(a)
(b)
(1) The name and address of the applicant;
(2) The address of the place or places of employment involved;
(3) A specification of the standard or portion thereof from which the applicant seeks a variance;
(4) A representation by the applicant, supported by representations from qualified persons having first-hand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof by its effective date and a detailed statement of the reasons therefor;
(5) A statement of the steps the applicant has taken and will take, with specific dates where appropriate, to protect employees against the hazard covered by the standard;
(6) A statement of when the applicant expects to be able to comply with the standard and of what steps he has taken and will take, with specific dates where appropriate, to come into compliance with the standard;
(7) A statement of the facts the applicant would show to establish that
(i) The applicant is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date;
(ii) He is taking all available steps to safeguard his employees against the hazards covered by the standard; and
(iii) He has an effective program for coming into compliance with the standard as quickly as practicable;
(8) Any request for a hearing, as provided in this part;
(9) A statement that the applicant has informed his affected employees of the application by giving a copy thereof to their authorized representative, 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, and by other appropriate means; and
(10) A description of how affected employees have been informed of the application and of their right to petition the Assistant Secretary for a hearing.
(11) Where the requested variance would be applicable to employment or places of employment in more than one State, including at least one State with a State plan approved under section 18 of the Act, and involves a standard, or portion thereof, identical to a State standard effective under such plan:
(i) A side-by-side comparison of the Federal standard, or portion thereof, involved with the State standard, or portion thereof, identical in substance and requirements;
(ii) A certification that the employer or employers have 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 approval plan over any employment or place of employment covered in the application; and
(iii) A statement as to whether, with an identification of, any citations for violations of the State standard, or portion thereof, involved have been issued to the employer or employers by any of the State authorities enforcing the standard under a plan, and are pending.
(c)
(2)
(3)
(a)
(b)
(1) The name and address of the applicant;
(2) The address of the place or places of employment involved;
(3) A description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the applicant:
(4) A statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide employment and places of employment to employees which are as safe and healthful as those required by the standard from which a variance is sought:
(5) A certification that the applicant has informed his employees of the application by
(i) Giving a copy thereof to their authorized representative;
(ii) 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
(iii) By other appropriate means;
(6) Any request for a hearing, as provided in this part; and
(7) A description of how employees have been informed of the application and of their right to petition the Assistant Secretary for a hearing.
(8) Where the requested variance would be applicable to employment or places of employment in more than one State, including at least one State with a State plan approved under section 18 of the Act, and involves a standard, or portion thereof, identical to a State standard effective under such plan:
(i) A side-by-side comparison of the Federal standard, or portion thereof, involved with the State standard, or portion thereof, identical in substance and requirements;
(ii) A certification that the employer or employers have 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 plan over any employment or place of employment covered in the application; and
(iii) A statement as to whether, with an identification of, any citations for violations of the State standard, or portion thereof, involved have been issued to the employer or employers by any of the State authorities enforcing the standard under a plan, and are pending.
(c)
(2)
(3)
(a)
(b)
(1) The name and address of the applicant;
(2) The address of the place or places of employment involved;
(3) A specification of the provision of the Act to or from which the applicant seeks a limitation, variation, tolerance, or exemption;
(4) A representation showing that the limitation, variation, tolerance, or exemption sought is necessary and proper to avoid serious impairment of the national defense;
(5) Any request for a hearing, as provided in this part; and
(6) A description of how employees have been informed of the application and of their right to petition the Assistant Secretary for a hearing.
(c)
(2)
(3)
(a)
(i) The name and address of the applicant;
(ii) A description of the relief which is sought;
(iii) A statement setting forth with particularity the grounds for relief;
(iv) If the applicant is an employer, a certification that the applicant has informed his affected employees of the application by:
(
(
(
(v) If the applicant is an affected employee, a certification that a copy of the application has been furnished to the employer; and
(vi) Any request for a hearing, as provided in this part.
(2) The Assistant Secretary may on his own motion proceed to modify or revoke a rule or order issued under section 6(b) (6) (A), 6(d), or 16 of the Act. In such event, the Assistant Secretary
(i) How the proposed modification or revocation would affect the requesting party; and
(ii) What the requesting party would seek to show on the subjects or issues involved.
(b)
(c)
(a)
(2) Prompt notice of the denial of an application shall be given to the applicant.
(3) A notice of denial shall include, or be accompanied by, a brief statement of the grounds for the denial.
(4) A denial of an application pursuant to this paragraph shall be without prejudice to the filing of another application.
(b)
(2) A notice of the filing of an application shall include:
(i) The terms, or an accurate summary, of the application;
(ii) A reference to the section of the Act under which the application has been filed;
(iii) An invitation to interested persons to submit within a stated period of time written data, views, or arguments regarding the application; and
(iv) Information to affected employers, employees, and appropriate State authority having jurisdiction over employment or places of employment covered in the application of any right to request a hearing on the application.
(3) Where the requested variance, or any proposed modification or extension thereof, involves a Federal standard, or any portion thereof, identical to a State standard, or any portion thereof, as provided in §§ 1905.10(b)(11) and 1905.11(b)(8) of this chapter, the Assistant Secretary will promptly furnish a copy of the application to the appropriate State authority and provide an opportunity for comment, including the opportunity to participate as a party, on the application by such authority, which shall be taken into consideration in determining the merits of the proposed action.
(4) A copy of each final decision of the Assistant Secretary with respect to an application filed under § 1905.10, § 1905.11, or § 1905.13 shall be furnished, within 10 days of issuance, the State authorities having jurisdiction over the employment or place of employment covered in the application.
(a)
(b)
(1) A concise statement of facts showing how the employer or employee would be affected by the relief applied for;
(2) A specification of any statement or representation in the application which is denied, and a concise summary of the evidence that would be adduced in support of each denial; and
(3) Any views or arguments on any issue of fact or law presented.
The Assistant Secretary on his own motion or that of any party may consolidate or contemporaneously consider two or more proceedings which involve the same or closely related issues.