(a) Variances from standards in this part may be granted in the same
circumstances in which variances may be granted under sections
6(b)(6)(A) or 6(d) of the Williams-Steiger Occupational Safety and
Health Act of 1970 (29 U.S.C. 655). The procedures for the granting of
variances and for related relief under this part are those published in
part 1905 of title 29, Code of Federal Regulations.
(b) Any requests for variances shall also be considered requests for
variances under the Williams-Steiger Occupational Safety and Health Act
of 1970, and any variance from a standard which is contained in this
part and which is incorporated in part 1910 of title 29, Code of Federal
Regulations, shall be deemed a variance from the standard under both the
Walsh-Healey Public Contracts Act and the Williams-Steiger Occupational
Safety and Health Act of 1970. In accordance with the requirements of
Sec. 1954.3(d)(1)(i) of title 29, Code of Federal Regulations, variance
actions taken under State provisions under a State occupational safety
and health plan approved under section 18 of the Occupational Safety and
Health Act of 1970 with regard to State standards found to be at least
as effective as the comparable Federal standards contained in this Part
and incorporated in part 1910 of title 29, Code of Federal Regulations,
shall be deemed a variance action from the standard under both the
Walsh-Healey Public Contracts Act and the Occupational Safety and Health
Act of 1970.
[36 FR 9868, May 29, 1971, as amended at 40 FR 25452, June 16, 1975]
