ABSTRACT
Safety professionals should be aware that other documentation, such as documents related to training and disciplinary action, are often utilized as evidence within the Occupational Safety and Health Administration (OSHA) appeal structure. Safety professionals should be aware that their written compliance programs as well as training documents, disciplinary actions, and all documentation generated within the safety function can be utilized as evidence, whether as part of the employer's defense or subpoenaed by OSHA or a third party. Safety professionals should be aware that significant time and effort are required to pursue a variance and there are different kinds of variances. When employers apply for a temporary or permanent variance, OSHA can, upon request, grant them an interim order allowing them to use the proposed alternative means of compliance while OSHA is reviewing their variance application. An employer may request a temporary variance for a specific workplace(s).
