Council membership and participation

Each field council must be made up of designated representatives of local Federal activities appointed by their activity heads after consulting employee representatives and certified safety and health committees. This is required by 1960.88(a).

• Appointment follows consultation with appropriate employee representatives and certified safety and health committees.
• The activity head is responsible for the official appointment.

Yes. Federal agency heads should encourage each field activity that has responsibility for employee safety and health to participate in the programs of these councils, as stated in 1960.88(b).

• This is an encouragement to increase participation, not a strict appointment rule.
• The goal is broader engagement from field activities with safety and health programs.

Yes. Each activity head must appoint an equal number of officially designated representatives (with designated alternates) from management and from nonmanagement employees, consistent with any applicable collective bargaining arrangements, as required by 1960.88(c).

• Alternates should also be designated for those representatives.
• Selections must respect collective bargaining agreements where they apply.

Representatives may be selected from federal occupational safety and health professionals; related federal professionals or collateral duty personnel; line management officials; and representatives of recognized federal labor or other employee organizations as listed in 1960.88(d).

• See the specific subparagraphs for exact categories: 1960.88(d)(1), 1960.88(d)(2), 1960.88(d)(3), and 1960.88(d)(4).

Yes. Federal occupational safety and health professionals are explicitly listed as a category from which representatives shall be selected under 1960.88(d)(1).

• These professionals bring technical expertise to the council.
• Appointments still must follow the equal-management/nonmanagement rule in 1960.88(c).

Yes. Related federal professionals or collateral duty personnel—people in occupations related to employee safety and health—may be selected as representatives under 1960.88(d)(2).

• Examples include industrial hygienists, environmental health staff, or safety coordinators who have collateral duties.
• Their selection should align with equal representation rules in 1960.88(c).

Yes. Line management officials are an authorized category for selection as representatives according to 1960.88(d)(3).

• Their inclusion supports management participation in safety decision-making.
• Remember that councils must have equal numbers of management and nonmanagement representatives per 1960.88(c).

Representatives of recognized federal labor or other employee organizations are a permitted category; specific selection rules depend on the presence of certified committees or bargaining arrangements, as set out in 1960.88(d)(4).

• If a certified safety and health committee exists, nonmanagement members of that committee should be given the opportunity to select one individual for official appointment (1960.88(d)(4)(i)).
• If employees are represented by collective bargaining but no committee exists, nonmanagement members shall be selected from those recommended by the exclusive bargaining representative (1960.88(d)(4)(ii)).
• If some employees are represented and others are not, nominations should be solicited from both represented and nonrepresented employees and selection made from those nominees (1960.88(d)(4)(iii)).

When a certified committee exists, nonmanagement members of that committee must be given the opportunity to select one individual for official appointment to the field council by the activity head, per 1960.88(d)(4)(i).

• This ensures representation from the certified committee on the field council.
• The activity head makes the appointment after being provided that selection.

If employees are represented by collective bargaining arrangements but no certified committee exists, nonmanagement members of the field council shall be selected from among those recommended by the exclusive bargaining representatives for appointment by the activity head, as described in 1960.88(d)(4)(ii).

• The exclusive bargaining representative recommends candidates; the activity head appoints them officially.
• This respects union role in selecting employee representatives.

The agency head should solicit nominations for the designated nonmanagement representative and alternate from both lawful labor organizations with collective bargaining status and from employees not represented through collective bargaining, and then select from those nominees for official appointment, as required by 1960.88(d)(4)(iii).

• This process ensures fair consideration of both represented and nonrepresented employees.
• The activity head makes the final official appointment from the collected nominations.

Yes, a non-Federally employed person who demonstrates interest in occupational safety and health may be granted associate membership, but an associate member has no voting rights and may not hold any office, as stated in 1960.88(e).

• Associate membership is a way to involve outside experts or partners.
• Their participation is nonvoting and excludes holding council office.

No. A council may not impose a maximum limitation on itself regarding the numbers of personnel in any of the listed categories that may attend meetings and/or participate in field council activities, according to 1960.88(f).

• Agencies are free to have additional individuals participate beyond officially designated representatives.
• This supports broader involvement and information sharing.

Yes. An agency is free to have any number of individuals, in addition to the officially designated representatives, participate in council activities as stated in 1960.88(f).

• Participation is not limited by council-imposed caps.
• Those extra participants may attend and take part in activities, but voting is limited by 1960.88(g).

Only officially designated agency representatives or their alternates have voting privileges on the council, as specified in 1960.88(g).

• Associate members and other participants do not have voting rights.
• Ensure that official designations and alternates are documented so voting rights are clear.

No. All representatives and participants shall serve without additional compensation, according to 1960.88(g).

• Serving on the council is considered part of regular agency duties.
• Employers should not promise extra pay specifically for council membership.

Travel funds shall be made available equally to management and nonmanagement employee representatives, as required by 1960.88(h).

• Equal access to travel funding supports balanced participation.
• Agency travel policies should reflect this equal availability.

Yes. Each activity head shall appoint officially designated representatives with designated alternates from management and nonmanagement employees, as required by 1960.88(c).

• Alternates step in to vote and act when the primary representative is unavailable.
• Alternates should be formally documented to avoid dispute about voting rights.

No. A non-Federally employed associate member may be granted participation but may not hold any office and has no voting rights, per 1960.88(e).

• Only officially designated agency representatives or their alternates have vote and office eligibility as described in 1960.88(g).

No. A field council or agency cannot unilaterally adopt an alternate standard without following the approval process; 29 CFR 1960.17 allows an agency to apply an alternate standard only after requesting and receiving the Secretary of Labor's approval, as discussed in the OSHA interpretation about hexavalent chromium sampling methods (OSHA Letter, Apr. 19, 2019).

• If an agency believes an alternate standard is necessary, it must prepare the request with the information specified in 1960.17(b)(1)-(b)(5) and obtain approval before implementing it.
• The 2019 interpretation confirms that agencies cannot treat performance-based choices as approved alternate standards without the formal request process.

Yes. Where employees are represented by collective bargaining arrangements but no certified committee exists, the exclusive bargaining representative recommends nonmanagement members for appointment, and the activity head officially appoints them, as described in 1960.88(d)(4)(ii).

• This preserves the bargaining representative's role in selecting employee participants.
• The activity head makes the formal appointment from those recommendations.

No. Councils may not impose a maximum limitation on the number of personnel in any category that may attend or participate, as stated in 1960.88(f); there is no allowance in 1960.88 for charging attendance fees.

• Agencies may send any number of participants beyond officially designated representatives.
• Practical limits like meeting space or travel funding may still apply, but councils cannot adopt a categorical attendance cap.