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OSHA 1960.86

Establishing safety councils

Subpart K

18 Questions & Answers
10 Interpretations

Questions & Answers

Under 1960.86(a), will field councils that existed before this subpart stop operating when the subpart became effective?

Yes — field councils that were established and operating before the subpart became effective may continue to operate without interruption as long as they follow their charter and this subpart. See 1960.86(a).

Under 1960.86(b), what conditions must exist before the Secretary may establish a new field council?

A council may be established where ten or more Federal establishments totaling 300 or more employees are located within a radius of 50 miles and there is substantial agreement among the agencies that a council would be useful. See 1960.86(b).

Under 1960.86(b), can a field representative start the process of organizing a new council on their own?

Yes — a field representative of the Secretary may, on their own initiative, contact representatives of all establishments in the area to encourage organizing a field council. See 1960.86(b).

Under 1960.86(b), can a single establishment request assistance to form a field council?

Yes — any establishment in the area may request that a field representative contact other establishments and encourage organization of a field council. See 1960.86(b).

Under 1960.86(c), what steps must a group take to get formal recognition as a field council?

You must organize the council, elect officers, and draft and accept articles of organization, then send a formal request for recognition to the Secretary; upon approval of the articles a charter will be issued. See 1960.86(c).

Under 1960.86(d), what should the council do at its first general meeting?

At the first general meeting the council should appoint committees and solicit the cooperation of all participants to support committee functioning and the council's objectives. See 1960.86(d).

Under 1960.86(b), how is the 50-mile radius applied when counting establishments and employees?

The standard sets the criterion as establishments and employees located "within an area having a radius of 50 miles," so you must count Federal establishments and their employees that fall inside that 50‑mile radius; if there is uncertainty, consult the field representative for guidance. See 1960.86(b).

Under 1960.86(b), does "Federal establishments" include non‑federal contractors or private employers?

No — the text refers to Federal establishments. The council-formation threshold is based on Federal establishments and their employees located within the specified area. If contractor or non‑Federal participation is contemplated, coordinate with the field representative about membership and scope. See 1960.86(b).

Under 1960.86(c), who issues the council charter and when is it issued?

The Secretary issues the charter after approving the council's Articles of Organization that were drafted and accepted by the council membership. See 1960.86(c).

Under 1960.86(a), what happens if a preexisting council is not operating according to its charter or the subpart?

If a preexisting council is not operating in accordance with its charter and this subpart, it would no longer meet the condition that allows uninterrupted continuation under 1960.86(a); the council should correct its operations to comply or consult the Secretary's representative for further action. See 1960.86(a).

Under 1960.86(b), what does "substantial agreement among the agencies" mean for forming a council?

The regulation requires "substantial agreement among the agencies" but does not define the exact test; in practice, this means sufficient support or consensus from the Federal establishments in the area that a council would be useful, and the field representative can help determine whether that agreement exists. See 1960.86(b).

Under 1960.86, are agencies required to form a council if thresholds are met?

No — the Secretary may establish a council where the thresholds are met and there is substantial agreement, but formation is discretionary rather than mandatory. See 1960.86(b).

Under 1960.86, what role should agency leadership play after a council is chartered?

Agency leadership should support the council's functioning by encouraging participant cooperation and supporting committees, as the regulation expects councils to appoint committees and solicit cooperation to accomplish objectives. See 1960.86(d).

Under 1960.86(c), if a council's Articles of Organization are rejected, what should the council do?

If the Articles are not approved, the council should revise the Articles based on comments and resubmit a formal request for recognition to the Secretary; the regulation requires approved Articles before a charter is issued. See 1960.86(c).

Under 1960.86(b), can a field council cover an area larger than a 50‑mile radius if neighboring agencies want to participate?

The regulation specifically defines the criterion as establishments located "within an area having a radius of 50 miles." Any deviation or larger boundary is not described in the rule, so discuss exceptions or alternative arrangements with the Secretary's field representative. See 1960.86(b).

Under 1960.86, who should be involved in drafting the Articles of Organization before seeking recognition?

The council membership should draft and accept the Articles of Organization and elect officers before sending a formal recognition request; the regulation does not prescribe specific individuals beyond the council membership. See 1960.86(c).

Under 1960.86(d), do committees have to be permanent or can they be task‑specific?

The regulation advises appointing committees at the first general meeting but does not require committees to be permanent; councils can form standing or task‑specific committees as needed to accomplish objectives. See 1960.86(d).

Under 1960.86 and Part 1960 generally, who enforces federal agencies' workplace safety obligations connected to councils?

Federal agencies are responsible for operating employee safety and health programs under Part 1960, and the Secretary's field representatives can help organize councils, but enforcement of agency obligations rests with agency leadership and applicable oversight authorities; see Part 1960 and the council-establishment rule 1960.86. For how OSHA references agency obligations in related contexts, see the letter discussing ANSI standards and federal agency responsibilities at Adoption of ANSI window cleaning standard.