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OSHA 1912a.6

Committee quorum requirements

12 Questions & Answers

Questions & Answers

Under 1912a.6(a), what constitutes a quorum for the Committee?

A majority of the members of the Committee—meaning more than half of the Committee's members—constitutes a quorum. This is stated plainly in 1912a.6(a).

  • A quorum requires a numerical majority, not a percentage less than 50%.
  • The standard itself gives the rule but does not elaborate on special counting rules for vacancies or alternates; see 1912a.6 for the exact text.

Under 1912a.6(a), how do I calculate a 'majority' if the Committee has an even number of appointed members?

A majority means more than half of the Committee's members, so when the Committee has an even number of members you need one more than half to reach a quorum. The rule is set by 1912a.6(a).

  • Example: if there are 10 appointed members, a quorum requires at least 6 members present.
  • The regulation states only the majority requirement and does not provide rounding rules beyond the plain meaning in 1912a.6(a).

Under 1912a.6(a), do vacancies reduce the number of members needed for a quorum?

The standard says a quorum is a majority of the members of the Committee, but it does not explicitly explain how vacancies affect that count. See 1912a.6(a) for the governing language.

  • Common practice is to count the current, appointed membership when determining a majority, but the regulation itself does not define procedures for vacancies.
  • If you need a binding interpretation for a specific vacancy situation, consider requesting formal guidance from OSHA or the Committee's legal advisor, citing 1912a.6(a).

Under 1912a.6(b), who may preside at Committee meetings during a short absence of the Chairman?

If the Chairman is absent for a brief duration, the Committee may designate a public member to preside at the meeting. That authority is provided by 1912a.6(b).

  • The statute uses the term "public member," so the person designated should be a public member of the Committee.
  • The Committee has discretion in brief absences to make this internal designation under 1912a.6(b).

Under 1912a.6(b), what happens if the Chairman is absent for an extended period?

If the Chairman is absent for an extended period, the Secretary of Labor or the Secretary's delegate shall appoint a public member to preside. This requirement is specified in 1912a.6(b).

  • The appointment authority rests with the Secretary of Labor or an official the Secretary designates.
  • The person appointed for extended absences must be a public member, per 1912a.6(b).

Under 1912a.6(b), can the Committee appoint a non-public member to preside during the Chairman's brief absence?

No; under 1912a.6(b) the Committee may designate a public member to preside during a brief absence of the Chairman, so the text specifies a public member rather than a non-public member. See 1912a.6(b).

  • The regulation uses the term "public member," indicating the presiding designee in a brief absence should be a public member of the Committee.
  • If there is uncertainty about who qualifies as a "public member" in a particular case, seek internal counsel or OSHA guidance referencing 1912a.6(b).

Under 1912a.6, does the person presiding in the Chairman's absence count toward the quorum?

Yes; the presiding member counts toward the quorum as long as that person is a Committee member and present at the meeting. The quorum rule is a majority of the members in 1912a.6(a), and the presiding rule for absences is in 1912a.6(b).

  • A presiding public member designated under 1912a.6(b) is a member of the Committee and therefore is included when counting members present toward a quorum under 1912a.6(a).
  • The regulation does not distinguish between the Chairman and other members for quorum-counting purposes; it simply states the majority rule in 1912a.6(a).

Under 1912a.6, if a meeting begins without a quorum, can the Committee take official actions that require a quorum?

The regulation requires a majority of the members to constitute a quorum, so the Committee should not take official actions that require a quorum unless a majority is present, per 1912a.6(a).

  • Routine discussion without formal action may proceed, but official decisions that require a quorum should be deferred until a majority is present.
  • The statute itself states the quorum requirement but does not list specific consequences; follow internal rules and 1912a.6(a) when determining whether an action is proper without a quorum.

Under 1912a.6, does the Secretary of Labor have to personally appoint a presiding public member during the Chairman's extended absence?

No; 1912a.6(b) allows the Secretary of Labor to appoint a public member or to have a delegate appoint one—so the Secretary need not make the appointment personally if a delegate is authorized.

  • The regulation explicitly states "the Secretary of Labor or his delegate shall appoint a public member to preside," indicating delegated authority is permitted under 1912a.6(b).
  • Document any delegate appointment per your organization’s administrative practices and 1912a.6(b).

Under 1912a.6, does the regulation define what counts as a 'brief' versus an 'extended' absence of the Chairman?

No; 1912a.6(b) does not define the terms "brief" or "extended," it only sets different procedures depending on whether the absence is brief or extended.

  • Because the regulation does not define those timeframes, the Committee should adopt or consult internal bylaws or legal counsel to set practical definitions for "brief" and "extended" absences consistent with 1912a.6(b).
  • If a dispute arises about the classification of an absence, rely on documented policy and reasonable practice referencing 1912a.6(b).

Under 1912a.6, can the Secretary's appointed public member during an extended Chairman absence be someone not already on the Committee?

The text of 1912a.6(b) states the Secretary or delegate "shall appoint a public member to preside," but it does not specify whether that person must already be a member of the Committee; the regulation does not further define the pool of eligible appointees.

  • Because the regulation does not clarify eligibility beyond "public member," consult the Committee's charter or legal counsel to determine whether the appointed presiding officer must already be a Committee member.
  • For the governing language, see 1912a.6(b).

Under 1912a.6, where can I read the exact quorum and presiding rules for the Committee?

You can read the exact text of the quorum and presiding rules in 1912a.6, which states both the majority-quorum rule and the rules for presiding during the Chairman's absence.

  • The regulation contains two subsections: (a) the quorum rule and (b) presiding rules for brief and extended absences; see 1912a.6 for the full wording.
  • For related material about the Committee and its part number, you can also consult Part 1912.