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OSHA 1912a.13

Committee subcommittees procedures

15 Questions & Answers

Questions & Answers

Under 1912a.13(a), can the Chairman appoint subcommittees from Committee members and are subcommittee meetings subject to the same public-meeting rules as full Committee meetings?

Yes. The Chairman may appoint subcommittees from Committee members, and subcommittee meetings must follow the same public-meeting rules as the full Committee. For example, subcommittee meetings must be open to the public and notice of those meetings must be published in the FEDERAL REGISTER, as required by 1912a.13(a).

  • Practical point: Treat subcommittee meetings like full Committee meetings for public access and notice requirements.

Under 1912a.13(b), what is the allowed role of a subcommittee in relation to the full Committee?

A subcommittee's role is limited to giving advice and making recommendations to the full Committee and it may not act outside that purpose. The standard states that subcommittees provide guidance only to the full Committee and may not take independent actions beyond advising, as set out in 1912a.13(b).

  • Practical point: Any final decisions or actions must come from the full Committee, not the subcommittee.

Under 1912a.13(b), can the Chairman of the full Committee appoint the chair of a subcommittee?

Yes. The Chairman may appoint any member of a subcommittee to serve as the subcommittee's Chairman. The regulation explicitly allows the full Committee Chairman to appoint subcommittee chairs, as stated in 1912a.13(b).

  • Practical point: Subcommittee leadership is selected by the Committee Chairman from among subcommittee members.

Under 1912a.13(c), must subcommittees follow the Committee's charter and procedures?

Yes. Subcommittees are required to operate in accordance with the Committee's charter and the procedures set forth in the part. The regulation requires subcommittees to follow the Committee's charter and established procedures, as described in 1912a.13(c).

  • Practical point: Before holding meetings or making recommendations, subcommittees should review the Committee charter and the procedural rules in this part.

Under 1912a.13(d), may the Chairman appoint temporary informal subgroups and what kinds of tasks can those groups perform?

Yes. The Chairman may appoint temporary informal subgroups from among Committee members to gather technical information or suggest schedules, plans, agendas, terms, or methods of operation. The standard permits forming short-term informal groups for those support tasks, as set out in 1912a.13(d).

  • Practical point: These informal subgroups are meant for assistance and information gathering, not for taking official actions on behalf of the Committee.

Under 1912a.13(a), do subcommittee meetings have to be announced in the FEDERAL REGISTER?

Yes. Notice of subcommittee meetings must be published in the FEDERAL REGISTER. The rule explicitly requires that subcommittee meeting notices be published there, as stated in 1912a.13(a).

  • Practical point: Plan public notice timelines to allow publication in the FEDERAL REGISTER before the meeting.

Under 1912a.13(a), must subcommittee meetings be open to the public?

Yes. Any meeting of subcommittees must be open to the public. The requirement that subcommittee meetings be open is explicitly stated in 1912a.13(a).

  • Practical point: Ensure meeting locations and procedures accommodate public attendance and any applicable notice requirements.

Under 1912a.13(b), can a subcommittee make decisions or take actions independently of the full Committee?

No. Subcommittees may only give advice and make recommendations to the full Committee and cannot act independently beyond that advisory role. The regulation limits subcommittees to advising the full Committee, as stated in 1912a.13(b).

  • Practical point: Any binding decisions or policy changes must be approved by the full Committee, not the subcommittee.

Under 1912a.13(c), if a subcommittee's proposed process conflicts with the Committee charter, which takes precedence?

The Committee's charter and the procedures set forth in the part take precedence, so the subcommittee must follow them. The rule requires subcommittees to operate in accordance with the Committee's charter and procedures, as described in 1912a.13(c).

  • Practical point: Adjust subcommittee plans to align with the charter and established procedures before proceeding.

Under 1912a.13(d), are temporary informal subgroups subject to the same public-meeting and notice requirements as formal subcommittees?

The text allows the Chairman to appoint temporary informal subgroups for assistance and information gathering, but it does not expressly state that those informal subgroups are subject to the same public-meeting and notice rules as formal subcommittees. The rule describes the permissible tasks for temporary informal subgroups in 1912a.13(d).

  • Practical point: Because the formal public-meeting and notice rules are explicitly applied to subcommittees in 1912a.13(a), check the Committee charter or seek guidance if you need to determine whether a specific informal subgroup must follow those requirements.

Under 1912a.13(a), do the general provisions of this part automatically apply to subcommittees?

Yes. All provisions of this part regarding the conduct of Committee meetings apply to subcommittee meetings. The regulation explicitly states that the part's meeting conduct rules extend to subcommittees in 1912a.13(a).

  • Practical point: Apply the same procedures for agendas, public participation, records, and notices to subcommittee meetings as for the full Committee.

Under 1912a.13(b), who can serve as a subcommittee Chairman?

Any member of a subcommittee may be appointed by the Committee Chairman to serve as the subcommittee Chairman. The regulation states this appointment authority in 1912a.13(b).

  • Practical point: The subcommittee Chair does not need to be the full Committee Chair; they are selected from subcommittee members by the Committee Chairman.

Under 1912a.13(d), can temporary informal subgroups suggest operational methods or schedules to the Committee?

Yes. Temporary informal subgroups may be appointed to suggest schedules, plans, agendas, terms, or methods of operation to assist the Committee or the Chairman. The regulation allows these types of support tasks in 1912a.13(d).

  • Practical point: Use informal subgroups to develop draft schedules or operational approaches for the Committee to review.

Under 1912a.13(a), if a subcommittee meeting is planned, what public-access actions must organizers take?

Organizers must make the subcommittee meeting open to the public and publish notice of the meeting in the FEDERAL REGISTER. The rule requires both public access and Federal Register notice for subcommittee meetings, as specified in 1912a.13(a).

  • Practical checklist:
    • Schedule a public-accessible venue or remote access option.
    • Prepare and submit a meeting notice for publication in the FEDERAL REGISTER in time for the meeting.
    • Follow the part's other meeting conduct provisions (e.g., agendas, records).

Under 1912a.13, are subcommittees authorized to collect technical information for the Committee?

Yes. Subcommittees and temporary informal subgroups may be used to gather technical information to assist the Committee, as permitted by the rule. Section 1912a.13(d) specifically authorizes appointing informal subgroups to gather technical information, and the general subcommittee provisions allow subcommittees to assist the Committee as well.

  • Practical point: Use subcommittees or informal groups when detailed technical research or data collection is needed to support Committee recommendations.