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OSHA 1912.32

OSHA officer presence at meetings

14 Questions & Answers

Questions & Answers

Under 1912.32, who must be present at advisory committee meetings?

An OSHA officer or employee designated for that purpose must be present at advisory committee meetings. The standard states that "the meetings of all advisory committees shall be in the presence of an OSHA officer or employee designated for this purpose" (1912.32).

  • This requirement applies to all advisory committees covered by Part 1912. See the broader part at 1912 for context.
  • The text does not specify additional qualifications for the designated person beyond being an OSHA officer or employee.

Under 1912.32, what power does the designated OSHA officer or employee have during a meeting?

The designated OSHA officer or employee has the power to adjourn any meeting if they determine adjournment is in the public interest. The standard says the officer or employee "shall be empowered to adjourn any meeting whenever he determines adjournment to be in the public interest" (1912.32).

  • The authority to adjourn is unilateral under the language of the standard; the officer decides when adjournment serves the public interest.
  • The standard does not define "public interest," so the officer's judgment is the controlling factor under this provision.

Under 1912.32, does this requirement apply to every advisory committee meeting or only some meetings?

The requirement applies to every meeting of all advisory committees. The standard explicitly states "The meetings of all advisory committees shall be in the presence of an OSHA officer or employee designated for this purpose" (1912.32).

  • "All advisory committees" means the rule is written to cover every advisory committee subject to Part 1912.
  • There is no exception or limitation in 1912.32 itself; any exceptions would need to be established elsewhere.

Under 1912.32, can an advisory committee lawfully meet if no OSHA officer or employee is present?

No; under 1912.32 an advisory committee meeting must be in the presence of a designated OSHA officer or employee, so a meeting without such presence would not meet the requirement. The standard states that "the meetings of all advisory committees shall be in the presence of an OSHA officer or employee designated for this purpose" (1912.32).

  • If the designated OSHA representative is absent, the meeting would not satisfy the plain language of this provision unless presence is otherwise arranged in accordance with OSHA direction or policy not specified in 1912.32.
  • 1912.32 does not provide a procedure for curing lack of presence in the text itself.

Under 1912.32, does the standard say who designates the OSHA officer or employee for meetings?

No; 1912.32 states the officer or employee must be "designated for this purpose" but does not specify who makes that designation. The provision reads that meetings "shall be in the presence of an OSHA officer or employee designated for this purpose" (1912.32).

  • Because 1912.32 does not name the designating authority or process, the appointing or designation procedure would need to be determined from OSHA internal policies or other governing documents not contained in this section.

Under 1912.32, is an OSHA employee acceptable in place of an OSHA officer at meetings?

Yes; 1912.32 allows either an OSHA officer or an OSHA employee designated for this purpose to be present at advisory committee meetings. The standard specifies "an OSHA officer or employee designated for this purpose" (1912.32).

  • The text treats an officer and an employee as alternative acceptable presences, provided the person is designated for the role.
  • The standard does not differentiate powers or duties between an "officer" and an "employee" in this provision beyond the adjournment authority.

Under 1912.32, when may the designated OSHA officer or employee adjourn a meeting?

The designated OSHA officer or employee may adjourn a meeting whenever they determine that adjournment is in the public interest. The language is explicit: the officer "shall be empowered to adjourn any meeting whenever he determines adjournment to be in the public interest" (1912.32).

  • The timing and reasons are left to the officer's determination of the public interest; the standard does not define criteria for that determination.
  • The power to adjourn is broad and discretionary under the text of 1912.32.

Under 1912.32, does the standard require the OSHA officer or employee to be physically present in the room for a meeting?

1912.32 requires the presence of a designated OSHA officer or employee but does not specify whether that presence must be physical or whether virtual presence suffices. The provision simply states meetings "shall be in the presence of an OSHA officer or employee designated for this purpose" (1912.32).

  • Because the standard does not define "presence," whether remote or virtual participation meets the requirement is not addressed in 1912.32 and would require further guidance from OSHA policy or procedures.

Under 1912.32, does the designated OSHA officer or employee have to give a reason when they adjourn a meeting?

No specific requirement to give a reason for adjournment is stated in 1912.32; the provision only empowers the officer or employee to adjourn meetings when they determine adjournment to be in the public interest. The exact phrase is that the officer "shall be empowered to adjourn any meeting whenever he determines adjournment to be in the public interest" (1912.32).

  • The standard does not require that the officer explain or document the reasons for adjournment within this section.
  • Other rules, internal policies, or recordkeeping obligations outside 1912.32 might require documentation, but 1912.32 itself is silent on that point.

Under 1912.32, does the standard define "public interest" for the purpose of adjournment?

No; 1912.32 does not define the term "public interest." It only grants the designated OSHA officer or employee the authority to adjourn a meeting "whenever he determines adjournment to be in the public interest" (1912.32).

  • Because the provision does not define "public interest," the scope of that term is left to the officer's judgment or to any applicable OSHA guidance outside this specific section.

Under 1912.32, is the presence requirement limited to certain types of advisory committee meetings (public vs. closed)?

No; 1912.32 states the presence requirement for an OSHA officer or employee applies to "the meetings of all advisory committees," without distinguishing public from closed meetings. The exact wording is that meetings "shall be in the presence of an OSHA officer or employee designated for this purpose" (1912.32).

  • The provision does not carve out categories such as public or closed sessions; it applies broadly to all advisory committee meetings covered by Part 1912.

Under 1912.32, does the standard say anything about who may speak or vote at the advisory committee when the OSHA officer is present?

No; 1912.32 only addresses the presence of a designated OSHA officer or employee and that the officer may adjourn meetings when in the public interest; it does not address who may speak or vote. The provision reads that meetings "shall be in the presence of an OSHA officer or employee designated for this purpose" and that such officer "shall be empowered to adjourn any meeting" (1912.32).

  • Rules on speaking rights, voting, or committee procedures would need to come from other committee charters, bylaws, or OSHA guidance not contained in 1912.32.

Under 1912.32, where can I read the full text of this requirement?

You can read the full text of the requirement in the Code of Federal Regulations at 1912.32. The provision is part of Part 1912 on Advisory Committees on Standards and is listed under 1912 for the broader part context.

  • The section states the presence requirement and the adjournment authority in plain terms; any additional procedural details would be found in related OSHA materials or committee-specific documents.

Under 1912.32, if an advisory committee plans a special session, must they secure a designated OSHA officer or employee in advance?

1912.32 requires that advisory committee meetings be in the presence of a designated OSHA officer or employee, so the committee must ensure such presence for any meeting; however, the provision does not state scheduling or notice procedures for securing that person. The text requires that meetings "shall be in the presence of an OSHA officer or employee designated for this purpose" (1912.32).

  • While the section implies the need to have a designated OSHA representative present, it does not specify timing or process for arranging that presence; committees should coordinate with OSHA to confirm availability per any applicable agency procedures.