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OSHA 1960.90

Operating procedures

Subpart K

18 Questions & Answers
10 Interpretations

Questions & Answers

Under 1960.90(a), when must the Executive Committee meet to approve the council's annual program?

The Executive Committee must meet at least 45 days before the beginning of each calendar year to approve the council's annual program. This is required by 1960.90(a).

  • The approved program must be designed to accomplish the council's objectives and functions described in 1960.87.
  • The Executive Committee should schedule this planning meeting early enough to finalize logistics, speakers, and any materials needed for the coming year.

Under 1960.90(a), what ongoing oversight is the Executive Committee required to provide after approving the annual program?

The Executive Committee must meet periodically to ensure that the meetings and other activities of the council are being conducted as outlined in the council schedule. This oversight requirement is stated in 1960.90(a).

  • "Periodically" means the Executive Committee should check progress throughout the year and adjust the schedule or activities as needed to meet council objectives in 1960.87.
  • Keep records of these oversight meetings to show the committee reviewed and maintained the planned schedule.

Under 1960.90(b), how many meetings or activities is each council required to hold each year?

Each council must include at least four meetings or activities per year that deal with occupational safety and health issues, as required by 1960.90(b).

  • These can be regular meetings, training sessions, workshops, or other safety and health activities.
  • Councils should document each meeting or activity (agenda, attendance, minutes) to demonstrate compliance.

Under 1960.90(c), what must the field council's annual report to the Secretary include and by what date must it be submitted?

Each field council must submit a report to the Secretary (or the Secretary's designee) by March 15 of each year that describes the previous calendar year's activities and programs and outlines plans for the current year. This requirement is in 1960.90(c).

  • The report must also address the participation and attendance of the council's designated representatives.
  • The Office of Federal Agency Safety and Health Programs, OSHA, will furnish guidelines to help prepare this report.

Under 1960.90(c), who provides guidelines for preparing the council's annual report?

The Office of Federal Agency Safety and Health Programs, OSHA, furnishes guidelines to field councils concerning the preparation of the annual report, as stated in 1960.90(c).

  • Councils should request or download those guidelines from OSHA to ensure the report includes required content such as past activities, future plans, and attendance records.

Under 1960.90(d), what action will the Secretary take if a council is found not to be operating according to its charter and this subpart?

If a council is determined not to be operating in accordance with its charter and the provisions of this subpart, the Secretary shall revoke the council's charter after consultation with appropriate OSHA regional officials, as stated in 1960.90(d).

  • Revocation follows consultation with OSHA regional officials; it is not automatic without that process.
  • After revocation, the council must surrender government property and cannot use the Field Federal Safety and Health Council title unless rechartered by the Secretary.

Under 1960.90(d), what must a council do with government property after its charter is revoked?

Upon revocation of a charter, the council must surrender all its government property to the appropriate OSHA regional official, as required by 1960.90(d).

  • The council should maintain an inventory of government property so surrendering is orderly and verifiable.
  • Coordinate with the OSHA regional office in advance to arrange property transfer after any revocation.

Under 1960.90(d), can another organization in the same area use the Field Federal Safety and Health Council name after a revocation?

No — any continuing or future organization in the same geographical area may not use the title Field Federal Safety and Health Council, or any derivation of it, unless formally rechartered by the Secretary, as specified in 1960.90(d).

  • Using the title without rechartering would violate the regulation.
  • To restore use of the title, the organization must be formally rechartered by the Secretary.

Under 1960.90, who is responsible for submitting the field council's annual report to the Secretary?

Each field council itself is responsible for submitting the annual report to the Secretary or the Secretary's designee by March 15, as required in 1960.90(c).

  • Make sure the report is complete, includes attendance/participation data, and follows the OSHA guidelines provided by the Office of Federal Agency Safety and Health Programs.

Under 1960.90(a), what should the council's annual program aim to accomplish?

Under 1960.90(a), the council's annual program must be designed to accomplish the objectives and functions stated in 1960.87.

  • Councils should review 1960.87 when planning to ensure program elements map to those objectives and functions.
  • The approved program should include at least the minimum activities required by 1960.90(b).

Under 1960.90, is failing to hold the required meetings a potential reason for charter revocation?

Yes — failing to operate in accordance with the provisions of this subpart (for example, not holding the required meetings or activities) can lead to a determination that the council is not operating per its charter and may result in revocation of the charter after consultation with OSHA regional officials, as described in 1960.90(d) and the meeting requirement in 1960.90(b).

  • Councils should document meetings/activities and Executive Committee oversight to demonstrate compliance and avoid revocation.

Under 1960.90(c), what attendance information must be included in the annual report?

The annual report must address the participation and attendance of designated representatives of the council, as required by 1960.90(c).

  • Include attendee lists, names/titles of designated representatives, frequency of attendance, and any barriers to participation.
  • This information helps OSHA evaluate how effectively the council engaged its membership during the reporting year.

Under 1960.90(d), how will the council be notified if its charter is revoked?

Notification of revocation will be sent to the chairperson, where identifiable, and to the appropriate OSHA Regional Office, as specified in 1960.90(d).

  • Councils should keep contact information for their chairperson and OSHA regional office current to ensure timely notice in any enforcement or administrative action.

Under 1960.90(d), who decides whether a council is not operating according to its charter and initiates revocation?

The Secretary makes the determination to revoke a council's charter, but only after consultation with appropriate OSHA regional officials, as stated in 1960.90(d).

  • Regional OSHA officials are consulted during the decision process; councils may engage regional offices if concerns arise to resolve issues before revocation.

Under 1960.90, what practical steps should a council take to meet the annual program and reporting requirements?

To meet the requirements of 1960.90(a)-(c), a council should:

  • Meet at least 45 days before the new calendar year to approve the annual program (1960.90(a)).
  • Schedule and document at least four meetings or activities during the year (1960.90(b)).
  • Track participation and attendance and compile a report describing past activities and plans for the coming year, and submit it by March 15 (1960.90(c)).
  • Use the guidelines from the Office of Federal Agency Safety and Health Programs, OSHA, when preparing the report.

Under 1960.90, can the Secretary allow a new organization to use the council title after revocation?

Yes — only the Secretary can formally recharter an organization and thereby allow it to use the title Field Federal Safety and Health Council or any derivation, as stated in 1960.90(d).

  • Any organization wishing to resume use of the title must go through formal rechartering by the Secretary.

Under 1960.90, what does the term "activities" include when the regulation says "at least four meetings or activities per year"?

The term refers to meetings or other events that deal with occupational safety and health issues — for example, regular council meetings, training sessions, workshops, or outreach events — as required by 1960.90(b).

  • Councils should choose activities that advance the objectives in 1960.87, document them, and count them toward the four-per-year minimum.

Under Part 1960 and the 2024 OSHA letter about oxygen-deficient atmospheres, do Field Federal Safety and Health Councils apply to military personnel and uniquely military operations?

Field Federal Safety and Health Councils operate under 29 CFR Part 1960, which governs federal employee occupational safety and health programs, but military personnel and uniquely military equipment or operations are excluded from OSHA coverage under Executive Order 12196, as explained in OSHA's interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.

  • Councils and their programs apply to federal civilian employees and agency operations covered by Part 1960 (1960).
  • If a council's work involves military-unique activities or personnel, consult the OSHA interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16 to determine coverage and responsibilities.