510 EM 385-1-1 Chapters 1-8

Sections

2-8. General Requirements

Interpretations

Prime contractors must submit requests for interpretation officially, identifying and quoting the specific requirement, stating the confusion source, and providing necessary context and rationale.
Contractors must request interpretation through the field office, which coordinates with the local SOHO. The local USACE SOHO submits requests to the HQUSACE-SO SharePoint within five business days.
Division SOHO reviews and responds within five business days. HQUSACE-SO considers the request and issues a decision within 15 business days from receipt.

Note: Interpretations are specific to the time and context of application and are not precedents for future applications. Unofficial requests can be made via email or telephone for general guidance.

Variances and Waivers

Variances and waivers to EM385-1-1 require approval from the Chief of Safety and Occupational Health, HQUSACE, and must provide an equal or greater level of protection. The process involves a hazard analysis and documentation sent to HQUSACE.
Requests for variances/waivers must include specific identification of the requirement, the type of relief sought, reasons for non-compliance, supporting information, and a detailed risk assessment. The burden of proof rests with the requester.
Requesters must coordinate actions with the local USACE SOHO and ensure all necessary information and justifications are provided within the stipulated time frame.

Requests must be complete, addressing all requirements and standards related to the request. Waivers/variances are specific to time periods and operations and cannot be used as a defense for non-compliance elsewhere.

Knowledge Check Choose the best answer for the question.

2-9. Variances and waivers to provisions of the EM385-1-1 must _____.

be coordinated with end users and SSHOs

include approval by the host employer

identify the responsible parties

provide an equal or greater level of protection

You forgot to answer the question!

EM 385-1-1 Paragraph 2-8 (g.–h.).

2-8. General Requirements. (g.–h.).

g.  Interpretations.  The following process will be used for contractors requesting interpretation of a requirement contained in this manual.  (2-8.g)

(1)  The prime contractor must officially submit the following:

(a)  Specifically identify the requirement for information/interpretation.

(b)  Provide the exact citation and quote the requirement in question.  A separate request must be made for each requirement.

(d)  Provide all the information necessary to understand the context in which the requirement is being applied.

(e)  Provide the information/interpretation of the requirement and rationale.

(2)  A contractor must request interpretation of a requirement from the field office under which they work who will then coordinate with the local SOHO to provide a response.  The local USACE SOHO must submit the official request for information/interpretation to the HQUSACE-SO SharePoint located at https://team.usace.army.mil/sites/HQ/SO/Pages/Variances_and_Waivers.aspx within five business days of receipt.

(3)  The entire package containing the requester’s information, the local SOHO’s interpretation, rationale, and supporting information in the HQUSACE-SO SharePoint will be sent to the division SOHO who must render a response within five business days of receipt in the system, and HQUSACE-SO will have at least 15 business days from date of receipt to consider the request and to render a written decision from the Chief of Safety and Occupational Health, HQUSACE.

Note. Interpretations apply ONLY to the specific time and the context in which the requirement is being applied.  They may not be used as precedents to determine future applications of the requirement.  HQUSACE-SO will make the proper notifications if a request for information/interpretation may be applied globally.

(4)  Unofficial requests for interpretations to include clarifications of requirements from local SOHOs may be made via email or telephone.  However, the answers provided via this mode will be considered general guidance, not official information/interpretations.

(5)  HQUSACE-SO will NOT accept requests for official information/interpretations from parties outside the USACE structure.

h.  Variances and Waivers.   Within the Corps of Engineers, variances and waivers to provisions of this manual require the approval of the Chief of Safety and Occupational Health, HQUSACE. Variances or waivers must provide an equal or greater level of protection, must be substantiated with a hazard analysis of the activity and must be documented and forwarded through channels to Chief of Safety and Occupational Health, HQUSACE.  (2-8.h)

(1)  The following process must be used when requesting a waiver or variance from a requirement contained in this manual:

(a)  Official requests for variances and waivers and all responses must be submitted through the local USACE SOHO, who will enter the request in the HQUSACE-SO SharePoint.

(b)  The local SOHO must submit, render a concurrence or non-concurrence, and justification within five business days.

(2)  Waiver/Variance request package must be complete and must include the following:

(a)  Specific identity of the requirement for which relief is being sought, providing exact citation and quoting the requirement;

(b)  Statement as to whether a waiver (total elimination of the requirement) or a variance (retaining the basic requirement, but doing it differently) is being sought;

(d)  All the information (maps, drawings, references, calculations, change analysis or impact, etc.) necessary to make an informed decision.  The burden of proof rests with the requester.  Failure to provide the necessary information may be justification for denial of the request. It is up to the requester to make the case as to why the requirement should be waived or varied;

(e)  Identification of specific time period and operation for which the request is being made.  A waiver/variance will be granted for specific time periods and operations and may not be used as a defense for failure to comply with a requirement at another time or on another project;

(f)  Explanation of method they plan to use in lieu of the requirement and how it provides protection equal to or greater than the requirement being challenged;

(g)  A detailed AHA addressing the alternate procedure.  Risk assessment should be a part of the AHA process;

(h)  Provision of any other requirements or standards addressing the requirement in question. It is incumbent upon the requester to research the literature to determine if any other requirement or standard exists addressing the requirement from which relief is being sought. If there is another standard(s), the requester must identify it and provide a copy.  Requests for waivers/variances will not be processed until this requirement has been met.

(3)  Requester must work the action with the local USACE SOHO.

2-9. Figures and Tables.

See Figures/Tables Checklists/Forms

2-10. Checklists and Forms.