Under 1912a.10, who must be present at advisory committee meetings?
An officer or employee of the Federal Government referred to in 1912a.4 must be present at all advisory committee meetings. This is required by 1912a.10.
OSHA 1912a.10
OSHA officer presence at meetings
13 Questions & Answers
Questions & Answers
Under 1912a.10, does this presence requirement apply to every advisory committee of the National Advisory Committee on Occupational Safety and Health?
Yes. The requirement applies to the meetings of all advisory committees without exception. The regulation states "The meetings of all advisory committees shall be in the presence of an officer or employee of the Federal Government referred to in 1912a.4," as set out in 1912a.10.
- That sentence makes the coverage universal for advisory committees under this part.
Under 1912a.10, can the officer present adjourn meetings on their own authority?
Yes. The officer or employee present has the authority to adjourn any meeting whenever they determine adjournment to be in the public interest. This power is explicitly granted in 1912a.10.
- The regulation gives this adjournment power to the officer or employee present; it does not add conditions or require prior approval in the text of the section.
Under 1912a.10, does the regulation define what counts as the "public interest" for adjournment decisions?
No. The regulation does not define the term "public interest." 1912a.10 grants the officer the power to adjourn when they determine it is in the public interest but does not supply a statutory definition.
- Because the regulation is silent on a definition, agencies typically rely on internal guidance, committee charters, or legal advice to interpret what constitutes the public interest in specific situations.
Under 1912a.10, must the federal officer present chair the advisory committee meeting, or are they only required to be present?
The regulation requires that an officer or employee be present, but it does not say the officer must chair the meeting. 1912a.10 only specifies presence and the adjournment authority.
- Whether the officer serves as chair or plays other leadership roles will depend on the committee’s charter or agency practice, not on the text of 1912a.10 itself.
Under 1912a.10, can the officer's presence be fulfilled by any Federal employee, or must it be a specific person referenced in 1912a.4?
The officer or employee who must be present is the one referred to in 1912a.4, so the individual should fall within the roles described there. See 1912a.10 for the presence requirement.
- Because 1912a.10 refers to 1912a.4, consult 1912a.4 or the committee’s charter to confirm which officers or employees are authorized to satisfy the requirement.
Under 1912a.10, if no officer or employee is available, can the advisory committee hold the meeting anyway?
No—the text requires meetings to be held in the presence of the officer or employee referred to in 1912a.4, so holding the meeting without that presence would not comply with 1912a.10.
- Practical options include postponing the meeting until an authorized officer or employee can attend or getting prior agency approval for an alternative arrangement consistent with agency policy.
Under 1912a.10, does "presence" require physical attendance in the room, or can it be satisfied remotely (for example, by video or teleconference)?
The regulation requires that an officer or employee be "in the presence" of the meeting but does not specify whether that presence must be physical or may be virtual. See 1912a.10.
- Because 1912a.10 is silent on modality, whether remote participation satisfies the requirement will depend on agency policy, the committee’s charter, and any applicable guidance about virtual meetings. Ensure the officer’s participation—physical or virtual—allows them to exercise their authority, including adjournment, as required by the regulation.
Under 1912a.10, does the regulation require that the officer’s name be listed on meeting notices, agendas, or minutes?
No. 1912a.10 mandates the officer’s presence but does not require that the officer’s name appear on notices, agendas, or minutes.
- Individual agencies or the committee’s charter may impose documentation or notice rules that require naming the officer; check those documents for additional requirements.
Under 1912a.10, if the officer adjourns a meeting, is there a statutory appeal process specified in the regulation?
No. 1912a.10 grants the officer the power to adjourn when they determine adjournment is in the public interest but does not set out any appeal procedure.
- If a participant believes the adjournment was improper, they should consult agency procedures, the committee’s charter, or legal counsel about administrative remedies available under the agency’s rules.
Under 1912a.10, does the officer’s authority extend beyond adjourning meetings—for example, to control agenda items or membership?
The text of 1912a.10 specifically grants the officer authority to adjourn meetings; it does not enumerate other powers.
- Agencies may have separate statutes, policies, or charters that assign additional supervisory roles to designated officers or employees. To determine other authorities, review 1912a.4, the committee charter, and relevant agency guidance.
Under 1912a.10, can non-federal participants (private citizens or industry reps) attend advisory committee meetings if the required officer is present?
Yes—the regulation’s requirement is only that an officer or employee be present; it does not prohibit participation by non-federal members. 1912a.10 addresses presence, not membership or attendance rules.
- Whether non-federal participants may attend and under what conditions is governed by the committee’s charter, agency policies, or other applicable rules, so review those documents for specific attendance limits or public-access rules.
Under 1912a.10, the text uses the pronoun "he" when describing the officer—does this mean the authority applies only to male officers?
No. The use of the pronoun in 1912a.10 is not a gender limitation; the authority applies to any officer or employee who meets the role described in the regulation.
- Modern interpretation treats gendered pronouns in older regulatory text as gender-neutral unless an explicit gender restriction is stated; the key requirement is that an authorized officer or employee be present and able to exercise the adjournment power.