Chapter 3.5. Occupational Safety and Health Standards Board
Subchapter 1. Rules of Procedure for Permanent Variances and Appeals from Temporary Variances
Article 2. Applications for Permanent Variances and Appeals from Temporary Variances

§411. Applications for Permanent Variances.

(a) Any Employer desiring a permanent variance from an occupational safety or health standard, regulation or order contained in California Code of Regulations, Title 8 shall file a written application for a variance, submitted under penalty of perjury, with the Standards Board.

NOTE: See Rule 403(n) for definition of Employer.

(b) One application for variance shall be submitted and shall include:

(1) The name and address of the Employer;

(2) The address(es) where the variance will be in effect;

(3) A description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the Employer to provide health and safety equal or superior to that provided by the regulations;

(4) A statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide health and safety equal or superior to that provided by the regulation from which a variance is sought;

(5) A certification that the Employer will comply with the notification and posting requirements contained in Rules 411.2 and 411.3 below;

(6) A specification of the Title 8 regulation from which the permanent variance is sought, including the appropriate subsections, if applicable;

(7) A statement of whether or not an appeal has been filed or is pending with the Occupational Safety and Health Appeals Board relative to the same safety order, including the Occupational Safety and Health Appeals Board docket number.

(8) A statement estimating the number of witnesses to be called by the Employer at the hearing and of the amount of time the Employer will require to present its case at the hearing; and

(9) One copy of any photographs, blueprints or other illustrative materials submitted to document or clarify the application.

Note: Authority cited: Section 143.2, Labor Code. Reference: Sections 143, 143.1, 143.2 and 146, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).2.

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsection (a)(5) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Editorial correction of printing error in subsection (a) (Register 94, No. 2).

4. Amendment of article heading, section heading and section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

5. Amendment of subsections (b) and (b)(9) filed 4-25-2022; operative 7-1-2022 (Register 2022, No. 17).