Occupational Safety and Health Variance Regulation

Temporary Variance Application Checklist
Use of this checklist can assist applicants to determine if an application for a
temporary variance is complete and appropriate.
Does the written application contain the following information?

Applicant Information

❏
❏
❏ ❏
Yes

Name and address of the applicant company.

Yes

Name of, and contact method for, the applicant’s authorized representative
and primary point of contact (if different from authorized representative).

Yes

NA

Address of place or places of employment involved (for multiple sites).

Support Information

❏
❏
❏

Yes

List of the newly published OSHA standard(s) from which the applicant is
requesting the experimental variance.

Yes

Statement of when the applicant expects to be able to comply with the standard(s),
and a detailed description of what steps the applicant is taking or will take (during
the period of the temporary variance), with specific dates when appropriate, to come
into compliance as quickly as possible with the new standard(s) from which the
applicant is requesting a temporary variance.

Yes

Statement based on one or more of the conditions specified below describing why
the applicant was unable to comply with the new standard(s) by its/their effective
date(s):

❏
❏
❏

Yes

Unavailability of technical or professional personnel;

Yes

Unavailability of material and/or equipment; and

Yes

Inadequate time allowed to complete the necessary construction
or alteration of facilities.

❏

Yes

Statement providing the names, occupations, and contact information of qualified
person(s) who can confirm the applicant’s explanation and assertion that it is unable
to comply with the new standard(s) by its/their effective date.

❏

Yes

Detailed description of the steps taken to safeguard workers against the hazards
covered by the standard, including a signed statement certifying that the applicant:

❏
❏
❏

Yes

Yes

Is taking all available steps to safeguard its workers against the hazards
covered by the standard(s); and

Yes

Has an effective program for coming into compliance with the standard(s)
as quickly as possible.

Statement that the applicant certifies that it informed its employees of the variance
application and of their right to petition the Assistant Secretary for a hearing by using
one or more of the means described below:

❏
❏

Yes

Giving a copy of the temporary variance application to the authorized
employee representative(s);

Yes

Posting a statement giving a summary of the application and specifying
where its employees may examine a copy of the temporary variance
application (at the place(s) where the applicant normally posts notices to
employees or, instead of a summary, posting the application itself); and

❏

Yes

If the applicant used an alternate means (other than the means specified in
the statements (a) and/or (b) above) to inform its employees of the
application and their right to petition the Assistant Secretary for a hearing,
then providing a detailed description of the alternate means.

If the variance application involves one (or more) states covered by Federal OSHA,
and one (or more) State Plan state(s),1 the application provides the following
information for each standard from which the applicant is requesting the temporary
variance:

❏
❏
❏

Yes

Side-by-side comparison of the OSHA standard(s) and the state standard(s)
that is/are identical to the OSHA standard;2

Yes

Statement certifying that the applicant has not filed an application for a
temporary variance on the same material facts for the same place(s) of
employment with the State Plan state/states in question; and

Yes

Statement identifying any pending citations issued to the applicant by a
State Plan state for violating the state standard(s) that is/are the subject of
this variance application.

Certification that the applicant is resolving any state plans state citation(s) as follows:

❏
❏
❏
❏
❏

Yes

The applicant is not contesting any citation(s) involving the standard
in question;

Yes

The applicant is taking measures to abate this/these citation(s);

Yes

The applicant is contesting a citation involving the standard in question.

Yes

If requesting an Interim Order, a statement of facts and argument explaining why
OSHA should grant such an Order.

Yes

Signed certification that the information contained in the application is accurate and
true to the best of the applicant’s knowledge.

Appropriateness of the Variance Application
A “Yes” response to any of the items below indicates that the application may not be appropriate:

❏ ❏

No

The variance the applicant is requesting is from a “performance” standard, which is
one that does not specify methods or actions that the employer must implement to
meet the requirements of the standard.

Yes

No

The application was submitted after the date the standard in question went into effect.

Yes

No

The application involves workplace locations that are solely in State Plan states.

Yes

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❏ ❏

The following are states and territories with approved state plans: AK, AZ, CA, CT,* HI, IA, IL,* IN, KY, MD, MI,
MN, NC, NJ,* NM, NV, NY,* OR, PR, SC, TN, UT, VA, VT, VI,* WA, and WY. *Plans cover public-sector employees
only; the remaining states cover both public- and private-sector employees.
2 If the state standard(s) is/are not identical to the OSHA standard(s), the applicant must apply to the state for an
temporary variance.
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