Advisory Committee on Construction

The Assistant Secretary must consult the Advisory Committee whenever occupational safety or health standards for construction activities are proposed. This is required because the Advisory Committee was established under section 107 of the Contract Work Hours and Safety Standards Act to advise the Secretary when formulating construction standards, and those construction standards are published in part 1926. See 1912.3(a) and the general Part 1912 overview.

The Advisory Committee is composed of 15 members who are appointed by the Assistant Secretary, and the Assistant Secretary also appoints one member to serve as Chairman. See 1912.3(b) and the Part 1912 overview for context.

The Committee must include the categories listed in the statute: one designee of the Secretary of Health, Education, and Welfare; five members who present the employers' viewpoint; five members who present the employees' viewpoint; two representatives of State safety and health agencies; and two members qualified by knowledge and experience to contribute to the Committee's work. See 1912.3(b)(1), 1912.3(b)(2), 1912.3(b)(3), and 1912.3(b)(4).

Each member typically serves a 2-year term, but the Secretary may remove any member at any time at the Secretary's discretion. The fixed appointment does not limit the Secretary's authority to remove a member. See 1912.3(e) and Part 1912 for reference.

If a member resigns or is removed before their term ends, the Secretary of Labor may appoint a replacement to serve the remainder of that unexpired term and the successor must represent the same interest as the predecessor. The designee of the Secretary of Health, Education, and Welfare has no fixed term. Also, terms may be staggered for continuity, members may be reappointed to successive terms, and a qualified member may continue to serve until a successor is appointed. See 1912.3(f), 1912.3(g), 1912.3(h), and 1912.3(i).

Yes. The Advisory Committee must file a charter in accordance with section 9(c) of the Federal Advisory Committee Act upon the expiration of each successive 2-year period following the Construction Safety Act's enactment (i.e., every 2 years). See 1912.3(j) and the Part 1912 overview.

An additional advisory committee under section 7(b) will not normally be established unless the issues extend beyond construction activity; the intent is to avoid duplicating advisory activity when the Construction Advisory Committee can address the matter. See 1912.3(b) and the general policy against duplication discussed in 1912.4.

The membership was increased to 15 and adjusted to conform with section 7(b) of the Williams-Steiger Occupational Safety and Health Act to provide broader representation and to avoid possible injustice by using one advisory committee where both the Contract Work Hours and Safety Standards Act and the Williams-Steiger Act apply. See 1912.3(c) and Part 1912 for context.

Section 1912.3(d) directs readers to paragraph (c) of 1912.5 for information about the Advisory Committee's general policy role. See 1912.3(d) and the related 1912.5 entry for the referenced policy material.

Yes. The Advisory Committee includes two representatives of State safety and health agencies as part of its 15-member composition. See 1912.3(b)(3) and the Part 1912 overview.

Yes. If a member resigns or is removed before their term expires, the Secretary of Labor may appoint a new member for the remainder of the unexpired term who shall represent the same interest as the predecessor. See the appointment and replacement provision in 1912.3 and the Part 1912 overview.