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OSHA 1912a.5

Committee advice procedures

12 Questions & Answers

Questions & Answers

Under 1912a.5, what approval is required for the Committee to issue advice or recommendations?

Yes. Under 1912a.5 any advice or recommendations of the Committee must be given or made with the approval of a majority of all Committee members present.

  • This means a decision cannot be recorded as the Committee's official advice unless more than half of the members who are present approve it.
  • The section does not prescribe a specific voting mechanism; it only sets the majority requirement.

Under 1912a.5, must the Chairman include dissenting opinions in reports of the Committee?

Yes. Under 1912a.5 the Chairman must include any concurring or dissenting views in any report of the Committee.

  • The rule requires that both agreement and disagreement with the Committee recommendation be reported, so readers see minority as well as majority positions.
  • The Chairman must also report abstentions and absences alongside those views.

Under 1912a.5, does the Committee report have to record abstentions and absences?

Yes. Under 1912a.5 the Chairman shall include abstentions and absences in any report of the Committee.

  • Records of who abstained and who was absent must appear with the Committee's advice or recommendations.
  • The section does not specify a required format for reporting these items, only that they be included.

Under 1912a.5, can a single member file his or her own advice or recommendations separate from the Committee's report?

Yes. Under 1912a.5 any member may submit his or her own advice and recommendations in the form of individual views with respect to any matter considered by the Committee.

  • Individual views can be used to record a member's separate analysis or recommendations even when the Committee issues a majority-approved recommendation.
  • The provision allows members to preserve and present minority perspectives.

Under 1912a.5, does the rule define a quorum or a specific number of members required to be present?

No. Under 1912a.5 the rule does not define a separate quorum; it only requires approval by a majority of the Committee members present.

  • In practice, the effective requirement is that enough members are present so a majority of those present can approve advice, but the section does not set a numeric quorum threshold.
  • Other committee bylaws or procedures (not covered in 1912a.5) may set formal quorum rules.

Under 1912a.5, does the Chairman have discretion to omit a member’s dissenting view from the published report?

No. Under 1912a.5 the Chairman shall include concurring or dissenting views, so the Chairman may not omit those views from the Committee report.

  • The rule explicitly requires inclusion of both concurring and dissenting views as part of the report content.
  • This promotes transparent documentation of disagreement within the Committee.

Under 1912a.5, can advice or recommendations be issued without any members being present at the time of approval?

No. Under 1912a.5 advice and recommendations must be approved by a majority of the Committee members who are present, so there must be members present to provide that majority approval.

  • The text implies approval must occur where members are present; it does not authorize issuance based solely on absent-member actions.
  • The section does not detail remote participation or proxy rules—those would be addressed by separate procedures if adopted by the Committee.

Under 1912a.5, does the section specify how individual views should be submitted or formatted?

No. Under 1912a.5 the section allows any member to submit individual views but does not set rules on format, timing, or submission process.

  • Because 1912a.5 is silent on format and process, the Committee's own procedures or administrative guidance would typically govern how individual views are submitted and included in the record.
  • Members should consult the Committee’s procedural rules or staff for submission details.

Under 1912a.5, if a majority of members present approves advice, must the report also show who concurred?

Yes. Under 1912a.5 the Chairman must include concurring views in any report, so the report should show who concurred with the Committee recommendation.

  • Including concurring views documents which members supported the recommendation and may include written statements of support.
  • The section requires inclusion of concurring views as well as dissenting views, abstentions, and absences.

Under 1912a.5, does the rule state whether abstentions count toward the majority needed to approve recommendations?

No. Under 1912a.5 the rule requires that abstentions be included in the report, but it does not say whether abstentions count for or against the majority needed to approve recommendations.

  • Because 1912a.5 is silent on the vote-counting effect of abstentions, the Committee’s bylaws or voting procedures would typically address that detail.
  • If clarity is needed, consult the Committee’s procedural rules or staff for how abstentions are treated in tallying approval.

Under 1912a.5, may a member submit an individual view about a matter that was only discussed but not acted on by the Committee?

Yes. Under 1912a.5 any member may submit individual views with respect to any matter which has been considered by the Committee, and that includes matters that were discussed or otherwise considered.

  • ‘‘Considered by the Committee’’ covers items brought before the Committee for discussion, whether or not a formal recommendation was issued.
  • Members should follow any Committee procedures for submitting and placing those individual views into the official record.

Under 1912a.5, does the section require that a majority be of the full Committee or only of those present?

Only of those present. Under 1912a.5 approval must be by a majority of all Committee members present, not necessarily a majority of the entire Committee membership.

  • This means the relevant majority calculation uses the number of members actually present at the time of the vote.
  • If a full-Committee majority is needed for a particular action, that requirement would have to appear in another rule or the Committee’s bylaws.