Or. Admin. Code § 437-001-0400

Current through Register Vol. 63, No. 11, November 1, 2024

Section 437-001-0400 - Application for a Variance

(1) Any employer may apply for a variance from any rule which specifically affects working conditions. This application may be submitted:

(a) On a form provided by Oregon OSHA; or

(b) In any written form that includes all information required by OAR 437-001-0400(2) and (3).

(2) An application for a variance must contain:

(a) The name and address of the employer;

(b) The address and location of the place of employment;

(c) The rule, identified by number, from which the variance is sought;

(d) The type of variance desired (see OAR 437-001-0015);

(e) The means by which employees will be protected from the hazard until final action is taken on the variance request;

(f) A description of the means proposed to be used to provide employment which is as safe and healthful as that obtained by compliance with the rule;

(g) Certification that all affected employees have been informed of the application and of their right to comment on it by;

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

(B) Posting a statement giving a summary of the application and specifying where a copy may be examined, at the place or places where notices to employees are normally posted (or in lieu of such summary, the posting of the application itself); and

(C) By other appropriate means.

(h) A description of how employees have been informed of the application and of their right to comment on it to the Administrator, Oregon OSHA, 350 Winter St. NE Room 300, Salem, Oregon, 97301 before it becomes final.

(i) A statement of whether the employer has previously filed an application for a similar variance with any state or federal agency.

(3) If the employer is applying for a research variance, the application must contain the following additional information:

(a) The purpose and contribution of the intended research;

(b) A discussion of the research methods;

(c) The research schedule, including the projected completion date;

(d) A description of the hazards to which employees may be exposed and the steps to be taken to protect the employees safety and health;

(e) Biographical information to indicate the competence of the research staff;

(f) Assurances that the project will be funded adequately; and

(g) Assurances that Oregon OSHA will be given a copy of the research report prepared under the variance. However, no trade secret, patented or patentable material, or data need be submitted by the employer.

(4) If the employer is applying for a temporary variance, the application must contain the following additional information:

(a) A statement of facts why the applicant is unable to comply with the rule by the effective date which is supported by representations from qualified persons having firsthand knowledge of the facts and include data on:

(A) Unavailability of professional or technical personnel; or

(B) Unavailability of materials and equipment needed; or

(C) Inability to complete the construction or alteration of facilities by the effective date.

(b) An effective program including a timetable for complying with the rule; and

(c) The specific steps taken to protect employees against the hazard.

Or. Admin. Code § 437-001-0400

WCB 19-1974, f. 6-5-74, ef. 7-1-74; WCB 8-1975, f. 8-5-75, ef. 9-1-75; WCD 5-1978, f. 6-22-78, ef. 8-15-78; WCD 4-1981, f. 5-22-81, ef. 7-1-81; WCD 6-1982, f. 6-28-82, ef. 8-1-82; APD 7-1988, f. 6-17-88, ef. 7-1-74; OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12; OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)

Statutes/Other Implemented: ORS 654.001-654.295