Question 1

Under 1912.1(a), what does this part of the standard prescribe about advisory committees?

Accepted Answer

This part prescribes the policies and procedures that govern the composition and functions of advisory committees appointed under section 7(b) to assist with standards setting. See Requirement in §1912.1(a)). It specifically covers how advisory committees are formed and what functions they perform when appointed under section 7(b).

Question 2

Under 1912.1(a)(1), which advisory committee is specifically named?

Accepted Answer

Under §1912.1(a)(1) the named committee is the Advisory Committee on Construction Safety and Health. See §1912.1(a)(1)(1)). This part prescribes policies that govern that committee’s composition and functions.

Question 3

Under 1912.1(a)(2), which advisory committee is specifically named?

Accepted Answer

Under §1912.1(a)(2) the named committee is the Maritime Advisory Committee on Occupational Safety and Health. See §1912.1(a)(2)(2)). The same policies and procedures in this part apply to that maritime committee’s composition and functions.

Question 4

Under 1912.1, what statutory authority authorizes these advisory committees?

Accepted Answer

These advisory committees are specifically authorized by section 7(b) of the Occupational Safety and Health Act of 1970. See §1912.1(a)). The regulation implements policies for committees that have been or may be appointed under that section.

Question 5

Under 1912.1(a), what duties do the advisory committees assist with?

Accepted Answer

Under §1912.1(a) advisory committees assist the Assistant Secretary in carrying out the standards setting duties of the Secretary of Labor under section 6 of the Act. See §1912.1(a)). In plain terms, the committees provide advice and support related to developing OSHA standards.

Question 6

Under 1912.1(b), how should OSHA apply the policies and practices for these advisory committees?

Accepted Answer

Under §1912.1(b) the policies and practices are intended to reflect the Federal Advisory Committee Act and will be applied in a manner consistent with that Act, OMB Circular A 63, and the Department of Labor’s general rules in part 15. See §1912.1(b)). That means OSHA follows FACA principles and relevant OMB and Department of Labor guidance when implementing these policies.

Question 7

Under 1912.1(b), which Office of Management and Budget guidance is referenced for committee management?

Accepted Answer

Under §1912.1(b) OSHA references OMB Circular A 63, “Committee Management,” as guidance for applying committee policies. See §1912.1(b)). Agency practices for advisory committees should be consistent with that Circular.

Question 8

Under 1912.1(b), where are the Department of Labor’s general rules for advisory committees published?

Accepted Answer

Under §1912.1(b) the Department of Labor’s general rules under the Federal Advisory Committee Act are published in part 15 of this title. See §1912.1(b)). If you need the Department’s specific procedural rules, consult part 15 of the Administrative rules.

Question 9

Under 1912.1, does this part only apply to the two named committees or to other advisory committees too?

Accepted Answer

This part applies to advisory committees that have been, or may be, appointed under section 7(b) and also specifically prescribes policies for the two named committees. See §1912.1(a)). In short, it covers any committee appointed under section 7(b) and specifically calls out the construction and maritime committees.

Question 10

Under 1912.1, must the policies conflict with the Federal Advisory Committee Act?

Accepted Answer

Under §1912.1(b) the policies are intended to reflect the Federal Advisory Committee Act and will be applied consistently with that Act, so they should not conflict with FACA. See §1912.1(b)). OSHA’s application of these policies should follow FACA principles and related Department and OMB guidance.

Question 11

Under 1912.1, who benefits directly from the committees’ assistance?

Accepted Answer

Under §1912.1(a) the Assistant Secretary benefits directly because the committees assist the Assistant Secretary in carrying out standards setting duties. See §1912.1(a)). The committees provide expert advice to support the Assistant Secretary’s standards work.

Question 12

Under 1912.1, does the regulation create new statutory powers for OSHA to appoint committees?

Accepted Answer

Under §1912.1 the regulation does not create new statutory powers; it implements policies for committees that are specifically authorized by section 7(b) of the Act. See §1912.1(a)). The authority to appoint the committees comes from section 7(b) of the Occupational Safety and Health Act.

Question 13

Under 1912.1, when were these rules originally published and when were they most recently updated?

Accepted Answer

The rule history shown in §1912.1 includes an original publication on October 11, 1973 (38 FR 28035) and an update on November 18, 2020 (85 FR 73423). See §1912.1. Those Federal Register citations identify the original and later update dates.

Question 14

Under 1912.1, what role does part 15 of the title play in administering advisory committees?

Accepted Answer

Under §1912.1(b) part 15 contains the Department of Labor’s general rules under the Federal Advisory Committee Act, and OSHA applies this part’s policies consistently with those rules. See §1912.1(b)). Use part 15 for the Department level procedural rules that guide committee administration.

Question 15

Under 1912.1, what general topics are covered by the policies and procedures in this part?

Accepted Answer

Under §1912.1(a) the policies and procedures cover the composition (who serves) and the functions (what they do) of advisory committees appointed under section 7(b). See §1912.1(a)). That includes rules about forming committees and defining their advisory role in standards setting.

Advisory committee policies

Questions & Answers