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OSHA 1912.2

Types of advisory committees

11 Questions & Answers

Questions & Answers

Under 1912.2, who establishes standards advisory committees and why?

The Assistant Secretary establishes advisory committees to assist in standards-setting duties under section 7(b) of the Act. See 1912.2 for the statement that these committees are created to help with the development of standards.

Under 1912.2(a), what is a continuing committee and when is it used?

A continuing committee is one the Assistant Secretary has established, or may establish from time to time, to help develop standards in areas where rulemaking happens frequently and using ad hoc committees would be impractical. See 1912.2(a) for this description.

Under 1912.2(b), what is an ad hoc committee and what is its purpose?

An ad hoc committee is created to provide advice on a particular rulemaking proceeding rather than on an ongoing basis. See 1912.2(b) which states ad hoc committees are established to render advice in specific rulemaking proceedings.

Under 1912.2, what are the two types of advisory committees on standards?

The two types are continuing committees and ad hoc committees, as defined by the Assistant Secretary for use in standards development. See 1912.2 for the classification and brief definitions.

Under 1912.2(a), does a continuing committee have to be permanent?

A continuing committee does not have to be permanently standing; it is a committee that has been or may be established from time to time to address areas of frequent rulemaking where ad hoc committees would be impractical. See 1912.2(a).

Under 1912.2(b), can an ad hoc committee advise on multiple unrelated rulemaking proceedings?

An ad hoc committee is intended to advise on a particular rulemaking proceeding, so it is generally established for that single proceeding rather than multiple unrelated rulemakings. See 1912.2(b).

Under 1912.2, do advisory committees make final OSHA standards?

Advisory committees provide advice to assist the Assistant Secretary in standards-setting; they do not themselves issue final OSHA standards. See 1912.2 which describes these committees as assisting in the development of standards.

Under 1912.2, what statutory authority is cited for establishing these advisory committees?

The committees are established under section 7(b) of the Act to assist the Assistant Secretary in the standards-setting process. See 1912.2 which refers to section 7(b) as the authority for creating these committees.

Under 1912.2(a) and (b), how does OSHA decide whether to use a continuing committee or an ad hoc committee?

OSHA uses a continuing committee for areas with frequent rulemaking where creating ad hoc committees repeatedly would be impractical, and uses ad hoc committees to advise on individual, particular rulemaking proceedings. See both 1912.2(a) and 1912.2(b).

Under 1912.2, what is the official title of Part 1912?

Part 1912 is titled "Advisory Committees on Standards." See 1912 for the part number and title information.

Under 1912.2(a), can continuing committees be re-established as needs change?

Yes, continuing committees may be established from time to time as needed to assist with standards in areas of frequent rulemaking, so they can be created or reconstituted as needs change. See 1912.2(a) for this allowance.