Section 51 Variances

LibraryEmployer-Employee Law 2008

The Act contemplates that an employer may, in certain circumstances, obtain a variance from a particular standard or provision. Variances are governed by §§ 6 and 16 of the Act (29 U.S.C. §§ 655 and 665), as well as by 29 C.F.R. Part 1905.

There are two types of variances: temporary and permanent. A temporary variance is designed to allow an employer additional time to comply with a particular safety or health standard. The employer must show that it is “unable to comply with a standard by its effective date because of...

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