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OSHA 1912.26

Advisory committee meeting agendas

18 Questions & Answers

Questions & Answers

Under 1912.26 who must approve an advisory committee meeting agenda?

The agenda must be approved by the Assistant Secretary or a representative the Assistant Secretary designates for that purpose. This requirement comes directly from 1912.26.

Under 1912.26 can the Assistant Secretary delegate approval of an agenda?

Yes. 1912.26 explicitly allows the Assistant Secretary to have a representative designated to approve the agenda. That designee carries the same approval authority for agenda purposes as the Assistant Secretary.

Under 1912.26 is there a required format or template for advisory committee agendas?

No. 1912.26 states that no particular form for the agenda is prescribed, so committees may use any format that meets their needs.

Under 1912.26 can an advisory committee hold a meeting without an approved agenda?

No; meetings must be conducted in accordance with an agenda approved by the Assistant Secretary or the designated representative. Holding a meeting that does not follow an approved agenda would not meet the requirement in 1912.26.

Under 1912.26 does the regulation set a deadline for when the agenda must be approved before a meeting?

No. 1912.26 requires that meetings be conducted according to an approved agenda but does not specify timing or a deadline for approval. For good practice, obtain approval before the meeting starts.

Under 1912.26 can the agenda be changed during the meeting without further approval?

The regulation does not explicitly address in-meeting changes. Because 1912.26 requires meetings to be conducted in accordance with an agenda approved by the Assistant Secretary or designee, any substantive change should be approved by that authority to stay fully compliant. As a best practice, document any approved changes in the meeting record.

Under 1912.26 may advisory committees use electronic or digital agendas?

Yes. Since 1912.26 says no particular form is prescribed, electronic or digital agendas are acceptable provided they are approved by the Assistant Secretary or the designated representative.

Under 1912.26 who may propose items for the agenda?

The regulation does not limit who can propose agenda items; it only requires that the final agenda be approved by the Assistant Secretary or a designated representative. Anyone (committee members, staff, or others) can suggest items, but approval rests with the authorized official under 1912.26.

Under 1912.26 does the regulation require that the agenda be distributed to the public or posted in advance?

No. 1912.26 does not require public distribution or posting of the agenda. It only requires that meetings be conducted according to an agenda approved by the Assistant Secretary or designee.

Under 1912.26 does an approved agenda need a written signature to be valid?

No. The regulation does not prescribe a form or signature requirement for approval. 1912.26 allows flexibility in form, so written signature is not required by this section unless the Assistant Secretary or the agency's internal procedures require it.

Under 1912.26 what should an advisory committee do if the Assistant Secretary is temporarily unavailable to approve the agenda?

If the Assistant Secretary is unavailable, a representative designated by the Assistant Secretary may approve the agenda. 1912.26 explicitly permits approval by the Assistant Secretary's designated representative.

Under 1912.26 does the rule say anything about content limits for agenda items?

No; 1912.26 does not set content limits. It only requires that each meeting be conducted according to an agenda approved by the Assistant Secretary or the designated representative. Subject-matter decisions are effectively controlled through that approval.

Under 1912.26 must minutes or records show the approved agenda?

The section does not require that minutes include the approved agenda, but because meetings must be conducted according to an approved agenda, including the agenda in the record is a good practice to demonstrate compliance with 1912.26.

Under 1912.26 does the agenda approval requirement apply to all advisory committees formed under Part 1912?

Yes. 1912.26 states that each meeting of an advisory committee shall be conducted in accordance with an agenda approved by the Assistant Secretary or a designated representative, applying that requirement across advisory committee meetings covered by Part 1912.

Under 1912.26 can an advisory committee use a standard template that is pre-approved for multiple meetings?

Yes. Because 1912.26 does not prescribe a form, a committee may use a pre-approved template repeatedly—provided the Assistant Secretary or designated representative approves the agenda (or template) used for each meeting as required.

Under 1912.26 who is responsible for designating the Assistant Secretary's representative for agenda approval?

The Assistant Secretary is responsible for designating the representative for agenda approval. That authority is implied by the wording of 1912.26, which allows approval by the Assistant Secretary or a representative the Assistant Secretary designates for this purpose.

Under 1912.26 if an agenda item is controversial, who decides whether it stays on the agenda?

Final approval or removal of agenda items rests with the Assistant Secretary or the designated representative under 1912.26. Committee chairs or members may recommend changes, but the authorized official has approval authority.

Under 1912.26 are there any procedural requirements tied to the approved agenda (for example, order of business or time limits)?

No procedural details such as order of business or time limits are specified in 1912.26. The only clear requirement is that each meeting be conducted in accordance with an agenda approved by the Assistant Secretary or the designated representative; the agency may set additional procedural rules if desired.