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Cal/OSHA California's Employer Records of Occupational Injury and Illness Highlights

Details || Highlights - 14300.38 || California Standards -14300.38 || F.A.Qs - 14300.38
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DETAILS

14300.38 - Variances from the Recordkeeping Rule

Recordkeeping Auto industry

Private Employer Variance Petitions must be submitted to the Assistant Secretary of Labor of Occupational Safety and Health (Assistant Secretary), U. S. Department of Labor, Washington, DC 20210. 

Public Employer Variance Petitions must be submitted to the California Department of Industrial Relations, Chief of the Division of Labor Statistics and Research.

No alternative recordkeeping practices are allowed until the variance petition is approved. 

The variance petition has no effect on any citations issued by the Division of Occupational Safety and Health.

Assistant Secretary of Labor or the Chief of the Division of Labor Statistics and Research, may elect not to review a employer variance petition if it :

  • includes elements for which a citation has been issued, and 
  • the citation is still under review by a court, Administrative Law Judge (ALJ) or the California Occupational Safety and Health Appeals Board.

Private employer and public employer variance petitions must contain employer’s: 

  • name and address
  • list of state(s) where the variance would be used
  • address(es) of the establishment(s) involved
  • reasons for the variance 
  • alternative recordkeeping procedures 
  • explanation of how the alternative procedures will collect the same required information and achieve the same purpose as the Cal/OSHA Recordkeeping Rule 

Private employer and public employer variance petitions must contain employer’s statement that employees have been informed of the petition by : 

  • giving them or their authorized representatives a copy of the petition, and
  • posting a statement summarizing the petition in the same way as notices posted under Title 8 Section 340.

Assistant Secretary of Labor or the Chief of the Division of Labor Statistics and Research:

  • offers employees and their authorized representatives an opportunity to submit written data, views and arguments 
  • may allow public comment (by publishing the petition in the Federal Register for private employers ) and establish a public comment period which may include a schedule for public meetings

Assistant Secretary of Labor or the Chief of the Division of Labor Statistics and Research:

  • reviews the variance petition, comments from employees and the public, and
  • decides if the proposed procedures meet the relevant criteria (i.e. meets the purposes of the Act, does not otherwise interfere with the Act and provides the same required information), and
  • may grant the variance subject to certain appropriate conditions if the relevant criteria are met.

For Private Employers, OSHA will :

  • publish notice in the Federal Register to announce the variance if it is granted by the Assistant Secretary of Labor. The notice includes the:
  • procedures or practices the variance allows 
  • conditions that apply
  • reasons for allowing the variance

Assistant Secretary of Labor or the Chief of the Division of Labor Statistics and Research may: 

  • revoke a variance for “good cause" using the same review process outlined for granting the variance except in cases of willfulness or where necessary for public safety.
  • provide notification in writing of the facts or conduct that may warrant revocation of the variance, and
  • offer the employer, employees and authorized employee representatives an opportunity to participate in the revocation procedures. 




Details || Highlights - 14300.38 || California Standards -14300.38 || F.A.Qs - 14300.38
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