When can variance be sought? What are the kinds of variances?


If an employer, or a class of employers, believes that the OSHA standard is inappropriate to its particular situation, an exemption, or variance, may be sought. This variance may be temporary or permanent.
A temporary variance may be granted when the employer is unable to comply with a standard by its effective date because of the unavailability of professional or technological personnel or of materials or equipment necessary to come into compliance with the standard. The employer must show that all possible actions have been taken to protect employees and that all actions necessary for compliance are being undertaken.
Permanent variances are granted when the employer establishes by a preponderance of the evidence that its particular procedures provide as safe and healthful a workplace as the OSHA standard would provide. The affected employees must be informed of the request for the permanent variance and may request a hearing.?

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