OAR 741-320-0040: Standards for Granting Variances

The primary purpose of ORS 824.056, and the walkway standards adopted by the Department is to protect the safety of railroad employees. However, subsection (2) of ORS 824.056 authorizes the Department to permit variances from the walkway standards for “good cause” shown. “Good cause,” for purposes of variances from the Department walkway 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 walkway standards; (2) The degree of impairment to railroad employee safety does not justify the expense of bringing the facility into compliance with the walkway standards; or (3) Other useful purposes served by the nonstandard condition(s) outweigh the impairment to railroad employee safety.