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OSHA 1912.10

Committee member terms and appointments

15 Questions & Answers

Questions & Answers

Under 1912.10(a), how long does each member of a continuing committee serve?

Under 1912.10(a), each member (other than initial appointees) serves for a period of two years.

  • This is the regular term length for continuing committee members.
  • After initial staggered appointments, subsequent appointments or reappointments are for two-year terms as described in 1912.10(b).

Under 1912.10(a), can the Secretary remove a committee member before their two-year term ends?

Under 1912.10(a), yes — the appointment for a fixed time does not limit the Secretary’s authority to remove any member at any time.

  • Removal is at the Secretary’s discretion and can occur even if the member was appointed for a set term.

Under 1912.10(a), if a committee member resigns before their term ends, how is the vacancy filled?

Under 1912.10(a), the Secretary of Labor may appoint a replacement to serve the remainder of the unexpired term.

  • The replacement must represent the same interest as the predecessor (for example, employer, employee, Federal or State agency, or other interest).

Under 1912.10(b), why are initial appointments sometimes varied in length?

Under 1912.10(b), initial appointments may be varied in length to provide continuity of membership on continuing committees.

  • Staggering initial terms ensures not all members’ terms expire at the same time, preserving institutional knowledge and smooth committee operations.

Under 1912.10(b), how could an initial 15-member committee be staggered for continuity?

Under 1912.10(b), an example for a 15-member committee is to split initial terms between one-year and two-year appointments.

  • Example given: appoint two members representing Federal and State agencies, two representing employers, two representing employees, and two representing other interests to one-year terms; and appoint two representing Federal and State agencies, two representing employers, two representing employees, and one representing other interests to two-year terms.
  • After those initial terms expire, members are appointed or reappointed for standard two-year terms.

Under 1912.10(b), can the initial appointment pattern for committees with fewer than 15 members be different?

Under 1912.10(b), yes — the initial appointments to committees with fewer than 15 members may be similarly varied to create staggered terms.

  • The rule gives flexibility to stagger initial terms regardless of committee size, using a pattern suitable for that committee’s membership mix.

Under 1912.10(a), must a replacement appointee share the predecessor’s specific category (for example, employee vs employer)?

Yes. Under 1912.10(a), a replacement appointed to fill an unexpired term must represent the same interest as the predecessor.

  • This maintains the intended balance of interests (employer, employee, Federal/State agency, other) on the committee.

Under 1912.10, who has authority to make initial and subsequent appointments to continuing committees?

The regulation shows that appointment authority may be exercised by officials such as the Secretary of Labor and the Assistant Secretary. 1912.10(a) refers to the Secretary of Labor appointing replacements, and 1912.10(b) uses the Assistant Secretary as the example official making initial varied appointments.

  • The text demonstrates that those officials are empowered to make appointments and arrange initial staggering to ensure continuity.

Under 1912.10, after the initial staggered appointments, what term length is used for new appointments or reappointments?

Under 1912.10(b), after the initial staggered terms expire, members are appointed or reappointed for regular two-year terms.

  • The two-year term is the standard recurring length once the initial staggering is completed.

Under 1912.10(a), does an appointment "for a fixed time period" create job protection against removal?

No. Under 1912.10(a), a fixed-term appointment does not restrict the Secretary’s discretionary authority to remove any member at any time.

  • Members serve for a stated term but can still be removed before that term ends by the Secretary.

Under 1912.10, if a committee initially has unequal representation categories, can the initial stagger plan be adapted?

Yes. 1912.10(b) explicitly states that initial appointments may be varied and that smaller committees "could be similarly varied," allowing flexibility to fit the committee’s specific representation needs.

  • The goal is continuity, so the staggering plan should be adapted to the committee’s membership composition.

Under 1912.10(a), what happens to a replacement’s term if they are appointed mid-term?

Under 1912.10(a), a replacement appointed mid-term serves only for the remainder of the unexpired term.

  • They do not start a new full two-year term unless later reappointed at the normal appointment cycle.

Under 1912.10, does the regulation specify how often committees must meet?

No. 1912.10 concerns member terms and initial staggering; it does not set meeting frequency or schedules.

  • Meeting frequency and procedural rules would be set elsewhere (by the committee charter, governing statute, or other applicable rules), not in this section.

Under 1912.10(b), can the Assistant Secretary use different numbers for one-year versus two-year initial terms than the example provided?

Yes. The example in 1912.10(b) illustrates one way to stagger terms for a 15-member committee but does not mandate that exact breakdown.

  • The regulation allows the Assistant Secretary to vary initial appointments as needed to achieve continuity, so practical adjustments tailored to the committee are permitted.

Under 1912.10, does the rule require replacements to be appointed immediately after a resignation or removal?

The regulation 1912.10(a) authorizes the Secretary to appoint a replacement to serve the remainder of the unexpired term but does not prescribe a specific timeline for making that appointment.

  • Best practice is to appoint a replacement promptly to preserve the committee’s balanced representation, but the regulation itself does not set a deadline.