Scientific review panel procedures

The Secretary may request the Director of NCI, the Director of NIEHS, and/or the Director of NIOSH to convene a scientific review panel. See 1990.104(a).

• This request power is discretionary and can be exercised at any time.
• The request names which Director(s) OSHA may ask to assemble the panel.

The Secretary can request a panel at any time. See 1990.104(a).

• "At any time" means there is no statutory waiting period before the Secretary may seek the panel's input.

The panel can provide recommendations on the identification, classification, or regulation of any potential occupational carcinogen. See 1990.104(a).

• The scope covers scientific and regulatory issues specifically tied to occupational carcinogens.

Panel members are chosen by the respective Director(s) (the Director of NCI, NIEHS, and/or NIOSH as applicable). See 1990.104(b).

• Each Director selects the individuals they will appoint to the panel.

Panel members must be appropriately qualified in the disciplines relevant to the issues under consideration. See 1990.104(b).

• "Appropriately qualified" means the expertise should match the scientific or regulatory questions the panel will address (for example, toxicology, epidemiology, exposure assessment, or occupational medicine).

Yes — panel members must be employed by the United States. See 1990.104(b).

• That requirement means the formal panel membership is limited to individuals who are U.S. employees.

No — the panel does not constitute an advisory committee within the meaning of section 6(b) or 7(b) of the Act or the Federal Advisory Committee Act (FACA). See 1990.104(b).

• This means the panel is not subject to the formal chartering and public-meeting requirements that FACA imposes on advisory committees.

The panel is requested to submit its report within ninety (90) days after the appointment of the members. See 1990.104(c).

• Ninety days is the target timeframe for the panel's evaluation and written recommendation.

The Secretary places a copy of the panel's report in the record of any relevant rulemaking and allows an appropriate time for public review and comment. See 1990.104(c).

• Including the report in the rulemaking record ensures that the panel's findings are available for public scrutiny during the rulemaking process.

If a panel is not established or fails to file a timely report, the Secretary may proceed in making any determination without such a report. See 1990.104(c).

• The regulation gives the Secretary authority to continue the rulemaking or decision process rather than waiting indefinitely.

Yes — nothing in the section precludes the Secretary from obtaining advice or other aid from any person or organization, including NCI, NIEHS, and NIOSH. See 1990.104(d).

• The Secretary can seek additional scientific or technical help outside the formal panel if needed.

Public comment is allowed after the Secretary places a copy of the panel's report in the rulemaking record and permits an appropriate time for public review and comment. See 1990.104(c).

• The regulation requires that the public have an opportunity to review and comment on the panel report as part of the rulemaking record.

No — the Secretary is not required to wait for a panel's report and may proceed without it if a panel is not established, fails to report on time, or the Secretary decides not to wait. See 1990.104(c).

• This preserves the Secretary's ability to act promptly when necessary.

Possibly — the rule allows appointment of appropriately qualified individuals employed by the United States, so industry or labor representatives could serve if they meet the qualification and employment requirements. See 1990.104(b).

• The regulation does not explicitly exclude representatives by affiliation, but it does require U.S. employment and relevant qualifications.

Yes — the panel will consist of individuals appropriately qualified in the disciplines relevant to the issues to be considered. See 1990.104(b).

• That requirement implies the panel should include a mix of scientific expertise tailored to the specific questions about a potential occupational carcinogen.

Yes — the Secretary may request the Director of NCI, the Director of NIEHS, and/or the Director of NIOSH, so the Secretary can ask any one (or more) of those Directors to convene the panel. See 1990.104(a) and 1990.104(b).

• The use of "and/or" provides flexibility in which Director(s) are asked to assemble members.

No — the panel's report is an evaluation and recommendation and the Secretary may make determinations without it. See 1990.104(c).

• The Secretary uses the panel's input as part of the rulemaking record but retains ultimate decision authority.

No — the language places no substantive limits on who may provide advice; the Secretary may obtain advice or other aid from any person or organization, including NCI, NIEHS, and NIOSH. See 1990.104(d).

• While the panel itself must consist of U.S.-employed experts, the Secretary may seek outside input more broadly.

Panel members must be employed by the United States, which encompasses federal employment; state or local government employment does not meet that wording. See 1990.104(b).

• In practice that language is interpreted to limit formal panel membership to federal employees rather than state or local employees.