OSH ACT AND OSHA STANDARDS

Standards - Variances

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 if they can prove their facilities or methods of operation provide employee protection "at least as effective" as that required by OSHA.

Employers located in states with their own occupational safety and health programs should apply to the state for a variance. If however, an employer operates facilities in states under federal OSHA jurisdiction and also in State Plan states, the employer may apply directly to federal OSHA for a single variance applicable to all the establishments in question. OSHA then works with the State Plan states involved to determine if a variance can be granted which satisfies state as well as federal OSHA requirements.

Variances are not retroactive. An employer who has been cited for a standards violation may not seek relief from that citation by applying for a variance. However, after employers are cited for violations, they may apply for a variance to prevent being cited in the future. The different types of variances are listed below. Click on each to learn more.

Temporary Variance		Permanent Variance
Interim Order		Experimental Variance/Other

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