OSHA Variances
A variance is official permission from OSHA for an employer to use a different method than a standard requires, or to get extra time to meet a new standard. It is not a loophole. The employer must prove that workers will be as safe as they would be under the rule, and workers have a voice in the process.
- Employers
- Workers
- Safety Managers
Types of variances
| Type | What it does |
|---|---|
| Temporary variance | Gives extra time to comply with a new standard when the employer can’t meet it by the deadline, for reasons like lack of materials, equipment or trained people. The employer must apply before the deadline, show it’s working to comply, and protect workers in the meantime. It’s time-limited and may be renewed only in limited cases. |
| Permanent variance | Lets an employer use a different method that the employer proves is at least as safe as the standard. The employer must apply and OSHA must agree. It can be changed or revoked. |
| Experimental variance | Allows an employer to try a new idea that could improve protection, usually to help test it for future rules. |
| Other variances | Special rules can apply for national defense or similar situations. |
Variances apply to a specific employer and worksite and for specific conditions. They are not general permission for everyone. The rules are in 29 CFR Part 1905. Details change, so check OSHA’s variance page.
How an employer applies
- The employer applies in writing to OSHA, explaining the standard, the alternative and the reasons.
- The application must describe how workers will be protected, including training, equipment and procedures.
- The employer must tell affected workers and give their representatives a copy of the application. Notice is posted where workers will see it.
- Workers or their union can ask for a hearing and comment on the proposal.
- OSHA reviews, may ask for more information or visit the site, then grants or denies the variance.
- If granted, the employer must follow the conditions. OSHA can inspect for compliance.
State-plan states handle variances through their own agencies, so ask your state office. See State Plans Overview.
What a variance is not
- Not a letter of interpretation. That’s OSHA explaining how a rule applies. See Letters of Interpretation.
- Not a de minimis notice. OSHA may treat a minor deviation that doesn’t affect safety as a de minimis condition without a citation. That’s different from a variance.
- Not a way to skip training or PPE. The alternative must give equal protection.
- Not retroactive. A variance doesn’t excuse violations that happened before it was granted.
Workers’ rights
- You can ask your employer if a variance covers your work, and ask for a copy.
- You can take part in the process through hearings and written comments.
- You still have all your rights to a safe workplace and to complain. See Worker Rights.
- If an employer claims to have a variance but you can’t see proof, ask for it in writing. If a shortcut seems unsafe, you can contact OSHA at 1-800-321-OSHA (6742). See Whistleblower Protection.
Examples of why employers ask
- Using a different fall protection or scaffold method where the standard method creates a worse hazard
- Using new technology, such as a different kind of equipment or monitoring
- Needing extra time to buy and install new equipment after a new rule
Before seeking a variance, many employers first check whether the standard already allows what they want. See Reading a Standard and Construction Standards (1926).
Checklist for employers
- I read the standard and confirmed that no existing option fits
- I can show the alternative is as safe or safer
- I notified workers and gave their representatives a copy
- I applied before the deadline (for temporary variances)
- I follow every condition once granted, and keep records
Standards & references
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