22.304
Variations, tolerances, and exemptions
The Secretary of Labor can grant exceptions to labor standards requirements when necessary for the public interest or to prevent undue hardship, following specific regulatory procedures.
Overview
FAR 22.304 outlines the authority of the Secretary of Labor to grant variations, tolerances, and exemptions from the requirements of the Contract Work Hours and Safety Standards Act (CWHSSA) and related regulations. This section allows for flexibility in applying statutory and regulatory provisions when strict compliance would not serve the public interest or would cause injustice or undue hardship. Requests for such exceptions can be initiated by the Secretary or at the request of a Federal agency, and are governed by procedures in 29 CFR 5.14 and 5.15.
Key Rules
- Secretary of Labor's Authority
- The Secretary of Labor can grant reasonable limitations, variations, tolerances, and exemptions from CWHSSA provisions, either on their own initiative or at the request of a Federal agency.
- Criteria for Exemptions
- Variations, tolerances, and exemptions may be granted if necessary and proper in the public interest or to prevent injustice and undue hardship.
Responsibilities
- Contracting Officers: Must be aware of the possibility for exceptions and coordinate with agency officials if an exemption is needed.
- Contractors: Should understand that exceptions may be available and may request agency support if compliance causes undue hardship.
- Agencies: May request exemptions from the Secretary of Labor and must follow the procedures outlined in 29 CFR 5.14 and 5.15.
Practical Implications
- This section provides a mechanism for flexibility in applying labor standards when strict compliance is impractical or unjust.
- Contractors and agencies should document and justify any requests for exemptions.
- Failure to follow proper procedures may result in denial of requested variations or exemptions.