Department of Consumer and Business Services
Oregon Occupational Safety and Health Division - Chapter 437
Division 1
RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT
437-001-0435
Effect of a Variance Granted by the U.S. Secretary of Labor
(1) If an employer requesting a variance from an Oregon rule submits proof that a variance from an equivalent federal rule has been granted by the U.S. Secretary of Labor, the federal variance will be accepted in lieu of the information required by OAR 437-001-0400, Application for a Variance.
(2) If an employer is cited for violating an Oregon rule equivalent to a federal rule for which a variance has been granted by the U.S. Secretary of Labor, and all conditions of that variance are being met, the Administrator will consider the federal variance as a possible defense against the citation.
Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
History:
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74