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OSHA 1912a.4

Committee meeting requirements

14 Questions & Answers

Questions & Answers

Under 1912a.4(a), how many meetings must the Committee hold each calendar year?

The Committee must hold at least two meetings during each calendar year; it is contemplated that no more than six meetings will be held in a year. See 1912a.4(a) and 1912a.4.

Under 1912a.4(a), who can call or give advance approval for a Committee meeting?

Only the Secretary of Labor (or the Secretary's duly authorized representative) or the Secretary of Health, Education, and Welfare (or that Secretary's duly authorized representative) may call or give advance approval for a meeting. See 1912a.4(a)(1) and 1912a.4(a)(2).

Under 1912a.4(a)(1), can a Secretary’s ‘duly authorized representative’ call a meeting on the Secretary of Labor’s behalf?

Yes. A meeting may be called or approved by the Secretary of Labor’s duly authorized representative acting on the Secretary’s behalf. See 1912a.4(a)(1).

Under 1912a.4(a)(2), can the Secretary of Health, Education, and Welfare or that Secretary’s representative call Committee meetings?

Yes. The Secretary of Health, Education, and Welfare, or the Secretary’s duly authorized representative, can call or give advance approval for meetings. See 1912a.4(a)(2).

Under 1912a.4(a), may the Committee hold a meeting without advance approval of the designated authorities?

No. The standard states that no meeting shall be held except at the call of or with the advance approval of the specified authorities (the two Secretaries or their representatives). See 1912a.4(a).

Under 1912a.4(b), who must approve the meeting agenda in advance?

The person calling or approving the meeting must approve the agenda in advance, and that approval must be made in consultation with the Chairman or the Chairman’s delegate. See 1912a.4(b).

Under 1912a.4(b), does the standard require a specific form for the meeting agenda?

No. The standard explicitly says that no particular form for the agenda is prescribed, so the Committee may use whatever agenda format works for them. See 1912a.4(b).

Under 1912a.4(b), can Committee members propose items for the meeting agenda?

Yes. Members of the Committee may propose items for the agenda by submitting them to the Chairman. See 1912a.4(b).

Under 1912a.4, is the six-meeting-per-year limit absolute or described differently in the standard?

The standard describes the six-meetings-per-year figure as a contemplated limit, not an absolute command: it states that it is contemplated that no more than six meetings a year will be held, while requiring at least two meetings. See 1912a.4(a).

Under 1912a.4, can any official other than the two specified Secretaries or their representatives call a meeting?

No. The standard states no meeting shall be held except at the call of or with the advance approval of the Secretary of Labor (or that Secretary’s representative) or the Secretary of Health, Education, and Welfare (or that Secretary’s representative). Other officials are not authorized by this text. See 1912a.4(a).

Under 1912a.4(b), can the Chairman alone approve the agenda without the person calling or approving the meeting?

No. The agenda must be approved in advance by the person calling or approving the meeting, and that approval must be in consultation with the Chairman or the Chairman’s delegate—so the final approval rests with the person calling or approving the meeting. See 1912a.4(b).

Under 1912a.4(b), to whom should Committee members submit proposed agenda items?

Committee members should submit proposed agenda items to the Chairman, as the standard says members may propose items for the agenda to the Chairman. See 1912a.4(b).

Under 1912a.4(a), can either the Secretary of Labor or the Secretary of Health, Education, and Welfare act independently to call a meeting, or is joint approval required?

Either the Secretary of Labor (or that Secretary’s representative) or the Secretary of Health, Education, and Welfare (or that Secretary’s representative) may call or approve a meeting independently; joint approval is not required by the text. See 1912a.4(a)(1) and 1912a.4(a)(2).

Under 1912a.4, when must the agenda be approved relative to the meeting?

The agenda must be approved in advance of the meeting by the person calling or approving the meeting, in consultation with the Chairman or the Chairman’s delegate. See 1912a.4(b).