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OSHA 1912.8

Advisory committee charter requirements

21 Questions & Answers

Questions & Answers

Under 1912.8(a), when is an advisory committee allowed to take action or conduct business?

An advisory committee may not take action or conduct business after January 5, 1973, until a committee charter has been filed as required. This filing requirement is set out in 1912.8(a) and applies to every advisory committee covered by the rule.

Under 1912.8(b)(1), what must I put for the committee's official designation on the charter?

The charter must state the committee's official name or designation exactly as the committee will be known. The requirement for an official designation is listed in 1912.8(b)(1).

Under 1912.8(b)(2), how should I describe the committee's objectives and scope of activity on the charter?

You must clearly describe what the committee will work on and the standards it will develop or advise on. The charter should explain the committee's objectives and scope of activity as required by 1912.8(b)(2).

Under 1912.8(b)(3), what should the charter say about the period of time necessary for the committee to carry out its purposes?

The charter must state how long the committee needs to accomplish its mission—either a fixed period or an estimate. This time period requirement is specified in 1912.8(b)(3).

Under 1912.8(b)(4), who must be named as the agency to whom the advisory committee reports?

The charter must identify the agency official to whom the committee reports, for example the Assistant Secretary. Naming the reporting agency is required by 1912.8(b)(4).

Under 1912.8(b)(5), what should the charter include about the agency providing support?

The charter must identify which agency will provide administrative and staff support, such as the Occupational Safety and Health Administration. This support agency identification is required by 1912.8(b)(5).

Under 1912.8(b)(6), how detailed must the description of the committee's duties be?

The charter must include a clear description of the committee's duties—what tasks it will perform and any deliverables expected. The rule requires a duties description in 1912.8(b)(6).

Under 1912.8(b)(7), what information about meetings must be included in the charter?

The charter must state the estimated number of meetings and how often the committee is expected to meet. Meeting frequency and number are required by 1912.8(b)(7).

Under 1912.8(b)(8), what should be included about estimated annual operating costs?

The charter must include an estimate of annual operating costs expressed in dollars and in man‑years (staff time). The requirement to provide both dollars and man‑years is set out in 1912.8(b)(8).

Under 1912.8(b)(9), when must a committee include a termination date on its charter?

If the committee will end in less than two years, the charter must state its termination date or fixed period of termination. This requirement is described in 1912.8(b)(9), and you should also consult 1912.3(j) for special rules about the Advisory Committee on Construction Safety and Health.

Under 1912.8(b)(10), what filing date must be entered on the charter?

The charter must state the date it is filed with the Department of Labor's Committee Management Officer. Recording the filing date is required by 1912.8(b)(10).

Under 1912.8(c), when must a subgroup of an advisory committee have its own charter?

Formal subgroups, such as a formal subcommittee, should have their required information included either in the parent committee's charter or in a separate charter for the subgroup. This guidance on applicability to subgroups is in 1912.8(c).

Under 1912.8(c), do informal or temporary subgroups need to be listed in the charter?

Informal subgroups, especially temporary ones, do not need to be expressly reflected in the charter. The rule explains this exception in 1912.8(c).

Under 1912.8(d), who is responsible for filing each charter with the Department's Committee Management Officer?

The Assistant Secretary is responsible for filing each charter with the Department's Committee Management Officer. This filing responsibility is specified in 1912.8(d).

Under 1912.8(a) and 1912.8(b), what happens if an advisory committee operates without a filed charter after January 5, 1973?

An advisory committee is not permitted to take action or conduct business after January 5, 1973, unless it has filed a charter as required; operating without the filed charter would be contrary to 1912.8(a). The charter must contain the required information listed in 1912.8(b).

Under 1912.8(b) and 1912, what overall rule requires advisory committees to have the charter information listed in 1912.8(b)?

The overarching requirement that advisory committees include the specified charter information is part of the general standard in Part 1912 with the specific items listed in 1912.8(b).

Under 1912.8(b)(8), how should I express man‑years when estimating annual operating costs?

Express the estimated staff effort as man‑years (for example, 0.5 man‑years or 2 man‑years) alongside the dollar estimate for annual operating costs. The requirement to give both dollars and man‑years is set out in 1912.8(b)(8).

Under 1912.8(c), can the parent committee's charter cover a formal subcommittee's required information instead of a separate charter?

Yes—information for a formal subcommittee may be set forth in the parent committee's charter instead of issuing a separate charter for the subgroup. This flexibility for formal subgroups is described in 1912.8(c).

Under 1912.8(b)(3) and 1912.8(b)(9), how do I reconcile stating a period of time for the committee and a termination date under two years?

State the expected period needed to accomplish the committee's work in the charter and, if that period is less than two years, include a specific termination date or fixed period of termination. These two requirements are found in 1912.8(b)(3) and 1912.8(b)(9), respectively.

Under 1912.8(b)(4) and 1912.8(d), how should the charter identify reporting and filing responsibilities?

Identify the agency official to whom the committee reports (for example, the Assistant Secretary) and note that the Assistant Secretary must file the charter with the Department's Committee Management Officer. These responsibilities are specified in 1912.8(b)(4) and 1912.8(d).

Under 1912.8(b), what basic checklist can I follow to make sure a charter includes all required items?

You should include each item listed in 1912.8(b). A simple checklist is: