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OSHA 1912.31

Experts and consultants

12 Questions & Answers

Questions & Answers

Under 1912.31, who is allowed to request that the Assistant Secretary make experts or consultants available to an advisory committee?

Under 1912.31, an advisory committee itself or the person calling a meeting may request experts or consultants to be made available. The regulation says the Assistant Secretary "may make available to the committee any experts or consultants" at the request of "an advisory committee or the person calling a meeting of an advisory committee." See 1912.31.

Under 1912.31, who is responsible for providing experts or consultants to an advisory committee when requested?

Under 1912.31, the Assistant Secretary is the official who may make experts or consultants available to the advisory committee. The text states that "the Assistant Secretary may make available to the committee any experts or consultants in the field involved." See 1912.31.

Under 1912.31, does the Assistant Secretary have to provide experts or consultants when asked?

Under 1912.31, no — the Assistant Secretary is not required to provide experts; the provision uses "may," which makes it discretionary rather than mandatory. The regulation states the Assistant Secretary "may make available" experts or consultants, indicating it is a permissive authority. See 1912.31.

Under 1912.31, can an expert or consultant participate in committee deliberations without the committee's agreement?

Under 1912.31, no — an expert or consultant may only participate in deliberations with the consent of the committee. The regulation says any expert or consultant "may participate in the deliberations of the committee with the consent of the committee." See 1912.31.

Under 1912.31, must an expert or consultant be from OSHA, or can they come from outside the agency?

Under 1912.31, experts or consultants may be any qualified individuals in the field involved, and the provision does not limit them to OSHA employees. The regulation authorizes the Assistant Secretary to make available "any experts or consultants in the field involved," which allows for outside experts. See 1912.31.

Under 1912.31, does allowing an expert to "participate in deliberations" make that expert a full committee member or give them a vote?

Under 1912.31, participation in deliberations does not automatically make an expert a full committee member or give them voting rights; the provision only authorizes participation with the committee's consent. The regulation states experts "may participate in the deliberations of the committee with the consent of the committee," but it does not confer membership status or specify voting privileges. See 1912.31.

Under 1912.31, are there limits on what subject matter an expert or consultant can advise on?

Under 1912.31, the expert or consultant must be "in the field involved," so their advice is limited to the relevant subject area for the committee's work. The regulation authorizes making available "any experts or consultants in the field involved," which implies the expertise should match the committee's topic. See 1912.31.

Under 1912.31, if a person calling a meeting requests an expert, does the advisory committee also need to approve that expert's participation?

Under 1912.31, yes — even if the person calling the meeting requests an expert, the expert may only participate in the committee's deliberations with the consent of the committee. The rule permits requests by "an advisory committee or the person calling a meeting," but it separately requires the committee's consent for participation. See 1912.31.

Under 1912.31, can an expert who is made available participate in drafting or shaping the committee's recommendations?

Under 1912.31, yes — an expert or consultant who is given permission by the committee may participate in deliberations and thus can help draft or shape recommendations, but the regulation does not define membership or voting authority. The text states experts "may participate in the deliberations of the committee with the consent of the committee," which allows them to contribute to discussions and recommendations. See 1912.31.

Under 1912.31, does the regulation specify how expert participation must be documented or reported?

Under 1912.31, no — the regulation does not specify documentation or reporting requirements for expert participation. It only authorizes the Assistant Secretary to make experts available and allows them to participate with committee consent; it includes no procedural or recordkeeping details. See 1912.31.

Under 1912.31, can an expert or consultant attend a meeting without being allowed to take part in deliberations?

Under 1912.31, an expert or consultant may be made available to the committee but is only authorized to participate in deliberations with committee consent, so attendance alone without participation is possible but their active involvement requires approval. The regulation permits the Assistant Secretary to make experts available and specifies that they "may participate in the deliberations of the committee with the consent of the committee." See 1912.31.

Under 1912.31, does the regulation set limitations on how many experts or consultants may be made available to a committee?

Under 1912.31, no — the regulation does not set a numerical limit; it simply allows the Assistant Secretary to make "any experts or consultants in the field involved" available, leaving specifics such as number to the Assistant Secretary's discretion. See 1912.31.