Action on variance requests.

CFR · 2024-01-01 · US · Title 10

(a) (2) If the Under Secretary approves a variance, the Under Secretary must notify the EHSS Director who must notify the Office of Enforcement and the CSO who must promptly notify the contractor. (3) The notification must include a reference to the safety and health standard or portion thereof that is the subject of the application, a detailed description of the variance, the basis for the approval and any terms and conditions of the approval. (4) If the Under Secretary denies a variance, the Under Secretary must notify the EHSS Director who must notify the appropriate CSO who must notify the contractor. (5) The notification must include the grounds for denial. (b) (1) Is consistent with section 3173 of the NDAA; (2) Does not present an undue risk to worker safety and health; (3) Is warranted under the circumstances; (4) Satisfies the requirements of § 851.31 of this part for the type of variance requested. (c) (2) Upon receipt of a denial recommendation, the CSO may: (i) Notify the contractor that the variance application is denied on the grounds cited by the EHSS Director; or (ii) Forward to the Under Secretary the variance application, the denial recommendation, the grounds for the denial recommendation, and any information that supports an action different than that recommended by the EHSS Director. (3) If the CSO forwards the application to the Under Secretary, the procedures in paragraphs (a)(2), (3), (4) and (5) of this section apply. (4) A denial of an application pu

official document · source cfr-2024 · id 10:§ 851.32