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For those who don't know, we're going to explain what getting a "Variance" from OSHA means, what kind of variances OSHA grants, and how to apply for them in this article.
This look at OSHA's variance program is yet another in our OSHA Basics series of articles, which explains 100-level OSHA topics that may have slipped through the cracks when you were learning about something else related to occupational health and safety. For a full list of the articles in our OSHA Basics series, just scroll down to the bottom.
And all that said, continue reading to look about variances from OSHA.
Ever heard of the Variance Program from OSHA?
If you're an employer and you've got legitimate reasons that make it hard or prevent you from complying with a specific OSHA regulation, this is one you're going to want to know about. Why? Because as OSHA explains, OSHA's Variance Programs create variances, which are "regulatory action[s] that permit an employer to deviate from the requirements of an OSHA standard under specified conditions."
Now, don't fool yourself. OSHA isn't in the habit of granting variances willy-nilly. In fact, according to this list, there are only 3 effective variances (and/or interim variances) for construction and 10 for general industry. But they DO consider them and they do grant them. In fact, the very idea of a variance is "cooked right into" the whole origins of OSHA: as OSHA explains, "Sections 6 and 16 of the Occupational Safety and Health Act of 1970 (OSH Act), and the implementing rules contained in the Code of Federal Regulations (29 CFR 1905 and 1904.38), authorized variances from the Occupational Safety and Health Administration (OSHA) standards."
If you want to get deep into the weeds, you may want to read 1905 for a whole bunch on variances.
Yep, OSHA says there are five types, but by my count they then list six types. I think they're not counting the "interim order" even though they list it. Check out the list below and see what you think:
You really should check out this How to Apply for a Variance website from OSHA because it's got a lot of useful resources to help you during the application process, including:
We hope you enjoyed this next article in our OSHA Basics series, which focused on variances. If you have additional questions or experiences with OSHA variances, please let us know in the comments section below. And feel free to chat us up anytime about anything else on your mind as well. Until then, you might want to check out some of the other articles in our OSHA Basics series: