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OSHA 1922.3

Board composition requirements

14 Questions & Answers

Questions & Answers

Under 1922.3, how many members must the Board be composed of?

The Board must be composed of three members. The regulation plainly states the Board “shall be composed of three members,” so the Board should have exactly three appointed members under 1922.3.

Under 1922.3, who appoints the members of the Board?

The Assistant Secretary appoints the members of the Board. The text requires that the three members be "appointed by the Assistant Secretary," so appointments are made by that official under 1922.3.

Under 1922.3, must one member be designated as Chairman?

Yes—one of the three members must be designated as Chairman. The rule specifies that one of the appointed members "shall be designated as Chairman," so the Board must include a designated Chairman under 1922.3.

Under 1922.3, do Board members have to be employees of the U.S. Department of Labor?

Yes—every Board member must be an employee of the United States Department of Labor. The regulation explicitly states that "All members shall be employees of the United States Department of Labor," so external hires or nonfederal staff do not meet that requirement under 1922.3.

Under 1922.3, what kind of experience must Board members have?

All Board members must have experience in the field of maritime safety. The rule requires that each member "shall have experience in the field of maritime safety," so maritime safety experience is a mandatory qualification under 1922.3.

Under 1922.3, can a contractor or consultant serve as a Board member?

No—a contractor or consultant cannot serve as a Board member unless they are an employee of the Department of Labor. The standard requires that "All members shall be employees of the United States Department of Labor," so independent contractors or outside consultants would not qualify under 1922.3.

Under 1922.3, can state or local government employees serve as Board members?

No—state or local government employees cannot serve as Board members unless they are employees of the U.S. Department of Labor. The regulation requires membership to consist of "employees of the United States Department of Labor," so employees of state or local governments do not meet that requirement under 1922.3.

Under 1922.3, must the Chairman also meet the employment and experience requirements?

Yes—the Chairman must meet the same employment and experience requirements because the Chairman is one of the three members. Since the Chairman is chosen from the three appointed members and the rule states "All members shall be employees of the United States Department of Labor" and "shall have experience in the field of maritime safety," the Chairman must also be a Department of Labor employee with maritime safety experience under 1922.3.

Under 1922.3, does the standard allow fewer than three members to serve temporarily?

No—the standard specifies the Board "shall be composed of three members," and it does not provide for a reduced number. The regulation sets three members as the required composition under 1922.3.

Under 1922.3, does the standard limit which parts of the Department of Labor members must come from?

No—the standard does not limit which Department of Labor component members must come from. The regulation only requires that "All members shall be employees of the United States Department of Labor" and have maritime safety experience, but it does not specify particular bureaus or offices within the Department under 1922.3.

Under 1922.3, are there any other qualifications listed for Board members besides Department of Labor employment and maritime safety experience?

No—the regulation lists only employment by the Department of Labor and maritime safety experience as member qualifications. The text states those two requirements and does not specify additional qualifications under 1922.3.

Under 1922.3, can a nonmaritime safety specialist from the Department of Labor be appointed if they lack maritime safety experience?

No—appointments must be individuals who have maritime safety experience. The regulation requires that "All members... shall have experience in the field of maritime safety," so a Department of Labor employee without that experience would not meet the requirement under 1922.3.

Under 1922.3, does the standard specify how the Assistant Secretary should select which Department of Labor employees to appoint?

No—the standard does not prescribe the Assistant Secretary’s selection process beyond the appointment authority and required qualifications. It states that members are "appointed by the Assistant Secretary" and sets the employee and maritime safety experience requirements, but it does not detail selection procedures under 1922.3.

Under 1922.3, is there any requirement about the balance of expertise among the three members (for example accident investigation, regulatory experience, engineering)?

No—the regulation requires only that each member have experience in the field of maritime safety and does not mandate specific sub‑specialties or a balance of expertise. The text simply states that "All members shall... have experience in the field of maritime safety," without further breakdown under 1922.3.