The following process shall be used when requesting a waiver or a variance from a requirement contained in the EM 385-1-1, Safety and Health Requirements Manual. Other DOD Components must submit their requests through their chain of command. (SEE Appendix N, EM 385-1-1)
1. Requester shall work the action with the local USACE Command Safety and Occupational Health Office. Waiver/variance request package shall include:
a. Specification of exact requirement from which relief is being sought, providing exact citation and quoting it. A separate request must be made for each requirement;
b. Statement as to whether a waiver (total elimination of the requirement) or a variance (retaining the basic requirement, but doing it differently) is being sought;
c. Details as to why it is not possible or practical to comply with the requirement;
d. All the information (maps, drawings, references, calculations, change analysis or impact, etc.) necessary to make an informed decision. The burden of proof rests with the requester. Failure to provide the necessary information may be justification for denial of the request;
e. Identification of specific time period/operation for which request is being made. A waiver/variance will be granted for specific time period and operation and may not be used as defense for failure to comply with requirement at another time or on another project;
f. Explanation of proposed method to be used in lieu of the requirement and how it provides protection equal to or greater than the requirement being challenged;
g. A detailed AHA addressing the alternate procedure. Risk assessment should be a part of the AHA process;
h. Provision of any other requirements or standards addressing the requirement in question. It is incumbent upon the requester to research and determine if other requirement or standard exists addressing the requirement from which relief is being sought. If there is, requester must identify it and provide copy. Requests for waivers/variances will not be processed until this requirement has been met; and
i. A cover letter.
2. Local SOHO shall cover package with their official signed memorandum requesting consideration and including their concurrence or non-concurrence with the request. Package is then sent via mail in hard copy or via e-mail with attached PDF file to HQ USACE-SO with a copy furnished to Division SOH Manager.
3. HQ USACE-SO will then evaluate request. USACE-SO shall have at least 10 working days from date of receipt to consider the request and to render a written decision.
4. A waiver or variance will not be carried over to other operations unless the evaluator extends the scope to include other times and operations. If warranted, HQ USACE-SO may issue a global variance based on an individual request.