Occupational Safety and Health Act Variance Regulations (29 CFR 1905.10, 1905.11 and 1905.12)

Forms and Documents

Document Name	Status
Variances- 60 day FRN_11-10-21.pdf Supplementary Document	2022-01-26
OSH Act Section 8 USC 657.pdf Supplementary Document	2022-01-26
OSH Act Section 6 USC 655.pdf Supplementary Document	2022-01-26
OSH Act Section 2 USC 651.pdf Supplementary Document	2022-01-26
eCFR 1905.12.docx Supplementary Document	2022-01-26
eCFR 1905.11.docx Supplementary Document	2022-01-26
eCFR 1905.10.docx Supplementary Document	2022-01-26
SS_1218-0265 Variances Extension 01-12-2022_ROCIS.docx Supporting Statement A	2022-01-26

IC Document Collections

IC ID	Document Title	Status
199154	Occupational Safety and Health Variance Regulation Instruction	Modified

ICR Details

OMB Control No: 1218-0265	ICR Reference No: 202201-1218-009
Status: Received in OIRA	Previous ICR Reference No: 201805-1218-004
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0265(2022)
Title: Occupational Safety and Health Act Variance Regulations (29 CFR 1905.10, 1905.11 and 1905.12)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/18/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2022
Responses	48	48
Time Burden (Hours)	366	366
Cost Burden (Dollars)	0	0

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Abstract: Under several provisions of the OSH Act, employers may apply for four different types of variances from the requirements of OSHA standards. Employers submit variance applications voluntarily to OSHA, and the applications specify alternative means of complying with the requirements of OSHA standards. The four types of variances are: temporary variances (Section 6(b)(6)(A) of the OSH Act; 29 U.S.C. 655); experimental variances (Section 6(b)(6)(C) of the OSH Act; 29 U.S.C. 655); permanent variances (Section 6(d) of the Act; 29 U.S.C. 655); and national-defense variances (Section 16 of the OSH Act; 29 U.S.C. 665). OSHA codified these statutory provisions under 29 CFR part 1905 ("Rules of Practice for Variances, Limitations, Variations, Tolerances, and Exemptions under the William-Steiger Occupational Safety and Health Act of 1970").

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Authorizing Statute(s): PL: Pub.L. 91 - 596 (6)(d) Name of Law: Occupational Safety and Health Act
   PL: Pub.L. 91 - 596 16 Name of Law: Occupational Safety and Health Act
   US Code: 29 USC 657 Name of Law: Occupational Safety and Health Act
   US Code: 29 USC 651 Name of Law: Occupational Safety and Health Act
   US Code: 29 USC 655 Name of Law: Occupational Safety and Health Act
   PL: Pub.L. 91 - 596 (6)(b)(6)(A) Name of Law: Occupational Safety and Health Act
   PL: Pub.L. 91 - 596 (6)(b)(6)(C) Name of Law: Occupational Safety and Health Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 62569	11/10/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 9386	02/18/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Occupational Safety and Health Variance Regulation	OSHA Form 5-30-4, OSHA Form 5-30-1, OSHA Form 5-30-3, OSHA Form 5-30-2	Experimental Variance Application ,   National Defense Variance Application ,   Permanent Variance Application ,   Temporary Variance Form

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	48	48	0	0	0	0
Annual Time Burden (Hours)	366	366	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $70,370

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 02/18/2022

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