Apply for Variances from OSHA Standards
ABSTRACT          Under certain conditions, OSHA may grant employers
                  variances from safety and health standards. The types
                  of variances and OSHA's criteria for granting them are
                  discussed in USDOL Highlight #92-12. This fact sheet
                  discusses where employers apply for variances.



U.S. Department of Labor
Program Highlights
Fact Sheet No.  OSHA 92-22

           WHERE TO APPLY FOR VARIANCES FROM OSHA STANDARDS

Under certain conditions, the Occupational Safety and Health
Administration may grant employers variances from safety and health
standards.  The types of variances and OSHA's criteria for granting
them are discussed in U.S. Department of Labor Program Highlight
#92-12, "Variances Under OSHA," available from the OSHA Publications
Office, Room N-3101, Washington, D.C. 20210 (Phone: [phone]).

This fact sheet discusses where employers apply for variances.  If the
worksite for which variances are sought are under federal OSHA's
jurisdiction, applications should be addressed to the Assistant
Secretary and sent to OSHA's Office of Variance Determination, 200
Constitution Ave., N.W., Washington, D.C. 20210 (phone: [phone]).
The following states are under federal OSHA's jurisdiction:

  Alabama, American Samoa, Arkansas, Colorado, Connecticut, Delaware,
  District of Columbia, Florida, Georgia, Guam, Idaho, Illinois, Kansas,
  Louisiana, Maine, Massachusetts, Mississippi, Missouri, Montana,
  Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio,
  Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Trust
  Territory of the Pacific Islands, Wake Island, West Virginia and
  Wisconsin.

If the worksites are in a state or territory with its own approved job
safety and health program, variance applications should be made directly
to the state OSHA office, usually located in the state department of
labor.  The following jurisdictions have their own OSHA programs, and are
called "state plan states."

  Alaska, Arizona, California, Connecticut*, Hawaii, Indiana, Iowa,
  Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York*,
  North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah,
  Vermont, Virgin Islands, Virginia, Washington, and Wyoming.

Employers with establishments in more than one state may seek multi-state
variances.  Even if one or more of these states has its own OSHA-approved
state safety and health plan, the employer may consolidate the variance
applications, address them to the Assistant Secretary and mail them to
the Office of Variance Determination.  OSHA's variance procedures permit
employers with multi-state establishments to use federal OSHA's variance
reciprocity procedures where such requests involve state plan standards
(or portions thereof) which are identical in substance and requirements
to federal standards. Such applications must include:

    (a)  a side-by-side comparison of the federal standard and the
         state standards (or portions thereof) that are identical in
         substance and requirements;

    (b)  a certification that the employer has 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 OSHA plan; and,

    (c)  a statement, with appropriate identification and current
         status, of any citations for violations of the state standard
         that have been issued to the employer by any of the state
         authorities enforcing the standard under a plan.

Upon receipt of a multi-state variance application meeting all
requirements, federal OSHA promptly furnishes copies to appropriate
state plan states and provides opportunity for comment, including
opportunity to participate as a party to the consideration.  As parties
to the federal variance proceedings, state plan states review
applications and reach judgments on establishments in their states in
coordination with federal OSHA.  Federal OSHA will ensure that each
state plan state involved in a multi-state variance request has
responded in writing, and the response will be made a part of the
variance record.  If an individual state concurs in the variance, the
approval is reflected in the federal decision on all establishments.
If a state objects, it negotiates independently with the employer to
resolve any questions.  If major differences result, a state may handle
that aspect of the variance request under its jurisdiction independent
of the multi-state application.

Once a federal OSHA variance has been granted which applies to more than
one state (including a state operating under a state plan), the variance
becomes the authoritative interpretation of the employer's compliance
obligations.  This is true for the federal standard as well as any
identical state standard, except where objections have been interposed by
state authorities.

*(covers state and local employees only)
________________________________________________________________________
This is one of a series of fact sheets highlighting U.S. Department of
Labor programs.  It is intended as a general description only and does
not carry the force of legal opinion.  This information will be made
available to sensory impaired individuals upon request.  Voice phone:
[phone].  TDD message referral phone: [phone].