Overview
This section establishes the authority of the Secretary of Labor to grant modifications, exceptions, or relief from the statutory and regulatory requirements of the Contract Work Hours and Safety Standards Act.
Key Rules
- Statutory Authority: Under 40 U.S.C. 3706, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from any provision of the statute.
- Initiation of Requests: These actions can be taken at the Secretary's own initiative or upon request from a Federal agency.
- Regulatory Flexibility: The Secretary may grant exemptions from the regulatory requirements of 29 CFR when deemed necessary and proper in the public interest.
- Criteria for Relief: Regulatory variations are specifically permitted to prevent injustice or undue hardship.
- Cross-References: Specific procedures and standards for these actions are governed by Department of Labor regulations at 29 CFR 5.14 and 5.15.
Practical Implications
- Contractors or agencies facing unique circumstances that make strict compliance with labor standards impossible or unfairly burdensome can petition the Department of Labor for formal relief.
- While the FAR provides a mechanism for exemptions, they are granted at the Secretary of Labor's discretion and are typically reserved for cases involving the public interest or extreme hardship.