Definitions for advisory committees

Under 1912.44(a), "Act" means the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1590; 29 U.S.C. 650).

• This is the statutory authority referenced throughout part 1912.

Under 1912.44(b)(1), the term "Advisory Committee" has the same meaning given in section 3(2) of the Federal Advisory Committee Act, so it includes subcommittees when their meetings relate to matters governed by that Act and excludes informal subgroups that lack the characteristics of formal advisory committees.

• Practically, that means formal committees and relevant subcommittees are treated as advisory committees for compliance with FACA, while small informal working groups generally are not.

Under 1912.44(b)(1), informal subgroups generally are not considered "Advisory Committees" when they have few characteristics of formal advisory committees, consistent with the interpretation referenced from OMB Circular A-63.

• If a subgroup starts acting like a formal advisory committee (regular public meetings, formal charter, broad membership, etc.), it may then fall under the Advisory Committee definition.

Under 1912.44(b)(2)(i), any committee appointed under section 7(b) of the Act to provide advice to the Assistant Secretary in developing occupational safety and health standards is considered an "Advisory Committee."

• This captures committees specifically formed to advise OSHA on standardmaking.

Yes. 1912.44(b)(2)(ii) explicitly states that the Advisory Committee on Construction Safety and Health established under the Construction Safety Act is included in the term "Advisory Committee."

• That means this construction-focused advisory body is subject to the same definition and related requirements.

Under 1912.44(c), "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health.

• This is the official OSHA leadership position referenced throughout part 1912.

Under 1912.44(d), a "committee charter" is an order, statement, or proclamation of the Assistant Secretary that establishes, continues, or uses an advisory committee.

• In practice, the charter is the formal document that creates or authorizes the committee and describes its purpose and scope.

Under 1912.44(e), "Construction Safety Act" means section 107 of the Contract Work Hours and Safety Standards Act (83 Stat. 96; 40 U.S.C. 333).

• This statutory reference is the source for the special construction advisory committee mentioned in the standard.

Under 1912.44(b)(1), subcommittees qualify as "Advisory Committees" to the extent that the conduct of their meetings relates to matters regulated by the Federal Advisory Committee Act.

• If a subcommittee's meetings involve public advice or rulemaking topics covered by FACA, it will be treated like a formal advisory committee for compliance purposes.

Under 1912.44(b)(2)(i), a committee appointed under section 7(b) to advise the Assistant Secretary on developing standards is an "Advisory Committee," regardless of whether it has a separate charter document.

• The key is the statutory appointment and advisory role to the Assistant Secretary on standard development.

Under 1912.44(d), a committee charter is the Assistant Secretary's order, statement, or proclamation that establishes, continues, or uses an advisory committee, so you should expect it to identify the committee's existence, purpose, and authorization.

• While 1912.44(d) defines what a charter is, the specific contents (such as membership, duration, or duties) will typically be included in the actual charter document provided by OSHA or the Assistant Secretary.

Under 1912.44(b)(1), a working group should be considered an "Advisory Committee" if it has the characteristics of a formal advisory committee and its meetings relate to matters governed by the Federal Advisory Committee Act; informal groups with few such characteristics are not included.

• Useful indicators that a group may be an advisory committee include regular public meetings, formal membership structure, official charge to advise the Assistant Secretary, or issuance of formal recommendations.

Under 1912.44(b)(2)(i) and 1912.44(d), the part defines what an advisory committee is and says committees appointed under section 7(b) to advise the Assistant Secretary are Advisory Committees, while the "committee charter" is the Assistant Secretary's formal document establishing a committee—so it identifies both the appointing authority (the Assistant Secretary under section 7(b)) and how a committee is formally authorized.

• In short, the definitions indicate that appointment authority and formal charters rest with the Assistant Secretary under the Act.