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OSHA 1960.39

Agency committee responsibilities

Subpart F

22 Questions & Answers
10 Interpretations

Questions & Answers

Under 1960.39(a), what agency information must be made available to occupational safety and health committees?

Agencies must provide to committees all agency information that is relevant and necessary for the committee to carry out its duties, except where prohibited by law. Under 1960.39(a), examples explicitly include the agency's safety and health policies and program; human and financial resources available to implement the program; accident, injury, and illness data; epidemiological data; employee exposure monitoring data; Material Safety Data Sheets (SDS/MSDS); inspection reports; reprisal investigation reports; abatement plans; NIOSH hazard evaluation reports; and internal and external evaluation reports.

  • Provide documents in a usable form (summaries, spreadsheets, full reports) so the committee can review and act.
  • If a particular item is withheld, the agency must cite the legal basis for the restriction (see the "except where prohibited by law" language in 1960.39(a)).

Under 1960.39(a), can an agency refuse to share committee-requested information because of privacy or law?

Yes — agencies may withhold information only if disclosure is prohibited by law. The text of 1960.39(a) specifically allows withholding information when disclosure is prohibited by law.

  • Common reasons for withholding include employee medical privacy, personnel records protected by statute, or classified information subject to national security restrictions.
  • When information is withheld, agencies should identify the legal basis for the restriction and, where possible, provide redacted summaries or sanitized data that still allow the committee to perform its review.
  • For guidance on balancing recordkeeping and privacy with employee involvement, see OSHA's recordkeeping and employee-reporting enforcement guidance in the Recordkeeping enforcement procedures memorandum.

Under 1960.39(b), who must receive training and what training must agencies provide to committee members?

All committee members must receive appropriate training as required by subpart H of Part 1960. 1960.39(b) requires agencies to provide training to all committee members that is appropriate and consistent with the training topics and objectives in subpart H of 29 CFR Part 1960.

  • "Appropriate training" typically includes orientation on the agency safety and health program, hazard recognition, accident investigation basics, record review, and committee roles and responsibilities.
  • Training should be timely (e.g., upon appointment) and refreshed as needed to keep members effective.
  • If the committee will review specialized topics (e.g., asbestos, respiratory protection), training should cover those specific standards — see OSHA interpretations on training needs for specific programs such as Asbestos awareness training requirements for practical detail on content for certain hazards.

Under 1960.39(a), does "employee exposure monitoring data" include raw sampling results or only summaries?

Under 1960.39(a), "employee exposure monitoring data" includes the monitoring information necessary for committees to perform their duties, which can include raw sampling results as well as summaries and analyses.

  • Committees should be given whichever form of data allows them to evaluate exposures and recommend controls — raw data for technical review and summaries for trend analysis.
  • If technical expertise is needed to interpret raw data, the agency should provide subject matter experts or explanatory documentation.
  • For technical monitoring method acceptability (what data are valid for compliance purposes), see the interpretation on acceptable sampling methods for chromium monitoring at Hexavalent chromium sampling methods, which explains agencies may use monitoring methods that meet OSHA performance criteria.

Under 1960.39(a), can safety committees access Material Safety Data Sheets (MSDS/SDS) for hazardous chemicals?

Yes — committees must be given access to Material Safety Data Sheets (MSDS) or Safety Data Sheets (SDS) when those documents are relevant to the committee's duties. 1960.39(a) specifically lists MSDS/SDS as an example of information agencies should make available.

  • SDSs help committees evaluate chemical hazards, controls, and training needs.
  • If SDSs contain sensitive supplier information that an agency views as proprietary, the agency should still provide the hazard-related sections or a non-proprietary summary sufficient for safety planning.

Under 1960.39(a), are agencies required to provide committees with accident, injury, and illness data broken down by department or job classification?

Yes — agencies must make available accident, injury, and illness data relevant and necessary for the committee to do its work, and that typically includes breakdowns by department, location, or job classification when needed for meaningful committee review. 1960.39(a) lists accident, injury, and illness data as the type of information to provide.

  • Committees need sufficient detail (e.g., by department or job title) to identify trends and prioritize prevention efforts.
  • If the agency must protect personally identifiable information, it should provide de-identified or aggregated data that still allow trend analysis (see the "except where prohibited by law" clause in 1960.39(a) and related recordkeeping privacy guidance in Recordkeeping enforcement procedures).

Under 1960.39(a), can committees review reprisal investigation reports involving employee complaints?

Yes — 1960.39(a) lists reprisal investigation reports as information agencies should make available to committees when relevant and necessary. Committees may review these reports to evaluate whether workplace safety complaints were handled appropriately.

  • When reprisal or disciplinary matters contain confidential personnel information, agencies should provide redacted copies or summaries that preserve privacy but allow the committee to assess systemic safety concerns.
  • For guidance on enforcement and anti-retaliation protections related to reporting injuries or illnesses, see OSHA's Recordkeeping enforcement procedures, which addresses protections for employees who report work-related injuries and illnesses.

Under 1960.39(a), must agencies give committees access to inspection reports and abatement plans?

Yes — agencies must provide inspection reports and abatement plans when they are relevant and necessary to the committee's duties. 1960.39(a) explicitly lists inspection reports and abatement plans among the types of information to be made available.

  • Access lets committees verify that hazards identified during inspections are being tracked and corrected.
  • If abatement plans contain sensitive scheduling or procurement details, agencies can provide redacted versions or briefings that allow committee oversight without exposing sensitive operational details.

Under 1960.39(a), are agencies required to share NIOSH hazard evaluation reports with their safety committees?

Yes — agencies should provide NIOSH hazard evaluation reports to committees when those reports are relevant and necessary to the committee's duties. 1960.39(a) specifically lists NIOSH hazard evaluation reports as an example of the information to make available.

  • NIOSH reports often contain technical findings and recommended controls that committees can use to improve workplace safety.
  • If portions of a NIOSH report are sensitive, agencies should provide the hazard findings and recommendations at a minimum.

Under 1960.39, must committees be told about the human and financial resources available to implement the safety program?

Yes — 1960.39(a) requires agencies to make available information about the human and financial resources available to implement the safety and health program when that information is relevant and necessary to committee duties.

  • Committees need resource information to make realistic recommendations and to prioritize actions based on what the agency can fund or staff.
  • Agencies can provide budget summaries, staffing charts, or descriptions of funding processes rather than detailed financial data if some details are sensitive, while still giving the committee a clear picture of capacity.

Under 1960.39, does the agency have to provide committees with internal and external evaluation reports of the safety program?

Yes — 1960.39(a) explicitly includes internal and external evaluation reports among the types of information that should be made available to committees.

  • These evaluation reports help committees assess program effectiveness, identify gaps, and recommend improvements.
  • If portions of an evaluation report are confidential (e.g., personnel evaluations), agencies should provide the committee with the findings and recommendations necessary for program oversight.

Under 1960.39, do contractor employees who serve on a safety committee get the same access to information and training as agency employees?

Yes — 1960.39(b) requires that agencies provide appropriate training to all committee members, and 1960.39(a) requires making relevant information available to committees; therefore contractor members should receive the information and training necessary to perform committee duties, unless a legal restriction applies.

  • Agencies should include contractor committee members in training sessions and provide access to the same safety data and reports, subject to any confidentiality constraints.
  • If security or contract provisions limit access to certain information, agencies should document the limitation and provide alternate means for the contractor member to participate effectively (e.g., redacted summaries).

Under 1960.39(a), if a committee requests classified information needed to address a safety hazard, how should the agency respond?

The agency should provide the committee with the information necessary for its safety function to the extent permitted by law and classification rules; if classification prevents full disclosure, the agency should provide a cleared representative or redacted/sanitized information so the committee can address the hazard. 1960.39(a) allows withholding only where prohibited by law.

  • Use cleared personnel briefings, sanitized summaries, or designated cleared committee members to allow review without violating classification rules.
  • Document the legal basis for any nondisclosure and provide alternative means of committee participation where possible.

Under 1960.39, what should an agency do if it refuses a committee's request for information?

If an agency refuses to provide requested information, it should document the legal basis for the refusal and, where possible, offer redacted summaries or alternative ways for the committee to review the substance of the information. 1960.39(a) permits withholding only when disclosure is prohibited by law.

  • Provide a written explanation citing the specific statute, regulation, or security rule that prevents disclosure.
  • Offer sanitized data, redacted reports, or briefings by cleared officials so the committee can still assess the safety issues.
  • If the committee believes the refusal is improper, members can escalate the matter within agency management or consult the agency's designated safety official per 1960 procedures.

Under 1960.39(b), how often should committee members receive refresher training?

Committee members should receive refresher training as needed to maintain their ability to carry out committee duties; 1960.39(b) requires agencies to provide appropriate training consistent with subpart H, which implies periodic refreshers when responsibilities, hazards, or programs change.

  • At minimum, provide refresher training when a committee member is appointed, when new hazards or standards are introduced, or after major incidents that change duties.
  • Agencies should establish a schedule for refresher training (e.g., annually or biennially) based on the complexity of the workplace hazards and committee responsibilities.
  • For topic-specific training frequency (e.g., asbestos awareness), follow the relevant OSHA standard and accompanying interpretations such as Asbestos awareness training requirements.

Under 1960.39(a), can committees request the agency's safety and health policies and program documents?

Yes — committees must be provided the agency's safety and health policies and program documents when those items are relevant and necessary to the committee's work. 1960.39(a) explicitly lists the agency's safety and health policies and program among required information.

  • Providing these documents helps committees understand program scope, responsibilities, and authorities.
  • Agencies should give current policy documents, written procedures, and program descriptions; if parts are legally sensitive, provide redacted versions or briefings as appropriate.

Under 1960.39, can safety committee members attend portions of safety inspections or audits to review findings in person?

Yes — when attendance is necessary and relevant to committee duties, agencies should enable committee members to observe or review inspection and audit findings; 1960.39(a) requires making inspection reports and related information available to committees.

  • Agencies may arrange for committee participation in inspections or provide post-inspection briefings and copies of reports.
  • For sensitive inspections (e.g., classified areas or where privacy concerns exist), agencies can provide sanitized briefings or designated liaisons to present findings to the committee.

Under 1960.39(a), are committees entitled to see abatement schedules and status updates for hazards they identify?

Yes — committees should be given abatement plans and status updates when those are relevant to their duties, because 1960.39(a) specifically lists abatement plans as information that agencies must make available.

  • Providing schedules and progress reports lets committees track whether recommended controls are implemented and timely.
  • If elements of an abatement plan involve sensitive procurement or security information, provide a version that shows tasks, timelines, and responsible parties without divulging restricted details.

Under 1960.39, is there a difference between committee access to information for federal employees and coverage for military personnel?

Yes — access under 1960.39 applies to agency safety committees for covered federal employees, but OSHA's jurisdiction does not extend to military personnel and uniquely military operations; see relevant OSHA interpretations for the coverage distinction. Executive Order 12196 and Part 1960 establish federal agency responsibilities for civilian federal employees, whereas the OSHA interpretation regarding military facilities explains that military personnel and uniquely military systems are excluded from OSHA coverage.

  • For civilian federal employees, agencies must follow Part 1960 committee information and training requirements.
  • For military workplaces, civilian employees and contractor employees working on non-unique military systems may still be covered; see the OSHA interpretation on Oxygen-deficient atmospheres in HVAC which explains the limits of OSHA coverage in military contexts.

Under 1960.39, can committees request assistance from subject matter experts to interpret technical reports provided by the agency?

Yes — committees should have access to subject matter experts or explanatory information when technical reports are provided, because 1960.39(a) requires agencies to make available information necessary for committees to perform their duties, which includes ensuring they can understand technical material.

  • Agencies should provide technical briefings, SME attendance at meetings, or written explanations accompanying highly technical data (e.g., exposure monitoring or epidemiological reports).
  • If the agency cannot provide an SME, it should identify who can interpret the data or supply training to enable committee review.

Under 1960.39, can a committee review the agency's budget information tied specifically to safety program implementation?

Yes — committees should have access to human and financial resource information necessary to assess and recommend improvements to the safety program, and that includes budget information related to program implementation where relevant. 1960.39(a) explicitly lists human and financial resources as information to be made available.

  • High-level budget summaries, funding allocations for abatement, training, and protective equipment help committees make realistic recommendations.
  • If specific budget details are legally or operationally sensitive, agencies should provide sufficient summarized information so committees can evaluate resource adequacy.

Under 1960.39, do agencies have to provide committee members the same training required for frontline employees (for example, asbestos or hearing protection training) if the committee will be assessing those programs?

If committee members will be reviewing or advising on a specific program, agencies should provide them training equivalent to that needed to understand and evaluate the program; 1960.39(b) requires appropriate training as specified in subpart H. For specialized topics, the committee's training should cover the same core content needed to perform meaningful oversight.

  • Example: If the committee is assessing an asbestos program, members should receive asbestos awareness or program-level training consistent with 29 CFR 1910.1001 requirements — see OSHA's interpretation on Asbestos awareness training requirements for content guidance.
  • Agencies may provide abbreviated orientations for committee oversight members but must ensure the training is sufficient for them to understand hazards, controls, and compliance obligations.