If the worksites for which variances are sought
are under federal OSHA's jurisdiction, applications should be
addressed to the Assistant Secretary and sent to OSHA's Office of Variance
Determination, 200 Constitution Ave., N.W., Washington, D.C. 20210
(phone: 202/219-7193). The following states are under federal OSHA's
jurisdiction: Alabama, American Samoa, Arkansas, Colorado, Connecticut, Delaware,
District of Columbia, Florida, Georgia, Guam, Idaho, Illinois, Kansas,
Louisiana, Maine, Massachusetts, Mississippi, Missouri,
Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota,
Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Trust
Territory of the Pacific Islands, Wake Island, West Virginia
and Wisconsin.
If the worksites are in a state or territory with
its own approved job safety and health program, variance applications
should be made directly to the state OSHA office, usually located in the
state department of labor. The following jurisdictions have their own
OSHA programs, and are called "state plan states." Alaska,
Arizona, California, Connecticut*, Hawaii, Indiana, Iowa, Kentucky,
Maryland, Michigan, Minnesota, Nevada, New Mexico, New York*, North
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont,
Virgin Islands, Virginia, Washington, and Wyoming.
Employers with establishments in more than one state
may seek multi-state variances. Even if one or more of these states has
its own OSHA-approved state safety and health plan, the employer
may consolidate the variance applications, address them to the
Assistant Secretary and mail them to the Office of Variance Determination.
OSHA's variance procedures permit employers with
multi-state establishments to use federal OSHA's variance reciprocity
procedures where such requests involve state plan standards (or portions
thereof), which are identical in substance and requirements to federal standards.
Such applications must include:
(a) A side-by-side comparison of the
federal standard and the state standards (or portions thereof) that
are identical in substance and requirements;
(b) A certification that the
employer has not filed for such variance on the same material facts for
the same employment or place of employment with any state authority
having jurisdiction under an approved OSHA plan; and,
(c) A statement, with appropriate
identification and current status, of any citations for violations of
the state standard that have been issued to the employer by any of
the state authorities enforcing the standard under a plan.
Upon receipt of a multi-state variance
application meeting all requirements, federal OSHA promptly furnishes
copies to appropriate state plan states and provides opportunity for
comment, including opportunity to participate as a party to
the consideration. As parties to the federal variance proceedings,
state plan states review applications and reach judgments on
establishments in their states in coordination with federal OSHA.
Federal OSHA will ensure that each state plan state involved in a
multi-state variance request has responded in writing, and the response
will be made a part of the variance record. If an individual state concurs
in the variance, the approval is reflected in the federal decision on
all establishments. If a state objects, it negotiates independently with
the employer to resolve any questions. If major differences result,
a state may handle that aspect of the variance request under its
jurisdiction independent of the multi-state application.
Once a federal OSHA variance has been granted which
applies to more than one state (including a state operating under a state
plan), the variance becomes the authoritative interpretation of
the employer's compliance obligations. This is true for the federal
standard as well as any identical state standard, except where objections
have been interposed by state authorities.
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