OSHA term · Glossary
Variance
Verified vs OSHA sources · 2026-10-05
An official OSHA authorization to deviate from a specific standard's requirements. To get one, an employer must generally show that its alternative conditions, methods, or processes protect workers at least as well as the standard would. OSHA's variance program (29 CFR Part 1905) recognizes four types: temporary, permanent, experimental, and national defense.
Also known as: OSHA variance
Variance at a glance
- A legal alternative to a specific standard — not an exemption from safety.
- Four types: temporary, permanent, experimental, and national defense.
- Permanent variance requires proving equal or greater protection.
- Temporary variance gives short-term relief when compliance by the effective date isn't feasible.
In plain English
OSHA's permission slip to do something differently than a rule requires — but only if you prove your way keeps workers just as safe (or safer). It's the legal path to an alternative method, instead of just ignoring the standard.
What the source says, in summary
A permanent variance may be granted where the employer demonstrates that the conditions, practices, means, methods, operations, or processes used or proposed will provide employment and places of employment as safe and healthful as those required by the standard.
In context
An enforcement, recordkeeping, or general-duty concept under the Occupational Safety and Health Act and 29 CFR. These terms define how OSHA inspects, cites, and penalizes employers.
Where this is written in OSHA's rules
- 29 CFR 1905Read on eCFR / OSHA.gov
Example
A manufacturer develops a new machine-guarding method that isn't described in the standard but testing shows protects workers better. Rather than risk a citation, it applies for a permanent variance, demonstrating the alternative provides equal or greater protection — and OSHA authorizes the method.
Why it matters
A variance is the compliant way to innovate or handle a situation a standard didn't anticipate — without it, doing something “not in the standard” invites a citation. It also protects employers who genuinely can't meet a new requirement on time, turning a potential violation into an authorized, documented alternative.
A variance is not a free pass
A variance doesn't excuse an employer from protecting workers — it authorizes a specific alternative that OSHA has found equally protective (or provides temporary relief while achieving compliance). Doing something different WITHOUT an approved variance is simply a violation.
Types of OSHA variance (29 CFR Part 1905)
| Type | When it applies |
|---|---|
| Temporary | Can't comply by the effective date; short-term relief while getting compliant |
| Permanent | An alternative provides equal or greater protection |
| Experimental | Testing new or improved hazard-control methods |
| National defense | Reasonably necessary for national defense |
Variance: frequently asked questions
- What is an OSHA variance?
- An official authorization to deviate from a specific OSHA standard, granted when the employer shows its alternative approach protects workers at least as well (or during a temporary compliance transition). It's the legal alternative to simply not following the standard.
- What are the types of OSHA variance?
- Four: temporary (short-term relief when compliance by the deadline isn't feasible), permanent (alternative provides equal or greater protection), experimental (testing new control methods), and national defense.
- Does a variance mean I don't have to protect workers?
- No. A variance authorizes a specific alternative that OSHA finds equally protective, or gives temporary relief while you achieve compliance. It never removes the duty to protect employees.
Related terms
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More OSHA terms
The action an employer takes to fix a cited violation or eliminate a hazard OSHA identified during an inspection. The citation sets an abatement date, the deadline to correct the hazard, and within 10 calendar days after that date the employer must certify to OSHA that the violation was abated. Failure to abate accrues additional penalties of up to $16,550 per day.
Area DirectorThe senior OSHA official in charge of a specific OSHA Area Office — the local unit that runs inspections and enforcement in its geographic territory. The Area Director has the authority to issue citations, propose penalties, hold informal conferences with employers, and approve settlement agreements. When a Compliance Safety and Health Officer (CSHO) completes an inspection, it's the Area Director who ultimately issues the citation.
Bureau of Labor Statistics (BLS)The federal statistical agency within the U.S. Department of Labor that collects, analyzes, and publishes data on workplace injuries, illnesses, and fatalities. BLS conducts the annual Survey of Occupational Injuries and Illnesses (SOII) — compiled from employer OSHA 300 logs — and the Census of Fatal Occupational Injuries (CFOI). SOII data drives OSHA's Site-Specific Targeting (SST) program: establishments whose DART rates significantly exceed their BLS industry average are placed on the SST inspection list.
Competent PersonUnder OSHA's construction standards, a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions, and who has the authorization to take prompt corrective measures to eliminate them. The role requires both knowledge and the authority to act, and is mandated by name in many specific standards — excavations, scaffolds, fall protection, asbestos, and more.
CitationThe formal written notice OSHA issues to an employer after an inspection, describing each alleged violation, the standard cited, the proposed penalty, and the date by which the hazard must be corrected (abated). OSHA must issue a citation with reasonable promptness and no later than six months after the violation occurred.
Closing ConferenceThe meeting at the end of an OSHA inspection where the compliance officer confers with the employer and informally advises them of any apparent violations found. Importantly, the closing conference discusses what was observed and the employer's rights — but it does NOT state final citations or penalties, which come later in the written Citation and Notification of Penalty.
Compliance Officer (CSHO)An OSHA Compliance Safety and Health Officer — the inspector who conducts workplace inspections. A CSHO presents credentials (a photo ID and a serial number), holds the opening conference, performs the walkaround, collects evidence, interviews employees, and recommends citations. CSHOs are either safety specialists or industrial hygienists.
ContestAn employer's formal challenge to an OSHA citation, penalty, or abatement date. To contest, the employer must file a written Notice of Contest with the OSHA Area Director within 15 working days of receiving the Citation and Notification of Penalty. Filing sends the case to the independent Occupational Safety and Health Review Commission (OSHRC); missing the deadline makes the citation a final, un-appealable order.
Sources & verification
- 29 CFR 1905 (eCFR / OSHA.gov)
- OSHA — Variance Program
- OSHA — Variances from OSHA Standards (fact sheet)
Reviewed by HazComFast against eCFR, OSHA.gov, NIOSH, and the Federal Register. Last reviewed 2026-10-05. This glossary is general information, not legal advice; OSHA State-Plan states (e.g. California, Michigan) may adopt stricter requirements.
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