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OSHA 1960.36

General provisions for committees

Subpart F

18 Questions & Answers
10 Interpretations

Questions & Answers

Under 1960.36(a), what is the primary purpose of occupational safety and health committees?

The committees are primarily organized to monitor and assist an agency's safety and health program. Under 1960.36(a), committees keep an open channel of communication between employees and management, help employees use their knowledge of workplace operations to find safety improvements, and assist management in improving policies, conditions, and practices.

Under 1960.36(a), are safety and health committees meant to replace management's responsibility for workplace safety?

No — safety and health committees are meant to assist management, not replace it. 1960.36(a) states the committees "monitor and assist" an agency's program and provide a communication channel so employees can contribute their knowledge to improving safety and health policies and practices.

Under 1960.36(b), are agencies required to establish safety and health committees?

No — agencies may choose to establish committees but are not strictly required to do so. 1960.36(b) says agencies "may elect to establish safety and health committees meeting the minimum requirements contained in this subpart."

Under 1960.36(b), what happens if an agency does not establish a committee or the committee fails to meet minimum requirements?

The Secretary is authorized to conduct unannounced inspections when the Secretary determines they are necessary. 1960.36(b) explains that where committees are not established or do not meet the Secretary's minimum requirements, the Secretary (per Executive Order authority) may carry out unannounced inspections of agency workplaces.

Under 1960.36(a), how do committees help employees influence safety improvements?

Committees give employees a formal method to use their knowledge of workplace operations to help improve agency policies, conditions, and practices. 1960.36(a) explicitly states committees provide a method by which employees can utilize their operational knowledge to assist management in improving safety and health.

Under 1960.36, what does the phrase "minimum requirements contained in this subpart" refer to?

It refers to the specific criteria and duties for safety and health committees set out elsewhere in this subpart (Subpart F) of Part 1960. 1960.36(b) says agencies may elect to establish committees that meet those minimum requirements, so agencies should consult the full Subpart F text in Part 1960 for the complete list of required elements.

Under 1960.36(b), who decides whether an unannounced inspection is necessary when a committee is missing or inadequate?

The Secretary (or the Secretary's designee) decides whether an unannounced inspection is necessary. 1960.36(b) authorizes the Secretary to conduct such inspections when the Secretary determines they are necessary.

Under 1960.36(a), should committees focus only on policy-level issues or also on workplace conditions and practices?

Committees should address both policy-level matters and workplace conditions/practices. 1960.36(a) explains committees assist to improve policies, conditions, and practices, meaning their role covers management policies as well as on-the-ground work conditions and procedures.

Under 1960.36, can the absence of a committee affect how OSHA or agency programs are enforced?

Yes — absence of a committee (or one that fails to meet minimum requirements) can prompt unannounced inspections by the Secretary. 1960.36(b) gives the Secretary authority to inspect agency workplaces when committees are not established or are inadequate, which can lead to enforcement actions if hazards are found.

Under 1960.36(a), are committees intended to improve communication between employees and management about hazards?

Yes — improving communication about safety and health between employees and management is a core committee role. 1960.36(a) states committees "maintain an open channel of communication between employees and management concerning safety and health matters in agency workplaces."

Under 1960.36, does establishing a committee relieve an agency from other safety program obligations such as providing a workplace free from recognized hazards?

No — establishing a committee does not relieve the agency of its overall obligations to provide a safe workplace. Part 1960 requires agencies to operate comprehensive safety programs; for example, other provisions of Part 1960 and agency responsibilities remain in force even when committees exist (see Part 1960). Agencies must still meet their legal obligations to correct recognized hazards.

Under 1960.36(b), does the Secretary's authority to inspect depend on whether the agency has chosen an alternate standard under Part 1960?

No — the Secretary's inspection authority when committees are absent or inadequate is separate from procedures for alternate standards. 1960.36(b) authorizes unannounced inspections, while 29 CFR 1960 (and related guidance such as the Hexavalent chromium sampling methods interpretation) describe how agencies may request approval to apply alternate standards under other sections (for example, 1960.17).

Under 1960.36(a), can committee input be used to change agency safety procedures?

Yes — committee input is explicitly intended to help management improve policies, conditions, and practices. 1960.36(a) states committees provide a method by which employees can use their workplace knowledge to assist management in making improvements.

Under 1960.36, does OSHA coverage or inspection authority differ for military-only operations or uniquely military equipment?

Yes — OSHA coverage can differ for military-unique operations, and Executive Order limits coverage for certain military personnel and systems. The Oxygen-deficient atmospheres in HVAC interpretation explains that Executive Order 12196 and Part 1960 affect when OSHA standards apply to military operations and that OSHA retains jurisdiction over civilian employees and non-unique operations; consult Part 1960 and agency guidance to determine applicability.

Under 1960.36, if an agency thinks its internal program provides equivalent protection without a committee, does that prevent unannounced inspections?

Not necessarily — having an internal program may help, but the Secretary still has authority to inspect if committees are not established or do not meet the minimum requirements and the Secretary deems inspection necessary. 1960.36(b) grants that inspection authority; agencies seeking to rely on alternate approaches should follow Part 1960 procedures for alternate standards or approvals as applicable (see Part 1960).

Under 1960.36, are committees the only method for ensuring employee input on safety issues?

No — committees are one formal method to maintain employee-management communication, but agencies can use other reasonable methods to involve employees as long as they meet Part 1960 obligations. 1960.36(a) describes committees as providing a method for employee involvement, while Part 1960 contains broader program requirements agencies must meet.

Under 1960.36, who should an agency contact for guidance about meeting the subpart's minimum committee requirements?

An agency should consult the full text of Part 1960 and its Subpart F and can seek guidance from OSHA's Office of Federal Agency Programs or the regional OSHA office for clarification. See Part 1960 and 1960.36 for the regulatory basis and contact OSHA for interpretive assistance.

Under 1960.36, can committees help an agency meet other regulatory requirements like recordkeeping or hazard-specific programs?

Yes — committees can support compliance by monitoring and assisting agency programs, including recordkeeping and hazard-specific controls, but they do not replace the agency's duty to meet specific standards. 1960.36(a) sets the committee's assisting role, while other rules and enforcement guidance (for example, recordkeeping enforcement procedures discussed in the Recordkeeping interpretation) define the agency's specific obligations.