Advisory committee member attendance

Yes. Any person appointed by the Assistant Secretary to an advisory committee has a right to be present at any duly called meeting, as stated in 1912.29.

• This is the general attendance right for members; it applies to persons appointed by the Assistant Secretary to the committee.
• If your committee has additional rules (charter or bylaws), follow those too, but the statutory right remains as described in 1912.29.

They may notify the Assistant Secretary or the Assistant Secretary’s designee and request that another committee member representing the same interests be permitted to vote in their place at that meeting, as permitted by 1912.29.

• The request can be oral or written and must include a statement of reasons for the anticipated absence.
• The proxy is for voting in that particular meeting on matters before the committee, not a general transfer of membership.

Yes. The substitute must be another member of the committee representing the same interests as the absent member, per 1912.29.

• For example, if the absent member represents employees, the proxy must also represent employees; the same applies to employer and State representatives.
• This keeps representation balance among interest groups on the committee.

No. The request may be oral or in writing, but it must be accompanied by a statement of reasons for the anticipated absence, according to 1912.29.

• If you make an oral request, include your reasons orally at the time of the request or promptly follow up in writing to create a record.
• Keep documentation when possible to help the Assistant Secretary or designee evaluate the request.

The Assistant Secretary or the Assistant Secretary’s designee decides whether to grant the proxy request, as specified in 1912.29.

• The decision is based on whether the Assistant Secretary (or designee) is convinced the reasons for absence are valid and that the number of proxies will not materially impede committee deliberations.
• If you are unsure who the designee is, contact the committee chair or OSHA staff assigned to the committee.

Proxy requests are granted when the Assistant Secretary or designee is convinced the reasons for absence are valid and that the number of proxies for the meeting will not be so numerous as to materially impede committee deliberations, per 1912.29.

• "Valid reasons" are not exhaustively defined in the standard; common examples include illness, emergency, or unavoidable scheduling conflicts.
• Because no numeric limit is specified, the determination about "numerous" proxies is left to the Assistant Secretary or designee in the context of that meeting.

No. The standard does not set a numeric limit; it allows the Assistant Secretary or designee to deny proxies if the number would materially impede committee deliberations, as stated in 1912.29.

• Because there is no fixed number, committees should communicate absences early and seek approval so the Assistant Secretary or designee can evaluate the specific circumstances.
• Consider documenting typical thresholds in committee procedures, but such thresholds do not override the Assistant Secretary’s authority under 1912.29.

A statement of reasons for the anticipated absence must accompany the request, whether the request is oral or written, according to 1912.29.

• The statement should explain why the member cannot attend (for example, illness, travel delay, or urgent work commitment).
• Providing clear reasons helps the Assistant Secretary or designee make a timely decision on the proxy request.

No. The substitute must be another member of the committee who represents the same interests, so a non-member or someone not appointed by the Assistant Secretary may not vote as the proxy, under 1912.29.

• The rule is intended to preserve the committee’s appointed representation and balance among interests.
• If you need someone else to represent you informally, they may attend, but only appointed members may be authorized to vote as described in 1912.29.

No. The permission is limited to voting in the particular meeting for which the absent member requested the proxy, per 1912.29.

• Each absence requires its own request and approval; proxies are not automatic or indefinite.
• If you expect multiple absences, request proxies for each meeting separately or clarify arrangements with the Assistant Secretary or designee.

If a proxy request is denied, the absent member cannot have another member vote in their place for that meeting, as implied by 1912.29.

• The committee will proceed without that member’s proxy vote for that meeting.
• If you need clarity on the denial, request an explanation from the Assistant Secretary or designee and document the communication for the record.

The provision states a right to be present at any duly called meeting; it does not specifically limit participation in deliberations, so presence generally includes participation subject to committee rules, as described in 1912.29.

• Committee bylaws or the chair may set meeting procedures that control speaking order, time for discussion, or voting processes.
• If in doubt about participation limits, review the committee’s governing documents or ask the chair for meeting rules in advance.

The standard specifically mentions persons representing the interests of employers, employees, or the States as those who may request that another committee member representing the same interests be permitted to vote in their place, per 1912.29.

• This preserves the balance among employer, employee, and State representatives on advisory committees.
• If your appointment represents another defined interest group under a committee charter, confirm how that fits with the rule in 1912.29.

No specific format is required by the standard; the request must simply be accompanied by a statement of reasons for the anticipated absence, according to 1912.29.

• Best practice is to include the date of the meeting, nature of the absence (e.g., illness, travel conflict), and any supporting details to help the Assistant Secretary or designee evaluate the request.
• Keep a copy of the statement (email, memo, or notes) to document the request.