OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 1912a.9

Committee assistance provisions

13 Questions & Answers

Questions & Answers

Under 1912a.9(a), can the National Advisory Committee request experts or consultants to help at a meeting?

Yes. Under 1912a.9(a), the Assistant Secretary of Labor for Occupational Safety and Health may make available any needed experts or consultants at the request of the Committee or the person calling a meeting. This means the Committee or the meeting convener can ask OSHA to provide expertise to support the Committee’s work.

Under 1912a.9(a), may an expert or consultant take part in the Committee’s deliberations?

Yes, but only with the Committee’s agreement. 1912a.9(a) says any expert or consultant made available by the Assistant Secretary may participate in the Committee’s deliberations "with the consent of the Committee." In practice, the Committee decides whether to allow that person to join discussions.

Under 1912a.9(a), who may request that experts or consultants be made available to the Committee?

The Committee itself or the person calling the meeting may request them. 1912a.9(a) explicitly states the Assistant Secretary may make experts or consultants available "at the request of the Committee or the person calling a meeting."

Under 1912a.9(b), who provides the Committee’s executive secretary and support staff?

OSHA provides them. 1912a.9(b) states the Assistant Secretary shall furnish the Committee an executive secretary and such secretarial, clerical, and other services as are deemed necessary to conduct its business.

Under 1912a.9(b), what kinds of services must the Assistant Secretary furnish to the Committee?

The Assistant Secretary must furnish an executive secretary and whatever secretarial, clerical, and other services are necessary. 1912a.9(b) uses broad language—"such secretarial, clerical, and other services as are deemed necessary"—so support can include administrative staffing, recordkeeping, meeting logistics, and similar services needed for the Committee to operate.

Under 1912a.9(c), who provides legal assistance to the Committee?

The Solicitor of Labor provides legal assistance. 1912a.9(c) directs that the Solicitor of Labor shall provide such legal assistance as may be necessary or appropriate for the Committee to carry out its functions under the part.

Under 1912a.9(c), how broad is the legal help the Committee can expect from the Solicitor of Labor?

The legal help is limited to what is necessary or appropriate for the Committee to carry out its functions. 1912a.9(c) states the Solicitor shall provide "such legal assistance as may be necessary or appropriate," which means assistance should directly support the Committee’s duties and compliance with this part.

Under 1912a.9(a), does the statute say whether consultants must be government employees?

No, the statute does not require that experts or consultants be government employees. 1912a.9(a) simply authorizes the Assistant Secretary to make "any needed experts or consultants" available, without specifying their employment status.

Under 1912a.9(a), can the Committee refuse to allow an available expert or consultant to participate?

Yes. Participation by an expert or consultant requires the Committee’s consent. 1912a.9(a) makes clear that any expert or consultant "may participate in the deliberations of the Committee with the consent of the Committee," meaning the Committee can decline participation.

Under 1912a.9, does providing experts or consultants automatically give them voting rights on the Committee?

No, the provision does not grant voting rights. 1912a.9(a) only authorizes participation in deliberations with the Committee’s consent; it does not confer membership or voting authority. Whether a participant can vote would be determined by the Committee’s governing rules or charter, not by this provision.

Under 1912a.9, does the regulation specify how to request experts or support services from the Assistant Secretary?

No, the regulation does not prescribe a formal request process. 1912a.9(a) and 1912a.9(b) state that the Assistant Secretary may provide experts or furnish necessary services at the Committee’s request, but the text does not define the procedural steps for making such a request.

Under 1912a.9, does the text say whether the Assistant Secretary must provide support even if budget or resource limits exist?

No, the text does not address budget or resource limits. 1912a.9(b) requires the Assistant Secretary to furnish necessary services, but it does not specify funding constraints or exceptions—those practical limits would be handled by agency policies and resource allocation procedures outside this provision.

Under 1912a.9, what does "the person calling a meeting" mean for requesting experts under 1912a.9(a)?

It means whoever convenes the Committee meeting can request experts. 1912a.9(a) states experts or consultants may be made available "at the request of the Committee or the person calling a meeting," so the meeting convener—such as the Committee chair or designated organizer—has authority to ask the Assistant Secretary for assistance.