---
kind: "section"
citation: "29 C.F.R. § 1905.5"
title: "29"
number: "1905.5"
heading: "Effect of variances."
url: "https://uscodex.org/cfr/29/1905.5"
---

# §1905.5. Effect of variances.


All variances granted pursuant to this part shall have only future effect. In his discretion, the Assistant Secretary may decline to entertain an application for a variance on a subject or issue concerning which a citation has been issued to the employer involved and a proceeding on the citation or a related issue concerning a proposed penalty or period of abatement is pending before the Occupational Safety and Health Review Commission or appropriate State review authority until the completion of such proceeding.


## Notes

### Amendments

[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]

### Authority

Authority: Secs. 6, 8, 16, Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 657, 665), Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736) as applicable.

### Source

Source: 36 FR 12290, June 30, 1971, unless otherwise noted.

### Amendments

[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]