By Eric J. Conn, Head of the OSHA Practice Group
Pursuant to the Regulatory Flexibility Act, the federal government and its agencies, such as OSHA, are required to give notice of significant rulemaking and other regulatory activity by publishing “semi-annual” regulatory agendas that outline the status of on-going and intended federal regulations and standards. Someone needs to tell the Administration that “semi-annual” means twice yearly, not every other year.
Historically, the Office of Information and Regulatory Affairs (OIRA) issues a Spring regulatory agenda sometime during the summer, and a Fall regulatory agenda sometime in the winter. Before last week (the … Continue Reading
Happy Holidays and Happy New Year to all of you, and Happy 1st Anniversary to the OSHA Law Update blog. On December 20th, we celebrated our first full year of updates and articles (56 of them) about important OSHA Law topics here on the OSHA Law Update blog. We would hardly have the energy or enthusiasm to keep the OSHA Law Update current if it were not for all of the incredibly positive feedback, comments, and questions that we have received over the year from all of you. Thank you for that.
Just as we did last year, … Continue Reading
By Alexis M. Downs
OSHA recently increased the amount of information that is publically available on OSHA’s website regarding “variances.” Variances are alternative methods for addressing a safety hazard that do not technically comply with OSHA standards. OSHA has allowed employers to formally apply for variances for more than 30 years, yet there are currently fewer than 30 approved variances in effect.
A variance does not actually grant relief from the standard, but rather, allows for a different method of addressing the hazard or gives a temporary reprieve under certain circumstances. OSHA recognizes four types of variances:
… Continue Reading
- Temporary variances;