(a) Standards. Section 5(i)(2) and section 7(g)(2) of the Act
provide that ``no part of any project or production which is financed in
whole or in part under this section will be performed or engaged in
under working conditions which are unsanitary or hazardous or dangerous
to the health and safety of the employees engaged in such project or
production. Compliance with the safety and sanitary laws in the State in
which the performance or part thereof is to take place shall be prima
facie evidence of compliance. * * *'' The applicable safety and health
standards shall be those set forth in 29 CFR parts 1910 and 1926,
including matters incorporated by reference therein. Evidence of
compliance with State laws relating to health and sanitation will be
considered prime facie evidence of compliance with the safety and health
requirements of the Act, and it shall be sufficient unless rebutted or
overcome by a preponderance of evidence of a failure to comply with any
applicable safety and health standards set forth in 29 CFR parts 1910
and 1926, including matters incorporated by reference therein.
(b) Variances. (1) Variances from standards applied under paragraph
(a) of this section may be granted under the same circumstances in which
variances may be granted under section 6(b)(6)(A) or 6(d) of the
Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C.
655). The procedures for the granting of variances and for related
relief are those published in part 1905 of this title.
(2) Any requests for variances shall also be considered requests for
variances under the Williams-Steiger Occupational Safety and Health Act
of 1970, and any variance from a standard applied under paragraph (a) of
this section and in part 1910 of this title shall be deemed a variance
from the standards under both the National Foundation on the Arts and
Humanities Act of 1965 and the Williams-Steiger Occupational Safety and
Health Act of 1970.
