Standard Interpretations - Table of Contents
• Standard Number: 1905.11; 1910.179; 1910.180; 1910.184

September 18, 1995

MEMORANDUM FOR:     STEVE MALLINGER
                   Acting Director
                   Directorate of Technical Support

FROM:               JOHN MILES
                   Director
                   Directorate of Compliance

SUBJECT:            Comments on Variance Application Number 2293: VARIANCE
                   REQUEST FROM 1910.179(n)(3)(vi), 1910.180(h)(3)(vi), 
                   and 1910.180(h)(4)(ii)
This memorandum is in response to your request for assistance in evaluating a variance request for Lockheed Martin Astro Space.

Practices that the employer wishes to implement do not provide the same degree of protection as does compliance with the referenced OSHA standards. Therefore, the application should be denied. However, Lockheed Martin should be advised that if they can demonstrate that it is truly infeasible to perform the lifting task, without having employees under the load, the Office Of General Industry Compliance Assistance (GICA) will work with them to develop work practices which will reduce the potential for injury as much as is feasible. The proposals contained in the variance application will be a good starting point in the development of such practices.

The variance application proposes that employees be under suspended loads under certain specific conditions. The applicable OSHA standards require that employees be kept clear of suspended loads, or that the employer shall require that the operator avoid carrying loads over people.

Paragraph (a)(4) of 29 CFR 1905.11 contains the requirement relevant to the preceding comments. It requires that the applicant provide:

"A statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide employment and place