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OSHA 1960.41

National committee duties

Subpart F

21 Questions & Answers
10 Interpretations

Questions & Answers

Under 1960.41(a), what are national committees required to do about an agency's safety and health program performance?

Under 1960.41(a) national committees must monitor the agency safety and health program's performance and make policy recommendations to the head of the agency on how the program operates.

Under 1960.41(b), what specific items may a national committee monitor and review when assisting establishment committees?

Under 1960.41(b) national committees may monitor and review inspection reports; internal and external evaluation reports; agency safety and health training programs; proposed agency standards; agency plans for abating hazards; and responses to reports of hazardous conditions, safety and health program deficiencies, and allegations of reprisal.

Under 1960.41(b), can a national committee monitor allegations of reprisal and follow up on investigations?

Under 1960.41(b) national committees can monitor allegations of reprisal and the agency's handling of those allegations.

Under 1960.41(c), may a national committee recommend changes to agency resources for safety and health programs?

Under 1960.41(c) national committees may monitor and recommend changes in the resources allocated to the entire agency safety and health program.

What must a national committee do if half the committee determines there are deficiencies in the agency's safety and health program according to 1960.41(d)?

Under 1960.41(d) the national committee must report its dissatisfaction to the Secretary of Labor if half the committee determines there are deficiencies in the agency's safety and health program or if the committee is not satisfied with the agency's reports of reprisal investigations.

When can a national committee request the Secretary to conduct an evaluation or inspection under 1960.41(e)?

Under 1960.41(e) a national committee may request the Secretary of Labor to conduct an evaluation or inspection when half the members of record are not satisfied with an agency's response to a report of hazardous working conditions.

What does the phrase "except where prohibited by law" mean for national committee duties under 1960.41?

Under 1960.41 the committee's duties apply except where prohibited by law, which means committees perform the listed duties unless a statute, regulation, or lawful limitation prevents the committee from doing so.

  • See the general limitation at the start of 1960.41.
  • For an example of legal coverage limits affecting federal safety rules (e.g., certain military-unique operations), see OSHA's interpretation on Oxygen-deficient atmospheres in HVAC, which explains how Executive Order 12196 and other legal constraints affect OSHA coverage in some federal contexts.

Does 1960.41(b) allow national committees to monitor agency safety and health training programs?

Under 1960.41(b) national committees are explicitly permitted to monitor agency safety and health training programs as part of their review responsibilities.

If a national committee is not satisfied with an agency's reprisal investigation report, what immediate step is required under 1960.41(d)?

Under 1960.41(d) the national committee must report its dissatisfaction to the Secretary of Labor if half the committee finds deficiencies or is not satisfied with the agency's reprisal investigation report.

What is the difference between the actions authorized by 1960.41(d) and 1960.41(e)?

Under 1960.41(d) the national committee reports dissatisfaction to the Secretary when half the committee determines there are program deficiencies or is not satisfied with reprisal investigation reports; under 1960.41(e) the committee may formally request that the Secretary conduct an evaluation or inspection when half the members of record are not satisfied with the agency's response to reported hazardous working conditions.

Can a national committee monitor proposed agency safety and health standards under 1960.41(b)?

Under 1960.41(b) national committees can monitor and review proposed agency standards as part of their role assisting establishment committees.

How can a national committee monitor an agency's plans for abating hazards under 1960.41(b)?

Under 1960.41(b) a national committee can monitor agency abatement plans by reviewing the agency's written plans, timelines, inspection reports, and progress updates and by advising on policy or resource needs to complete abatement.

  • The monitoring authority is found in 1960.41(b).
  • Where an identified hazard could trigger other enforcement or interagency actions, committees should consider recommending escalation consistent with 1960.41(e).

Does 1960.41 require a national committee to follow a set schedule for monitoring activities?

Under 1960.41 there is no required fixed schedule; the standard directs national committees to monitor program performance and related items as appropriate and to make recommendations, leaving timing and frequency to the committee's judgment and agency needs.

If a national committee believes resources are inadequate for the agency safety program, what authority does 1960.41(c) give the committee?

Under 1960.41(c) the national committee may monitor resource allocation across the agency and recommend changes to ensure the safety and health program is properly funded and staffed.

Under 1960.41, can a national committee assist in developing establishment-level safety committees?

Under 1960.41(b) national committees are required to monitor and assist in the development and operation of the agency's establishment committees, helping ensure consistent program elements and effective local implementation.

When 1960.41(e) says "half the members of record," what practical action should a committee take to document that threshold?

Under 1960.41(e) the practical step is to document committee membership and votes so that a request to the Secretary is clearly supported by a record showing at least half the members of record were not satisfied with the agency's response; the standard uses that numerical threshold to trigger a request for Secretary evaluation or inspection.

If a national committee is monitoring internal and external evaluation reports under 1960.41(b), what should it look for?

Under 1960.41(b) the committee should look for findings showing unresolved hazards, repeated deficiencies, ineffective corrective actions, gaps in training, inadequate resource allocation, or patterns of reprisal allegations—issues that merit policy recommendations or escalation.

Can a national committee use 1960.41 to request an OSHA inspection of a federal workplace?

Under 1960.41(e) a national committee can request that the Secretary of Labor conduct an evaluation or inspection when at least half the members of record are not satisfied with the agency's response to a reported hazardous condition; the request is made to the Secretary, who can initiate an inspection or evaluation.

What should a national committee do when it finds persistent safety program deficiencies that the agency doesn't fix?

Under 1960.41 the committee should document the deficiencies, make policy recommendations to the head of the agency per 1960.41(a), and if half the committee determines problems remain, report dissatisfaction to the Secretary under 1960.41(d).

Can national committees review agency responses to reports of hazardous conditions and then request outside review?

Under 1960.41(b) national committees can review agency responses to reports of hazardous conditions, and under 1960.41(e) they can request the Secretary to conduct an evaluation or inspection if half the members of record are not satisfied with the agency's response.

If a national committee reviews proposed agency standards, does 1960.41(b) allow it to influence final agency policy?

Under 1960.41(b) the national committee may monitor and review proposed agency standards and make recommendations; the committee's role is advisory—its monitoring and policy recommendations support agency leadership decisions but do not, by the text of 1960.41, themselves change agency policy.