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OSHA 1912.28

Committee meeting notice requirements

19 Questions & Answers

Questions & Answers

Under 1912.28(a), what must a committee meeting notice include about the meeting identity and schedule?

The notice must state the committee's name and the exact time and place of the meeting. This requirement comes directly from 1912.28(a).

  • Give the full committee name (not an acronym alone) so members of the public can identify who is meeting.
  • Provide the specific date/time and the physical or virtual location so attendees know where and when to appear.

Under 1912.28(b), how detailed must the agenda be in the committee meeting notice?

The notice must either fully describe the agenda or adequately summarize it so that interested persons understand what will be discussed. This follows 1912.28(b).

  • "Fully describe" means listing main topics and any scheduled presentations or decision points.
  • An "adequate summary" should contain enough detail so the public can decide whether to attend or submit comments in advance.

Under 1912.28(c), how should a meeting notice announce public access to the meeting?

The notice must explicitly state that the meeting is open to the public. See 1912.28(c).

  • Simple clear language such as "This meeting is open to the public" meets the requirement.
  • You can also include practical access details (e.g., seating limits, registration) in the same notice.

Under 1912.28(d), what must a notice say about the opportunity for interested persons to file written statements?

The notice must indicate that interested persons may file written statements with the committee and may state whether those statements should be filed before or during the meeting. This is required by 1912.28(d).

  • If you want statements filed by a deadline, put that deadline in the notice.
  • If you will accept statements at the meeting, say how and where they should be submitted.

Under 1912.28(d)(1), what factors must the chairman consider when deciding to allow oral statements at the meeting?

The chairman should consider attendance numbers, the nature and extent of proposed participation, whether presentations would preempt future rulemaking input, and the committee's time, resources, and facilities. This guidance comes from 1912.28(d)(1).

  • If many people want to speak or time is limited, the chairman can limit or deny oral statements.
  • If an item will later be part of a rulemaking, the chairman should avoid allowing oral statements that would anticipate or replace formal rulemaking input.

Under 1912.28(d)(1), does the chairman have to consult counsel before permitting oral statements?

The chairman must consult counsel before deciding whether to permit oral statements only when counsel has been made available to the committee. This is stated in 1912.28(d)(1).

  • If counsel is present or provided, the chairman should seek counsel's input before deciding on oral participation.
  • If no counsel is available, the chairman retains discretion without that consultation.

Under 1912.28(d)(1), can the chairman allow or preclude questioning of committee members or participants?

Yes; in his discretion the chairman may allow or preclude questioning of committee members or other participants, and he should consult counsel if counsel is made available. This authority is in 1912.28(d)(1).

  • The decision should consider time, order, and fairness to all speakers.
  • The notice can also state whether questioning will be allowed to set expectations in advance.

Under 1912.28(d)(2), can the person calling the meeting require pre-filed summaries of proposed oral presentations?

Yes; the person calling the meeting may require that summaries of proposed oral presentations be filed in advance of the meeting. This option is provided by 1912.28(d)(2).

  • If you require summaries, state the format and deadline in the notice so presenters can comply.
  • Pre-filing summaries helps the committee manage time and review content ahead of the meeting.

Under 1912.28(d)(2), may the notice state whether questioning of participants will be allowed or not?

Yes; the person calling the meeting may state in the notice whether questioning of committee members or other participants will be allowed or precluded. See 1912.28(d)(2).

  • Putting this in the notice sets clear expectations and helps control the flow of the meeting.
  • If questioning is allowed, the notice can explain time limits or the method for asking questions.

Under 1912.28(d), can a notice let people file written statements either before or during the meeting?

Yes; the notice may specify whether written statements are to be filed before the meeting, during the meeting, or both. This flexibility is part of 1912.28(d).

  • If you accept both, indicate any deadlines for written submissions and where they should be delivered at the meeting.

Under 1912.28, who may determine the procedural rules like requiring summaries or allowing questioning?

The statute vests those procedural choices either in the chairman (for oral statements and questioning when counsel is involved) or in the person calling the meeting (for requiring summaries and allowing/precluding questioning). These authorities are described in 1912.28(d)(1) and 1912.28(d)(2).

  • "Chairman" controls oral participation decisions, especially when counsel is provided.
  • "Person calling the meeting" can set notice requirements like pre-filed summaries and rules on questioning.

Under 1912.28(d)(1), how should the chairman balance public participation with the committee's time and resources?

The chairman should weigh the number of speakers, the scope of their participation, potential overlap with future rulemaking, and available time and facilities before permitting oral statements. This approach is required by 1912.28(d)(1).

  • Consider time limits, grouping similar speakers, or requiring written summaries to manage time.
  • Use pre-registration or written statements to handle large public interest efficiently.

Under 1912.28, should meeting notices use plain language so the public understands participation options?

Yes; notices should use clear, plain language to describe the committee name, time/place, agenda, public access, and how to file statements, as required across 1912.28(a), 1912.28(b), 1912.28(c), and 1912.28(d).

  • Plain wording reduces confusion and increases meaningful public participation.
  • Include contact information for questions about logistics or filing statements.

Under 1912.28(d)(2), can the person calling the meeting both require pre-filed summaries and also decide about participant questioning?

Yes; 1912.28(d)(2) explicitly allows the person calling the meeting to require summaries in advance and to allow or preclude questioning in the notice.

  • If both are used, the notice should explain how summaries will be used and whether speakers may be questioned during the meeting.

Under 1912.28, is it acceptable to state in the notice that oral statements will not be permitted?

Yes; the notice may state that oral statements will not be permitted, as the rules permit the chairman or the person calling the meeting to allow or preclude oral participation or questioning under 1912.28(d)(1) and 1912.28(d)(2).

  • If oral statements are precluded, provide clear instructions for how written statements can be submitted instead.

Under 1912.28, can the notice require that written statements conform to a format or length?

Yes; while 1912.28 requires that notices indicate that written statements may be filed, the person calling the meeting can specify filing procedures such as format or deadlines in the notice consistent with 1912.28(d).

  • If you set format or length limits, list them in the notice so submitters can comply (for example: maximum page count, electronic file type, or delivery method).

Under 1912.28, if there is limited seating, must the notice still say the meeting is open to the public?

Yes; the notice must announce that the meeting is open to the public under 1912.28(c), but it can also explain practical limits like seating and provide alternatives such as remote access or written submissions.

  • Stating seating limits or registration procedures in the notice helps manage expectations while preserving the required public access announcement.

Under 1912.28, how should notices handle meetings that occur virtually rather than at a physical place?

The notice must give the committee name and the meeting time and place; for virtual meetings, list the virtual location and access instructions as the place under 1912.28(a).

  • Provide dial-in links, meeting IDs, passwords, and any registration steps.
  • Include agenda summaries, public access statement, and instructions for filing written statements as required by 1912.28(b) and 1912.28(c).

Under 1912.28, can the notice combine multiple meetings into one notice if they are by the same committee?

The regulation requires each notice to give the committee name and the time and place of the meeting and to describe the agenda (1912.28(a), 1912.28(b)). You may combine multiple meetings into one notice only if the notice clearly lists each meeting's specific time, place (or virtual link), and agenda items so the public can distinguish them.

  • When combining, clearly separate entries for each meeting and state whether written or oral statements apply to each session.