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Back to Part 1912a
OSHA 1912a.3

Committee membership terms

13 Questions & Answers
Official OSHA text

Questions & Answers

Under 1912a.3, how long is the initial term for members appointed to the first class of the Committee?

Under 1912a.3 members of the first class are appointed for a term of one year.

  • This is the specific arrangement that commenced on July 1, 1973, to stagger initial terms so only part of the Committee would be renewed each year.

(See 1912a.3.)

Under 1912a.3, how long is the initial term for members appointed to the second class of the Committee?

Under 1912a.3 members of the second class are appointed for a term of two years.

  • The two classes (each of six members) create staggered terms so the Committee maintains continuity.

(See 1912a.3.)

Under 1912a.3, what is the standard term length for Committee members after the initial staggered terms?

Under 1912a.3 members are appointed for regular terms of two years after the initial staggered one- and two-year appointments.

  • That means once the initial setup is complete, most appointments are two-year terms.

(See 1912a.3.)

Under 1912a.3, how many members are in each initial class when the staggered appointments began?

Under 1912a.3 each initial class consisted of six members.

  • The rule established two classes of six members each to create staggered term expirations.

(See 1912a.3.)

Under 1912a.3, what representation must the Committee include at all times?

Under 1912a.3 the Committee must at all times include representatives of management, labor, occupational safety and health professions, and the public.

  • Appointments should reflect those broad stakeholder groups so the Committee has balanced perspectives.

(See 1912a.3.)

Under 1912a.3, can the Secretary remove a Committee member before their appointed term ends?

Under 1912a.3 the Secretary may remove any Committee member at any time, in the Secretary’s discretion.

  • A fixed-term appointment does not limit the Secretary’s authority to remove a member early.

(See 1912a.3.)

Under 1912a.3, what happens if a Committee member resigns or is removed before their term expires?

Under 1912a.3 if a member resigns or is removed, the Secretary may appoint a replacement to serve the remainder of the unexpired term.

  • The replacement must represent the same interest (management, labor, safety/health professions, or public) as the predecessor.

(See 1912a.3.)

Under 1912a.3, must a replacement member represent the same interest as the member they replace?

Under 1912a.3 yes—the Secretary may appoint a replacement who shall represent the same interest as his or her predecessor.

  • This maintains the Committee’s required balance among management, labor, professionals, and the public.

(See 1912a.3.)

Under 1912a.3, does appointment for a fixed time affect the Secretary’s removal authority?

Under 1912a.3 appointing a member for a fixed term does not limit the Secretary’s authority to remove that member at any time.

  • Fixed-term language does not create an absolute tenure; removal remains discretionary.

(See 1912a.3.)

Under 1912a.3, when did the two-class term system for Committee membership commence?

Under 1912a.3 the two-class term system commenced on July 1, 1973.

  • That start date established the staggered one- and two-year initial appointments.

(See 1912a.3.)

Under 1912a.3, how many total members compose the Committee based on the initial class structure?

Under 1912a.3 the Committee is composed of two classes of six members each, so the total is twelve members.

  • The twelve-member composition supports representation across management, labor, professionals, and the public.

(See 1912a.3.)

Under 1912a.3, are appointments limited to two-year terms after the initial setup?

Under 1912a.3 regular appointments are two years, so long-term service is structured around two-year terms after the initial staggered appointments.

  • Shorter or early termination can still occur because the Secretary can remove members at any time.

(See 1912a.3.)

Under 1912a.3, does the rule specify how appointments are made (who appoints members)?

Under 1912a.3 the Secretary (of Labor) is the appointing authority implied by the authority to remove and appoint replacements.

  • The text references the Secretary’s power to remove members and to appoint replacements for unexpired terms, indicating that appointments are made by the Secretary.

(See 1912a.3.)