Committee organization requirements

Yes — an agency that elects to use the committee concept must form a national-level committee and local committees for any establishment or grouping to be exempt from unannounced OSHA inspections. Agencies that want the inspection exemption must both form a national committee and form committees at any establishment or grouping of establishments that will be exempt, and must keep the Secretary advised of the locations and activities where such committees are functioning (Requirement in 1960.37(a)).

The national committee’s principal function is to consult, provide policy advice on, and monitor the performance of the agency-wide safety and health program. In other words, the national committee advises on policy and tracks how well the agency’s safety and health program is working across the whole agency (Requirement in 1960.37(a)(1)).

Other committees must be established at agency establishments or groupings of establishments at appropriate levels consistent with the agency’s mission, size, organization, and collective bargaining configuration. That means agencies should set up local or regional committees where they make sense for the agency’s structure and labor relations (Requirement in 1960.37(a)(2)).

Yes — committees must have equal representation of management and nonmanagement employees. The rule requires parity so that management and nonmanagement employees are members of record with equal representation on the committee (Requirement in 1960.37(b)).

Management members must be appointed in writing by the person empowered to make such appointments. That means a named official with appointing authority must provide written appointments for management representatives on both national and establishment committees (Requirement in 1960.37(b)(1)).

Where employees are represented under collective bargaining arrangements, nonmanagement establishment-level committee members shall be appointed from among those recommended by the exclusive bargaining representative. In short, the exclusive bargaining rep recommends the nonmanagement members for the committee (Requirement in 1960.37(b)(2)(i)).

When employees are not represented under collective bargaining, the agency must use procedures it devises that provide effective representation of all employees. Agencies need to create and use a fair selection process that ensures nonmanagement members represent the workforce at that establishment (Requirement in 1960.37(b)(2)(ii)).

When an establishment has both union-represented and non-represented employees, committee membership must represent both groups. That means nonmanagement members should be selected so that both the collectively bargained employees and the non‑represented employees have representation on the committee (Requirement in 1960.37(b)(2)(iii)).

If employees are represented by organizations with exclusive agency-wide recognition or national consultation rights, some national nonmanagement members must be selected according to collective bargaining terms and some from organizations with consultation rights; if no such organizations meet those criteria, the agency must use procedures it designs to ensure effective representation of all employees. In other words, national committees must reflect collective bargaining and consultation arrangements where they exist, and otherwise follow agency procedures that fairly represent the workforce (Requirement in 1960.37(b)(3)(i) and 1960.37(b)(3)(ii)).

No — national committee nonmanagement selection requires that some members be chosen according to collective bargaining agreements and some be selected from organizations with consultation rights when those organizations exist; it does not require all seats to be filled by bargaining agreements. If those criteria do not apply, the agency must use its own procedures to ensure effective representation (Requirement in 1960.37(b)(3)(i)).

Committee members should serve overlapping terms of at least two years, except when the committee is initially organized. That means normal terms are two years or more with staggered start/end dates so membership overlaps, but shorter initial terms are allowed when setting up a new committee (Requirement in 1960.37(c)).

The committee chair must be nominated from among committee members and elected by those members, with management and nonmanagement members encouraged to alternate in the chair role and a maximum of two consecutive years as chair. So the committee itself chooses its chair, alternation between management and nonmanagement is recommended, and no one should serve more than two straight years as chair (Requirement in 1960.37(d)).

Committees must set a regular schedule of meetings; establishment‑level committees must meet at least quarterly and national committees must meet at least annually, with special meetings held as necessary. Agencies should document and follow a meeting schedule that meets these minimum frequencies (Requirement in 1960.37(e)).

Committees should be formed at the lowest practicable local level, and local (establishment) committees are principally responsible for monitoring and assisting in the execution of the agency’s safety and health policies and program for the workplaces in their jurisdiction. This means committees should be as close to the worksite as practical and should help carry out and oversee the agency’s safety program locally (Requirement in 1960.37(b)).

Yes — to realize exemption from unannounced OSHA inspections the agency must form the required national and establishment committees for the locations seeking exemption and keep the Secretary advised of the locations and activities where those committees are functioning. Notification to the Secretary is an explicit condition for the exemption (Requirement in 1960.37(a)).

Any dispute over the meaning of the term "appropriate levels" shall be resolved by the Secretary. If there is disagreement about what constitutes appropriate committee levels within an agency, the Secretary of Labor makes the final determination (Requirement in 1960.37(b)).

Yes — both management and nonmanagement members must be members of record, meaning committee membership should be formally recorded and official rather than informal or ad hoc. The rule requires documented membership and equal representation by management and nonmanagement employees (Requirement in 1960.37(b) and 1960.37(b)(1)).

Yes — where employees are not represented under collective bargaining, agencies may devise their own selection procedures for nonmanagement committee members so long as those procedures provide effective representation of all employees. Agencies must ensure the process is fair and provides real representation even though the specific method can be adapted to the agency’s circumstances (Requirement in 1960.37(b)(2)(ii)).

Alternating the chair between management and nonmanagement is a recommended practice (should), not a strict mandatory rule; the practical intent is to ensure balanced leadership and shared responsibility between management and employees, with the additional limit that chair service should not exceed two consecutive years (Requirement in 1960.37(d)).