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OSHA 1912a.12

Committee charter requirements

15 Questions & Answers

Questions & Answers

Under 1912a.12, what must the National Advisory Committee on Occupational Safety and Health do with respect to its charter?

The Committee must operate in accordance with its charter. The rule also requires that a charter be filed on behalf of the Committee in line with the Federal Advisory Committee Act schedule; see 1912a.12 for the exact wording.

Under 1912a.12, how often must the Committee file its charter?

The Committee must file a charter every two years following December 28, 1970. The provision states that a charter shall be filed on behalf of the Committee "upon the expiration of each successive two-year period following December 28, 1970"; see 1912a.12.

Under 1912a.12, when does the two-year charter filing cycle begin?

The two-year charter filing cycle is measured from December 28, 1970. The regulation requires filing "upon the expiration of each successive two-year period following December 28, 1970"; see 1912a.12.

Under 1912a.12, who is specified as responsible for filing the charter?

The rule requires that a charter "be filed on behalf of the Committee." The text does not name an individual or office; it simply states the charter must be filed on the Committee's behalf in accordance with the Federal Advisory Committee Act; see 1912a.12.

Under 1912a.12, which federal law sets the filing procedure referenced in the requirement?

The filing schedule is set by the Federal Advisory Committee Act (FACA), specifically section 14(b)(2), and the charter must be filed in accordance with section 9(c) of FACA. The regulation itself references those FACA provisions; see 1912a.12.

Under 1912a.12, does the regulation prescribe the charter's content or format?

No, 1912a.12 does not prescribe the specific content or format of the charter. It requires that the Committee operate according to a charter and that a charter be filed on a two-year schedule consistent with the Federal Advisory Committee Act, but it does not detail charter contents; see 1912a.12.

Under 1912a.12, must the Committee follow its charter while carrying out its duties?

Yes. The regulation explicitly states the Committee shall operate in accordance with its charter. That operational requirement is part of the rule text; see 1912a.12.

Under 1912a.12, what does "filed on behalf of the Committee" mean about who submits the charter?

It means the charter must be submitted in a manner that is officially attributed to the Committee rather than an unrelated party. The provision requires a charter to "be filed on behalf of the Committee" consistent with FACA procedures, but it does not specify the exact filer or office; see 1912a.12.

Under 1912a.12, are there exceptions in the regulation to the two-year filing requirement?

No exceptions are specified in 1912a.12. The provision requires that a charter be filed on behalf of the Committee upon the expiration of each successive two-year period following December 28, 1970; see 1912a.12.

Under 1912a.12, what is the legal basis cited for the charter filing requirement?

The legal basis is the Federal Advisory Committee Act, specifically section 14(b)(2), and the filing must be made in accordance with section 9(c) of that Act. The regulation references these FACA provisions as the authority for the biennial filing; see 1912a.12.

Under 1912a.12, if a charter period expires, when should the replacement charter be filed?

A replacement charter should be filed upon the expiration of the two-year period—that is, at the end of each successive two-year period following December 28, 1970. The section directs filing on each two-year expiration; see 1912a.12.

Under 1912a.12, does the regulation provide procedures for altering the charter filing schedule?

No, 1912a.12 does not provide a procedure for changing the two-year filing schedule; it states the charter must be filed upon expiration of each successive two-year period as required by the Federal Advisory Committee Act; see 1912a.12.

Under 1912a.12, how does the December 28, 1970 date affect current filing obligations?

December 28, 1970 serves as the baseline date from which each successive two-year filing period is measured. The rule requires filing upon the expiration of each two-year period following that date; see 1912a.12.

Under 1912a.12, does the regulation describe consequences if the Committee does not file the charter on schedule?

No, 1912a.12 does not describe specific consequences for failing to file the charter; it simply mandates that a charter be filed on the two-year schedule set out. For enforcement or consequences, one would need to consult the Federal Advisory Committee Act and agency procedures in addition to 1912a.12.

Under 1912a.12, can a charter be filed before the two-year period expires?

1912a.12 requires a charter to be filed "upon the expiration" of each two-year period and does not expressly authorize early filing. The regulation does not address early filing, so the provision should be read per its text; see 1912a.12.