standard to employers who can prove that their

methods, conditions, practices, operations, or

processes provide workplaces that are as safe

and healthful as those that follow the OSHA

standards. When applying for a permanent variance, employers must let workers know they have

filed the application and that the workers have the

right to request a hearing. To decide whether to

grant a permanent variance, OSHA reviews the

employer’s evidence and, if appropriate, visits the

workplace to confirm the facts provided in the

application. If the request has merit, OSHA may

grant a permanent variance. Final variance orders

detail the employer’s specific responsibilities and

requirements and explain exactly how the

employer’s method varies from the OSHA requirement. For details on the information required in

the application for a permanent variance, see 29

CFR Part 1905.11 Subpart B.

Experimental variance

Employers use experimental variances to demonstrate or validate new or improved safety and

health techniques. They are developed in close

cooperation with OSHA. For details on the information required in the application for an experimental

variance, see section 6(b)(6)(C) of the Occupational

Safety and Health Act of 1970 (OSH Act).

National defense variance

OSHA uses national defense variances to grant

“reasonable variations, tolerances and exemptions to and from” the requirements of the OSH

Act “to avoid serious impairment of the national

defense.” If a defense variance is in effect for

more than six months, employers must notify

workers and offer a public hearing on the issues

involved. For details on the information required

In situations like these, employers may apply

to OSHA for a variance. There are four types of

variances: temporary, permanent, experimental

and national defense.

Temporary variance

A temporary variance allows employers a shortterm (limited time) relief from a standard when

they cannot comply with newly published OSHA

requirements by the prescribed effective date

because the necessary construction or alteration

of the facility cannot be completed in time or

when technical personnel, materials, or equipment are temporarily unavailable. To be eligible

for a temporary variance, an employer must

implement an effective compliance program as

quickly as possible. In the meantime, the employer must demonstrate to OSHA that all available

steps are being taken to safeguard workers.

Inability to afford compliance costs is not a valid

reason for requesting a temporary variance. For

details on the information required in the application for a temporary variance, see 29 CFR Part

1905.10 Subpart B.

Interim order

An interim order permits an employer to

continue operating under existing conditions

while OSHA considers the employer’s request

for a variance – whether temporary, permanent,

or both. If the interim order is granted, employers

must inform workers by giving a copy of the order

to authorized employee representatives and posting a copy prominently in the workplace.

Permanent variance

A permanent variance grants an alternative

means of compliance with the requirements of a

FactSheet

Variances from OSHA Standards

Generally, a variance is an alternative procedure of compliance with some part of a

safety and health standard granted by OSHA to an employer. For example, sometimes

employers may not be able to comply fully and on time with a new safety or health

standard because of a shortage of personnel, materials, or equipment. Or employers

may prefer to use methods, equipment, or facilities that they believe protect workers

as well as or better than OSHA standards. SeeTitle 29 of the Code of Federal

Regulations (CFR), Part 1905, Rules of Practice standard for more information.
in the application for a national defense variance,

see 29 CFR Part 1905.12 Subpart B.

How to apply for a variance

That will depend on whether the worksite involved

is under federal or state/territorial jurisdiction.

Federal

Forward these variance applications to U.S.

Department of Labor/OSHA, Office of Technical

Programs and Coordination Activities, 200

Constitution Avenue, NW, N-3655, Washington,

DC 20210. The following states and territories are

under federal jurisdiction. States: AL, AR, CO,

DC, DE, FL, GA, ID, KS, LA, MA, ME, MO, MS,

MT, ND, NE, NH, OK, OH, PA, RI, SD, TX, WI,

WV. Territories: American Samoa, Guam, Trust

Territory of the Pacific Islands, and Wake Island.

State/Territorial

Address these variance applications to the appropriate state or territorial OSHA office, which is

usually located in the Department of Labor of a

state or territory. The following states and territories operate under their own OSHA-approved job

safety and health programs and cover state and

local government employees as well as private

sector employees. States: AK, AZ, CA, CT*, HI, IA,

IL*, IN, KY, MD, MI, MN, NC, NJ*, NM, NV, NY*,

OR, SC, TN, UT, VA, VT, WA, WY. Territories: PR,

VI*. Addresses for these states are available on

the OSHA website at www.osha.gov.

*Plans cover public employees only.

This is one in a series of informational fact sheets highlighting OSHA programs, policies or

standards. It does not impose any new compliance requirements. For a comprehensive list of

compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal

Regulations. This information will be made available to sensory impaired individuals upon request.

The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.

What if I have worksites in more

than one state?

If you have operations in more than one state, you

may apply for a multi-state variance. Even if one or

more of the states involved has its own OSHAapproved state plan, you may consolidate your

variance applications. If a state standard is identical

to the federal standard, the state will have the

opportunity to join with Federal OSHA in granting a

variance. See 29 CFR 1952.9 for more information.

Additional information

For more information on variance applications,

visit OSHA’s website at www.osha.gov/dts/otpca/

variances /apply.html. OSHA has various publications, standards, technical assistance, and compliance tools to help you, and offers extensive assistance through state plans, workplace consultations,

and training and education. OSHA’s Safety and

Health Program Management Guidelines (54

Federal Register (16): 3904-3916, January 26, 1989)

detail elements critical to the development of a successful safety and health management system. This

and other information are available online.

Contacting OSHA

To report an emergency, file a complaint, or seek

OSHA advice, assistance,or products, call (800) 321-

OSHA (6742) or contact your nearest OSHA regional or area office.

U.S. Department of Labor

www.osha.gov

(800) 321-OSHA

For more complete information:

DTSEM 10/2009