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OSHA 1960.40

Establishment committee duties

Subpart F

20 Questions & Answers
10 Interpretations

Questions & Answers

Under 1960.40(a), what is the main purpose of an establishment safety and health committee?

The committee's purpose is to be an integral part of the safety and health program and help ensure the program is effectively implemented at the establishment level. The committee should act as a local, ongoing forum to identify hazards, monitor program activities, and make recommendations to improve safety and health in the workplace. See 1960.40(a) and the general Part 1960 overview for the regulatory basis.

Under 1960.40(b)(1), what specific actions should a committee take to “monitor and assist the safety and health program” and how should it report recommendations?

The committee should actively track program activities, review training, inspections, and incident trends, and provide written recommendations to the official in charge when it identifies improvements. Practical actions include reviewing program goals, tracking corrective-action completion, evaluating training effectiveness, and proposing procedural changes; recommendations should be documented and forwarded to the establishment official for action and follow-up. See 1960.40(b)(1) and the general Part 1960 overview.

Under 1960.40(b)(2), what role does the committee have regarding workplace inspection findings and corrective actions?

The committee must monitor inspection findings and confirm that appropriate corrective measures are implemented. That means reviewing inspection reports, tracking corrective-action plans and completion dates, and following up until hazards are abated or otherwise addressed. Use documented tracking (e.g., action logs) and request updates from supervisors when abatement is delayed. See 1960.40(b)(2).

Under 1960.40(b)(3), when can an establishment committee participate in inspections of the establishment?

The committee may participate in inspections when asked by the agency Safety and Health Official or when the committee decides participation is necessary for effective monitoring. Participation can be initiated either at the request of the agency official or by a committee vote when the committee believes an inspection will help evaluate compliance or corrective progress. See 1960.40(b)(3). Note that coverage and participation rights can be affected by other legal limits (for example, certain military-unique activities are outside OSHA jurisdiction) as discussed in OSHA's interpretation on Oxygen-deficient atmospheres in HVAC.

Under 1960.40(b)(4), what should a committee look for when reviewing internal and external evaluation reports?

The committee should identify program deficiencies, recurring hazards, incomplete corrective actions, training gaps, and resource shortfalls, and then make clear, prioritized recommendations to address them. Focus on trends, root causes, timeliness of corrective actions, and whether recommended controls were effective. See 1960.40(b)(4).

Under 1960.40(b)(5), how should a committee handle safety and health suggestions from employees?

The committee should review employee suggestions, recommend changes when appropriate, and help ensure the agency has a clear procedure for handling suggestions. Practical steps include logging suggestions, assigning responsible parties, setting response timelines, and communicating outcomes back to employees. See 1960.40(b)(5).

Under 1960.40(b)(6), when may an establishment committee comment on proposed agency standards, and who may request those comments?

The committee may comment on proposed standards when requested by the Designated Agency Safety and Health Official or when the committee believes comment is necessary. If asked, the committee should review proposed language and provide practical workplace-focused feedback to the agency official charged with the rulemaking process. See 1960.40(b)(6).

Under 1960.40(b)(7), what can committees do to monitor and recommend changes to the resources allocated to the safety and health program?

Committees can review budgets, equipment inventories, staffing for safety tasks, training hours, and contracting expenditures, then recommend reallocations or increases when resources are insufficient to control hazards. Use specific metrics (e.g., training hours per employee, open corrective actions, PPE stock levels) to document needs and provide costed recommendations to the official in charge. See 1960.40(b)(7).

Under 1960.40(b)(8), what should a committee review about agency responses to reports of hazardous conditions, program deficiencies, and allegations of reprisal?

The committee should review whether reported hazards were investigated timely, whether corrective actions were appropriate and completed, and whether reprisal allegations were handled fairly and according to policy. The committee should document any concerns and recommend further action if responses are inadequate. See 1960.40(b)(8). For details about employer obligations and anti-retaliation enforcement procedures, see OSHA's memorandum on Recordkeeping enforcement procedures.

Under 1960.40(b)(9), what threshold and actions are required if a committee is dissatisfied with an establishment's safety and health program?

If one-half of the committee determines there are program deficiencies or is not satisfied with the agency’s reprisal investigation reports, the committee must report its dissatisfaction to the Secretary. That reporting requires a formal determination by half the committee members of record and should document the specific deficiencies and the agency responses that were found unsatisfactory. See 1960.40(b)(9).

Under 1960.40(b)(10), how can a committee request the Secretary to conduct an evaluation or inspection?

If one-half of the committee members of record are not satisfied with the agency's response to a report of hazardous working conditions, the committee may request the Secretary to conduct an evaluation or inspection. The committee should document the hazards, the agency responses, and the committee vote, then forward a formal request to the Secretary for review. See 1960.40(b)(10).

Under 1960.40(b)(2) and (3), can committee members access inspection reports and corrective action records to perform their duties?

Yes — committee members should monitor inspection findings and may participate in inspections when authorized, which implies they should have access to inspection reports and corrective-action records needed to confirm abatement. If access is limited, the committee should request the necessary records from the official in charge to perform effective monitoring. See 1960.40(b)(2) and 1960.40(b)(3).

Under 1960.40(b)(8), are committee members protected from reprisal when they raise safety concerns or review reprisal investigations?

Committee members have the right to participate in committee activities, and agencies must not retaliate for good-faith reports of hazards; the committee is entitled to review agency responses to reprisal allegations. If a committee member believes they experienced retaliation, the matter may be handled under applicable anti-retaliation procedures; see 1960.40(b)(8) and OSHA's Recordkeeping enforcement procedures discussing protections for employees who report work-related injuries or concerns.

Under Part 1960, does the standard define who may serve on an establishment safety and health committee?

Part 1960 does not prescribe specific membership composition for every establishment committee; agencies form committees under the subpart and set membership rules appropriate to their workplaces. Therefore, agencies should establish committee membership (including management and employee representation) in writing consistent with Part 1960 and the duties listed in 1960.40.

Under 1960.40(b)(1) and (b)(9)-(b)(10), does an establishment committee have the authority to force the agency to implement its recommendations?

No — the committee's role is advisory: it makes recommendations to the official in charge but does not have unilateral authority to force implementation; however, if one-half of the committee determines the program is deficient or is unsatisfied with agency responses, it may report to the Secretary or request a Secretary evaluation or inspection under 1960.40(b)(9) and 1960.40(b)(10), providing an escalation path when recommendations are not acted upon.

Under 1960.40(b)(8), can an establishment committee investigate reprisal allegations itself or only review agency responses?

The committee's specified duty is to review agency responses to allegations of reprisal, not to serve as the formal investigator; it should evaluate whether the agency's investigation and findings were adequate and recommend further action if necessary. Actual investigative responsibilities and administrative appeals (including referrals to the Whistleblower Protection Program) follow agency procedures and enforcement policies such as OSHA's Recordkeeping enforcement procedures. See 1960.40(b)(8).

Under 1960.40, what does the phrase “except where prohibited by law” mean for committee activities?

The phrase means that committee duties apply unless a particular law prevents committee involvement in a specific activity; for example, certain military-unique personnel, equipment, or operations are excluded from OSHA coverage under Executive Order 12196, so committee jurisdiction may be limited in those contexts. See 1960.40(b) and OSHA's interpretation on Oxygen-deficient atmospheres in HVAC which discusses limits on OSHA coverage for military-unique systems and personnel.

Under 1960.40, how frequently must a committee monitor the establishment safety and health program?

Part 1960 does not prescribe a specific monitoring frequency; the committee should establish regular monitoring intervals (for example, monthly or quarterly) and conduct additional monitoring after incidents, inspections, or when new hazards are identified to ensure effective implementation. See 1960.40(a) and Part 1960 overview.

Under 1960.40(b)(6), what should a committee include when commenting on proposed standards under subpart C?

When commenting, the committee should include clear, workplace-focused feedback such as practical implementation concerns, potential impacts on operations, suggested clarifications, and resource implications to help the agency craft workable rules. Comments should be submitted when requested by the Designated Agency Safety and Health Official or when the committee deems it necessary. See 1960.40(b)(6).

Under 1960.40(b)(10), if a committee requests a Secretary evaluation and the Secretary inspects, what should the committee prepare to support that request?

The committee should prepare documented evidence of the hazardous condition(s), copies of agency reports and responses, the committee's documented recommendation(s), and a record of the committee vote showing that one-half of members of record are not satisfied. These materials will help the Secretary evaluate whether an independent inspection or evaluation is warranted. See 1960.40(b)(10).