OAR 741-300-0031: Standards for Granting Variances

The primary purpose of ORS 824.052, and the track clearance standards adopted by the Department thereunder, is to protect the safety of railroad employees. However, subsection (2) of ORS 824.052 authorizes the Department to permit variances from the clearance standards for “good cause.” “Good cause,” for purposes of variances from the Department’s clearance standards, exists if: (1) The risk to railroad employee safety caused by the nonstandard condition(s) will not be significantly greater than the risk railroad employees would ordinarily encounter if the facility was in compliance with the clearance standards; (2) The degree of impairment to railroad employee safety does not justify the expense of bringing the facility into compliance with the clearance standards; or (3) Other useful purposes served by the nonstandard condition(s) outweigh the impairment to railroad employee safety.