OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 1912.34

Freedom of Information Act

12 Questions & Answers

Questions & Answers

Under 1912.34, what advisory committee records are available to the public?

Records made available to or prepared for or by an advisory committee are available for public inspection and copying. See 1912.34 which states that documents "made available to or prepared for or by each advisory committee" shall be available in the Office of Standards, subject to other governing rules.

Under 1912.34, where can I inspect advisory committee documents?

You can inspect advisory committee documents at OSHA’s Office of Standards. The rule 1912.34 specifies that such documents "shall be available for public inspection and copying in the Office of Standards, Occupational Safety and Health Administration."

Under 1912.34, can I get copies of advisory committee documents or only inspect them?

Yes — you can obtain copies as well as inspect the documents. 1912.34 expressly says documents "shall be available for public inspection and copying" in the Office of Standards.

Under 1912.34, are there any limits on releasing advisory committee documents?

Yes — release is subject to the Freedom of Information Act and related procedures, so some material may be withheld under those rules. The section notes availability is "subject to the Freedom of Information Act (5 U.S.C. 552) and Part 70 of this title and Part 1913 of this chapter," so applicable FOIA exemptions and administrative procedures apply (1912.34).

Under 1912.34, does the rule cover drafts and background papers prepared for advisory committees?

Yes — drafts and background papers that were made available to, prepared for, or prepared by an advisory committee fall within the documents covered. The text of 1912.34 broadly includes documents "made available to or prepared for or by each advisory committee."

Under 1912.34, do I need to use FOIA to get advisory committee records or can I just visit the Office of Standards?

You may inspect or copy documents directly at the Office of Standards, but access is still governed by FOIA and implementing parts. 1912.34 states documents "shall be available for public inspection and copying" in the Office of Standards and also makes access "subject to the Freedom of Information Act... and Part 70... and Part 1913," which means some records or methods of release may follow FOIA procedures.

Under 1912.34, who decides whether an advisory committee document is exempt from release?

Decisions about withholding documents are governed by the Freedom of Information Act and OSHA’s implementing procedures, not by 1912.34 alone. The section makes records available "subject to the Freedom of Information Act... and Part 70... and Part 1913," so FOIA standards and the procedures in those parts determine exemptions (1912.34).

Under 1912.34, does the rule require proactive publication of advisory committee records online?

No specific online publication requirement appears in 1912.34; it requires availability for inspection and copying at the Office of Standards and makes release subject to FOIA and related parts. See 1912.34 for the statutory limitation that records be made available in the Office of Standards and be subject to FOIA procedures.

Under 1912.34, are communications between advisory committee members and OSHA staff included as available documents?

Communications that were made available to, prepared for, or prepared by an advisory committee are covered and therefore are subject to inspection and copying. 1912.34 uses that broad wording to include such documents, while noting availability is subject to FOIA and related procedures.

Under 1912.34, can I request electronic copies of advisory committee documents?

1912.34 requires documents to be available for inspection and copying in the Office of Standards but does not prescribe formats; requests for electronic copies would follow normal FOIA and OSHA procedures. The section’s text states availability "in the Office of Standards..." and that access is "subject to the Freedom of Information Act... and Part 70... and Part 1913" (1912.34).

Under 1912.34, does the public get access to advisory committee meeting minutes and recommendations?

Yes — meeting minutes and recommendations that were made available to, prepared for, or prepared by an advisory committee are covered and should be available for inspection and copying. This follows the inclusive language of 1912.34, subject to FOIA and applicable parts.

Under 1912.34, what parts of OSHA regulations govern how to request or appeal a denial of advisory committee records?

Requests and any appeals are governed by the Freedom of Information Act and OSHA’s implementing procedures in Part 70 and Part 1913. 1912.34 explicitly makes document availability "subject to the Freedom of Information Act... and Part 70 of this title and Part 1913 of this chapter," which set out FOIA request and appeal procedures.