Maritime Advisory Committee

The Maritime Advisory Committee advises the Secretary of Labor on maritime industry standards and matters related to administering the Act for the maritime industry. See 1912.13(a).

• This committee was established under section 3510 of the National Defense Authorization Act (Pub. L. 116-92).
• The committee’s composition follows the rules for advisory committees appointed under section 7(b) of the Act, and it exists to focus on maritime-specific issues rather than duplicating other advisory bodies; see 1912.4.

The committee is made up of 15 members who are appointed by the Secretary of Labor. See 1912.13(b).

• One of the 15 members is designated as the Chair by the Secretary.
• The composition rules for those 15 members are specified in the subsections of 1912.13(b).

Yes. The committee must include one member who is a designee of the Secretary of Health and Human Services. See 1912.13(b)(1).

• This ensures the public health perspective is represented on maritime occupational safety matters.

The committee must include at least one member qualified to present employer viewpoints and at least one qualified to present employee viewpoints, and there must be an equal number of employer and employee representatives. See 1912.13(b)(2).

• In practice this means the Secretary must balance the number of employer and employee appointees so neither side outnumbers the other.

Yes. The committee must include at least one representative of state health and safety agencies. See 1912.13(b)(3).

• This ensures state-level perspectives and experience with local maritime safety programs are included.

Yes. The Secretary may appoint other qualified experts, such as safety professionals and standards organization representatives, but the number of these appointees cannot exceed the number of appointees representing Federal and state agencies. See 1912.13(b)(4).

• This keeps agency representatives from being outnumbered by outside experts.
• Appointees must be qualified by knowledge and experience to contribute usefully to the committee's work.

Each committee member serves a two-year term. See 1912.13(c).

• This fixed two-year term is the standard length, though other rules affect continuity and replacement.

Yes. Members may be appointed to successive terms. See 1912.13(d).

• Successive appointments allow experienced members to continue contributing beyond a single two-year term.

Yes. A qualified member may continue to serve until a successor is appointed. See 1912.13(e).

• This prevents gaps in membership and preserves the committee’s ability to function between appointments.

The Secretary of Labor may remove any member at any time at the Secretary's discretion, even if the member was appointed for a fixed term. See the removal provision in 1912.13.

• The Secretary may then appoint a replacement for the unexpired portion of the term who represents the same interest as the removed member.

If a member resigns or is removed before the term expires, the Secretary may appoint a replacement to serve the remainder of the unexpired term, and that replacement must represent the same interest as the predecessor. See the vacancy rule in 1912.13.

• For example, if the vacating member was an employee representative, the replacement should also represent employees.

The Secretary appoints the Chair from among the 15 committee members. See 1912.13(b).

• The Chair leads the committee but remains an appointed member subject to the same terms and rules.

Generally no—an additional advisory committee for the same maritime duties will not normally be established under section 7(b) unless the issues extend beyond maritime activity. See 1912.13(a) and the duplication policy in 1912.4.

• This policy avoids duplicating advisory efforts and focuses committee work on maritime-specific topics.

Yes. A charter must be filed for the committee in accordance with the Federal Advisory Committee Act upon the expiration of each successive two-year period. See 1912.13(f).

• Filing a charter every two years keeps the committee’s authority and scope current under FACA requirements.

The Secretary may appoint representatives from professional organizations of safety technicians or professionals and persons from nationally recognized standards-producing organizations, provided their number does not exceed the number of Federal and state agency appointees. See 1912.13(b)(4).

• These appointees bring technical or standards-development expertise to the committee’s work.

The Maritime Advisory Committee is a continuing (ongoing) advisory body. See 1912.13(b).

• ‘‘Continuing’’ means it is intended to operate over multiple terms, subject to charter renewal and membership changes.

A representative should be chosen based on relevant experience and affiliation that enable them to credibly present employer or employee perspectives on maritime safety. See 1912.13(b)(2).

• Qualifications typically include direct experience in maritime operations, workforce leadership, labor relations, safety program management, or other roles that give practical insight into employer or employee concerns.
• The Secretary must ensure equal employer and employee representation overall.

To avoid duplication, agencies should confirm that the Maritime Advisory Committee’s scope is limited to maritime issues and should not create another committee under section 7(b) for the same duties unless the issues go beyond maritime activity. See 1912.13(a) and 1912.4.

• Practical steps include reviewing existing charters, coordinating with other advisory groups, and documenting why a separate committee is necessary only if the subject matter is not strictly maritime.