Subpart F
The head of an agency must submit the committee’s existence, location, and coverage (in terms of establishments and population), and must certify that the committee meets this subpart’s requirements, including the name and telephone number of the committee chairperson. See 1960.38(a).
The head of each Federal agency is responsible for submitting the required information about the committee to the Secretary. See 1960.38(a) and the general 1960 part requirements.
The agency must update the Secretary annually as part of the annual report required by 1960.74 to reflect any changes in the committee’s existence, location, coverage, or chairperson contact information. See 1960.38(a).
You must list which workplaces (establishments) the committee covers and indicate the population of employees covered (for example, by department, site, or total employee count) so the Secretary can tell how broadly the committee’s jurisdiction reaches. The requirement is described in 1960.38(a).
The agency must include the name and telephone number of the chairperson of each committee when submitting information to the Secretary. See 1960.38(a).
If the Secretary determines the committee’s operations do not meet the subpart’s requirements, the Secretary will notify the agency and identify the specific deficiencies that must be remedied. See 1960.38(b).
The agency has 90 days from the Secretary’s notification to satisfy the Secretary that the committee meets the subpart’s requirements; otherwise the committee will not be deemed a committee under Executive Order 12196 and Part 1960. See 1960.38(b).
If the committee is not deemed a committee under Executive Order 12196 and Part 1960, it loses official recognition under those authorities and the agency cannot claim the committee satisfies the program elements in this part until the deficiencies are corrected. See 1960.38(b) and the broader 1960 part requirements. The Secretary’s authority under the part and related interpretations (see also OSHA interpretation discussing Executive Order 12196) may inform how recognition and coverage are applied (OSHA interpretation on Executive Order 12196 and Part 1960).
The agency should promptly review the Secretary’s identified deficiencies, implement corrective actions to bring the committee into compliance, document those actions, and provide evidence to the Secretary within the 90‑day period that the committee meets the subpart’s requirements. See 1960.38(b).
Yes — when reporting the formation of a committee the head of the agency must certify to the Secretary that the committee meets the requirements of Subpart F. See 1960.38(a).
An agency should describe the committee’s coverage by listing the establishments (sites) included and specifying the employee population covered (for example by site or total headcount), so the Secretary can assess scope and coverage. This reporting instruction is required by 1960.38(a).
No — the regulation requires submission “upon forming such committees,” and then annual updates are made as part of the 1960.74 annual report; do not wait until the annual report to make the initial submission. See 1960.38(a).