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OSHA 1912.9

Advisory committee membership requirements

19 Questions & Answers

Questions & Answers

Under 1912.9(a), who must be included on any advisory committee appointed by the Assistant Secretary under section 7(b) of the Act?

Under 1912.9(a), any advisory committee must include a designee of the Secretary of Health, Education, and Welfare, at least one employer representative and at least one employee representative (with equal numbers of employer and employee representatives), and at least one representative of State health and safety agencies. See the Requirement in 1912.9(a).

What does 1912.9(a)(1) require regarding the Secretary of Health, Education, and Welfare?

Under 1912.9(a)(1), the advisory committee must include at least one member who is a designee of the Secretary of Health, Education, and Welfare. See 1912.9(a)(1).

How does 1912.9(a)(2) require employer and employee representation to be balanced on the committee?

Under 1912.9(a)(2), the committee must have at least one member qualified to present employers' viewpoints and at least one member qualified to present employees' viewpoints, and there must be an equal number of employer and employee representatives. See 1912.9(a)(2).

Can an advisory committee have more employer representatives than employee representatives?

No. Under 1912.9(a)(2), the committee must have an equal number of representatives of the employers and employees involved, so you may not have more employer representatives than employee representatives. See 1912.9(a)(2).

How many State health and safety agency representatives are required under 1912.9(a)(3)?

Under 1912.9(a)(3), the committee must include at least one representative of State health and safety agencies. See 1912.9(a)(3).

What does it mean that employer and employee members must be "qualified by experience and affiliation" under 1912.9(a)(2)?

Under 1912.9(a)(2), "qualified by experience and affiliation" means the members chosen to represent employers and employees should have relevant work experience and organizational ties that allow them to credibly present their group's viewpoint to the committee. See 1912.9(a)(2).

  • Practically, that means picking people who understand their constituency’s safety concerns and who are recognized by employers or employees as legitimate representatives.

Who may the Assistant Secretary appoint in addition to the required members under 1912.9(b)?

Under 1912.9(b), the Assistant Secretary may appoint other persons qualified by knowledge and experience to contribute usefully to the committee’s work, such as representatives of professional organizations of safety technicians or nationally recognized standards-producing organizations. See 1912.9(b).

Is there a limit on how many additional experts the Assistant Secretary may appoint under 1912.9(b)?

Yes. Under 1912.9(b), the number of additional persons appointed (for example, professionals or standards group representatives) must not exceed the number of persons appointed as representatives of Federal and State agencies. See 1912.9(b).

  • Example: if there are three Federal and State agency representatives in total, you cannot appoint more than three additional experts under this provision.

What is the maximum size of each advisory committee under 1912.9(c)?

Under 1912.9(c), each committee must consist of not more than 15 members. See 1912.9(c).

Does 1912.9(d) specify any special composition for the Advisory Committee on Construction Safety and Health?

Under 1912.9(d), the representation for the Advisory Committee on Construction Safety and Health is described in 1912.3, so you should consult that section for the specific composition rules. See 1912.9(d) and 1912.3.

Who has the authority to appoint members to these advisory committees under 1912.9?

Under 1912.9, the Assistant Secretary has the authority to appoint members to advisory committees established under section 7(b) of the Act. See 1912.9(a).

Do representatives of nationally recognized standards-producing organizations qualify as possible appointees?

Yes. Under 1912.9(b), the Assistant Secretary may appoint one or more persons from nationally recognized standards-producing organizations if they are qualified to contribute to the committee’s work. See 1912.9(b).

If a committee already has the required Federal and State agency representatives, does adding outside experts risk exceeding the 15-member cap?

Yes. Under 1912.9(c) the committee cannot exceed 15 members, and under 1912.9(b) the number of outside experts cannot exceed the number of Federal and State agency representatives; both rules apply together, so you must count all members to ensure the total stays at or below 15. See 1912.9(b) and 1912.9(c).

  • Tip: make a roster and run counts for (1) employer reps, (2) employee reps, (3) Federal/State agency reps, and (4) additional experts before finalizing appointments.

Does 1912.9 require that employer and employee representatives be selected from the specific industries affected by the committee’s work?

Yes in practice: 1912.9(a)(2) requires employer and employee members to be "qualified by experience and affiliation to present the viewpoint of the employers/ employees involved," which means they should come from the employers and employees directly affected by the committee’s subject. See 1912.9(a)(2).

If I represent a State agency, does my seat count toward the limit on additional expert appointees under 1912.9(b)?

No. Under 1912.9(b), the limitation applies to the number of additional persons appointed (experts, professional organization reps, etc.) which must not exceed the number of persons appointed as representatives of Federal and State agencies. Being a State agency representative counts on the agency side, not the additional-expert side. See 1912.9(b).

Can a professional technician organization have multiple representatives on the committee under 1912.9(b)?

Potentially yes, but subject to limits: 1912.9(b) allows one or more representatives of professional organizations to be appointed, but the total number of such additional appointees cannot exceed the number of Federal and State agency representatives. Also the overall committee size cannot exceed 15. See 1912.9(b) and 1912.9(c).

Is it mandatory to reach the 15-member maximum for an advisory committee under 1912.9(c)?

No. Under 1912.9(c), the committee must consist of not more than 15 members, which means 15 is the upper limit but committees can be smaller. See 1912.9(c).

How should I document that employer and employee representatives are "qualified by experience and affiliation" if asked?

Document members’ qualifications with short bios or resumes that show relevant work experience and organizational affiliation, and state which employers or employees they represent to show they meet 1912.9(a)(2)’s requirement that members be qualified to present those viewpoints. See 1912.9(a)(2).

  • Include: job titles, years of relevant experience, employer or union affiliation, and a brief statement of how they represent the affected group.

Does 1912.9 limit representation from nationally recognized standards-producing organizations to only one person?

No. 1912.9(b) allows "one or more persons" from nationally recognized standards-producing organizations, so multiple representatives are permitted so long as the total number of such additional appointees does not exceed the number of Federal and State agency representatives and the committee stays within the 15-member cap. See 1912.9(b) and 1912.9(c).