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OSHA 1912.41

Legal services for committees

13 Questions & Answers

Questions & Answers

Under 1912.41, who provides legal services to advisory committees?

Under 1912.41, the Solicitor of Labor provides legal assistance to advisory committees as needed. See 1912.41 which states the Solicitor "shall provide such legal assistance as may be necessary or appropriate for advisory committees to carry out their functions."

Under 1912.41, what is the scope of the legal assistance the Solicitor of Labor must provide?

Under 1912.41, the Solicitor of Labor must provide "such legal assistance as may be necessary or appropriate" to help advisory committees carry out their functions under Part 1912. See 1912.41. This means legal help is available when it is needed to enable the committee to meet the requirements and responsibilities set out in this part.

Under 1912.41, when should an advisory committee ask the Solicitor of Labor for legal assistance?

Under 1912.41, an advisory committee should seek assistance from the Solicitor of Labor when a legal question or issue arises that affects the committee's ability to carry out its duties under Part 1912. See 1912.41. Best practice is to contact the Solicitor early—before taking actions that might have legal consequences—to ensure the committee stays within the requirements of this part.

Under 1912.41, can an advisory committee hire its own private attorney instead of using the Solicitor of Labor?

Under 1912.41, the standard states the Solicitor of Labor "shall provide" necessary legal assistance to advisory committees; it does not explicitly address hiring private counsel. See 1912.41. Because the regulation requires the Solicitor to provide assistance, committees should coordinate with the Solicitor or agency contacts before engaging outside counsel to avoid duplication or conflicts.

Under 1912.41, does the Solicitor of Labor provide legal advice on matters like FOIA, ethics, or antitrust for advisory committees?

Under 1912.41, the Solicitor of Labor provides legal assistance as necessary or appropriate to help advisory committees carry out their functions under this part, but the provision does not list specific subject areas. See 1912.41. If issues such as FOIA, ethics, antitrust, or other laws affect the committee's duties, the committee should raise those issues with the Solicitor so the Solicitor can determine whether and how to assist.

Under 1912.41, does the Solicitor of Labor's legal assistance include representing a committee in litigation?

Under 1912.41, the Solicitor of Labor is required to provide legal assistance necessary for advisory committees to carry out their functions, but the text does not specify whether that assistance includes litigation representation. See 1912.41. For questions about litigation or formal representation, the committee should consult the Solicitor's office to clarify the scope of representation.

Under 1912.41, does the Solicitor of Labor have to review committee agendas, minutes, or draft reports?

Under 1912.41, the Solicitor of Labor must provide legal assistance as necessary or appropriate to enable advisory committees to perform their duties; this can include review of agendas, minutes, or draft reports if such review is necessary for the committee to meet the requirements of this part. See 1912.41. Committees should coordinate with the Solicitor to decide which documents need legal review.

Under 1912.41, who decides whether legal assistance is "necessary or appropriate" for an advisory committee?

Under 1912.41, the Solicitor of Labor is tasked with providing legal assistance when it is "necessary or appropriate," but determining that need will typically involve discussion between the committee's organizers and the Solicitor's office. See 1912.41. If a committee member or staff believes legal help is required, they should raise the issue with the agency contact so the Solicitor can evaluate and respond.

Under 1912.41, how should an advisory committee request legal assistance from the Solicitor of Labor?

Under 1912.41, the regulation requires the Solicitor of Labor to provide legal assistance but does not prescribe a formal request process. See 1912.41. In practice, advisory committees should make requests through their OSHA or Department of Labor staff contact, who will coordinate with the Solicitor's office to obtain the needed legal support.

Under 1912.41, does the legal assistance requirement apply to every advisory committee formed under Part 1912?

Under 1912.41, the Solicitor of Labor must provide legal assistance for advisory committees governed by this part, so the requirement applies to advisory committees covered by Part 1912. See 1912.41 and the overall Part 1912. If a committee is established under this part, the Solicitor is charged with providing necessary legal help.

Under 1912.41, does the Solicitor of Labor's legal assistance include drafting or reviewing proposed regulations related to an advisory committee's work?

Under 1912.41, the Solicitor of Labor must provide legal assistance that is necessary or appropriate for advisory committees to carry out their functions, which can include drafting or reviewing documents tied to the committee's official work if that assistance is needed. See 1912.41. For specific drafting or review tasks, committees should coordinate with the Solicitor to define the scope and timing of support.

Under 1912.41, will the Solicitor of Labor provide personal legal advice to individual committee members?

Under 1912.41, the Solicitor of Labor is required to provide legal assistance to advisory committees, not to act as personal counsel for individual members. See 1912.41. Individual committee members who need personal legal advice should consult their own attorneys; if an issue affects the committee as a whole, the committee can request assistance from the Solicitor.

Under 1912.41, does the regulation place limits on confidentiality or privilege for legal assistance provided to advisory committees?

Under 1912.41, the regulation requires the Solicitor of Labor to provide legal assistance but does not specify rules about confidentiality or attorney-client privilege. See 1912.41. Questions about confidentiality or privilege for legal communications should be discussed directly with the Solicitor's office so the committee understands how those issues will be handled.