Advisory committee quorum procedures

A quorum under 1912.30(a) is a majority of the committee's members present, provided at least one member representing employees and one member representing employers are present. See the rule 1912.30(a).

• Example: If a committee has 11 members, at least 6 must be present to reach a majority, and among those 6 there must be at least one employee representative and one employer representative.
• If either the employee or employer representation is missing among those present, a quorum is not met even if a majority of members are there.

Yes; the Construction Safety Advisory Committee is explicitly included and must follow the quorum requirements in 1912.30(a). See 1912.30(a).

• The same majority rule and requirement for at least one employee and one employer representative apply.

Under 1912.30(a), "majority" is calculated from the committee's current total number of members, so vacancies change the number needed for a majority. See 1912.30(a).

• Example: If a committee charter lists 15 seats but 3 are vacant, the current membership is 12, and a majority is 7.
• You must still have at least one employee representative and one employer representative among those present for that majority to constitute a quorum.

No; a majority composed only of employer representatives does not meet the quorum requirement in 1912.30(a) because the rule requires at least one member representing employees and one member representing employers to be present. See 1912.30(a).

• Both types of representation must be present among the majority for the committee to constitute a quorum and act on business.

Under 1912.30(b), if the chairman is absent the committee may designate another member to preside at the meeting. See 1912.30(b).

• The designated member acts as the presiding officer for that meeting.
• The regulation does not specify how the designation must be made, so the committee's bylaws or standing procedures can set the selection process.

No; 1912.30(a) requires that at least one member present be a representative of employees and one a representative of employers, but it does not define those terms. See 1912.30(a).

• Determination of who qualifies is typically set by the committee's charter, appointment process, or enabling authority.
• If you need a formal definition for your committee, use the committee's governing documents or seek guidance from the agency that appointed the committee.

The regulation in 1912.30(a) does not mention alternates or proxies, so the statute itself does not authorize counting alternates unless the committee's own rules do so. See 1912.30(a).

• If your committee wants alternates to count toward a quorum, put that provision into the committee's bylaws or operating procedures.
• Absent such bylaws, count only appointed members who are actually present.

The statute requires that a quorum include at least one employee representative and one employer representative, so if the employee representative leaves and no other employee representative remains, the quorum condition in 1912.30(a) is no longer met. See 1912.30(a).

• The regulation does not expressly state the procedural consequences of losing a quorum during a meeting; committees should follow their bylaws or standard parliamentary rules for whether business already completed remains valid.

Section 1912.30(b) allows the committee to designate a member to preside in the chairman's absence, but it does not detail the scope of that member's authority; typically the designated presider exercises the chairman's usual duties for that meeting. See 1912.30(b).

• Committees should clarify in their bylaws whether the temporary presider has full chair powers or only limited authority.
• If unclear, rely on the committee's operating rules or adopt a temporary resolution at the meeting to define the presider's authority.

No; 1912.30(a) addresses quorum for advisory committees generally and does not set separate quorum rules for subcommittees or working groups. See 1912.30(a).

• Many committees establish separate rules for subcommittees in their bylaws; if yours does, those rules should specify quorum and membership requirements for subgroups.
• In the absence of specific subcommittee rules, follow the parent committee's procedures or governing charter.

The language of 1912.30(a) requires "one member who is a representative of employees and one member who is a representative of employers," which implies two distinct members representing the two interests; a single member cannot logically represent both categories simultaneously for quorum purposes. See 1912.30(a).

• If a committee member's appointment clearly covers both roles in an unusual arrangement, check the committee's charter or appointing authority for clarification.

No; 1912.30(a) states the requirement that at least one member be an employee representative and one be an employer representative but does not prescribe a verification process. See 1912.30(a).

• Committees typically verify representation through appointment documentation, membership lists, or roll call at the meeting.
• It is a good practice to record in the minutes which members present served as employee and employer representatives to document that the quorum requirement was met.