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OSHA 1912.35

Transcripts availability and cost

15 Questions & Answers

Questions & Answers

Under 1912.35, who is allowed to obtain transcripts of advisory committee meetings?

Any person may obtain transcripts of advisory committee meetings. The rule Availability and cost of transcripts in 1912.35 states that transcripts are to be made available to any person at the actual cost of duplication. See also the general topic at Part 1912 for context.

Under 1912.35, what does it mean that transcripts must be provided "at the actual cost of duplication"?

Transcripts must be provided for only the "actual cost of duplication." The rule Availability and cost of transcripts in 1912.35 requires that the price charged to requesters equals the real duplication cost, rather than a profit or unrelated fee. This means charges should reflect direct copying or reproduction expenses.

Under 1912.35, are there any exceptions that allow withholding transcripts from the public?

Yes—transcripts may be withheld only where prohibited by certain older contracts. Specifically, 1912.35 says transcripts need not be provided when prohibited by contractual agreements entered into before the effective date of the Federal Advisory Committee Act (January 5, 1973).

Under 1912.35, if a contract signed before January 5, 1973 prohibits release, can transcripts still be obtained?

If a pre-1973 contract expressly prohibits release, transcripts do not have to be provided. 1912.35 creates this specific exception for contracts entered into before January 5, 1973.

Under 1912.35, does the regulation specify how to request a transcript or where to send the request?

No—the regulation does not specify request procedures or addresses. 1912.35 only requires that transcripts be made available to any person at the actual cost of duplication, except where pre-1973 contracts prohibit release. For practical steps, contact the specific advisory committee or OSHA office responsible for the committee.

Under 1912.35, can an agency charge for staff time spent locating or preparing a transcript?

The text of 1912.35 limits charges to the "actual cost of duplication" and does not authorize charging for unrelated staff time. 1912.35 indicates the fee is for duplication costs; it does not mention administrative or search fees.

Under 1912.35, does the rule apply to all advisory committees covered by Part 1912?

Yes—the requirement applies to advisory committee meeting transcripts covered by Part 1912 unless a pre-1973 contract prohibits release. The scope of the part is "Advisory Committees on Standards," and 1912.35 addresses transcript availability and cost for those committees; see Part 1912 for the broader context.

Under 1912.35, does the rule require public posting of transcripts online?

No—1912.35 does not require online posting. The rule Availability and cost of transcripts in 1912.35 only requires that transcripts be made available to any person at the actual cost of duplication, subject to pre-1973 contractual prohibitions; it does not mandate electronic publication.

Under 1912.35, can an advisory committee supply summaries instead of full transcripts to meet the requirement?

No—1912.35 requires that transcripts be made available, not summaries. The provision Availability and cost of transcripts in 1912.35 specifies "any transcripts of advisory committee meetings are to be made available" at the actual cost of duplication, so providing only summaries would not satisfy that requirement.

Under 1912.35, does the rule limit the formats in which transcripts must be provided (paper, electronic, etc.)?

1912.35 does not specify required formats for transcripts. The rule Availability and cost of transcripts in 1912.35 only requires making transcripts available to any person at the actual cost of duplication; it does not define the acceptable formats or media.

Under 1912.35, what is the effective date that determines whether a contract can block transcript release?

The effective date to consider is the Federal Advisory Committee Act's effective date, January 5, 1973. 1912.35 states that contracts entered into before that date may prohibit release and thus be an exception to transcript availability.

Under 1912.35, does the regulation require that transcripts be retained for a specific period?

No—1912.35 does not set a retention period for transcripts. The provision Availability and cost of transcripts in 1912.35 addresses availability and duplication cost but does not establish how long transcripts must be kept.

Under 1912.35, if a person requests a transcript, can the agency refuse because of privacy or confidentiality concerns not covered by pre-1973 contracts?

The text of 1912.35 only recognizes the pre-1973 contract exception and otherwise requires transcripts be made available to any person at actual duplication cost. 1912.35 does not list other exceptions for privacy or confidentiality, so such justifications are not specified in this provision.

Under 1912.35, does the provision apply to excerpts or partial transcripts?

1912.35 requires that "any transcripts of advisory committee meetings" be made available, which covers full transcripts; it does not address partial releases specifically. The requirement in 1912.35 focuses on availability at actual duplication cost and does not define limits on the portions provided.