Oregon Administrative Rules
Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION
Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT
Section 437-001-0400 - Application for a Variance
Universal Citation: OR Admin Rules 437-001-0400
Current through Register Vol. 64, No. 3, March 1, 2025
(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.
Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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