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OSHA 1990.105

Advisory committees procedures

16 Questions & Answers

Questions & Answers

Under 1990.105, who can appoint an Advisory Committee on a potential occupational carcinogen?

Under 1990.105, the Secretary may appoint an Advisory Committee to consider any potential occupational carcinogen. See the Advisory committees provision in 1990.105 for the governing authority.

Under 1990.105, for what purpose may the Secretary appoint an Advisory Committee?

Under 1990.105, the Secretary may appoint an Advisory Committee to provide recommendations to assist the Secretary in standard setting for any potential occupational carcinogen. The regulation explicitly ties the committee's purpose to helping with standard setting; see Advisory committees in 1990.105.

Under 1990.105, what legal authorities are cited as the basis for appointing an Advisory Committee?

Under 1990.105, appointment authority is exercised pursuant to sections 6(b) and 7 of the Occupational Safety and Health Act and 29 CFR part 1912. The regulation itself states this and refers specifically to 29 CFR part 1912 and the Advisory committees provision in 1990.105.

Under 1990.105, how long does an Advisory Committee have to submit its recommendations after appointment?

Under 1990.105, the Advisory Committee must submit its recommendations no later than 90 days from the date of the Advisory Committee's appointment. See the timing requirement in 1990.105.

Under 1990.105, can the 90-day deadline for the Advisory Committee be extended?

Under 1990.105, the Secretary may extend the 90-day deadline for the Advisory Committee for exceptional circumstances. The regulation states the deadline is 90 days unless extended by the Secretary for exceptional circumstances; see 1990.105.

Under 1990.105, what happens if an Advisory Committee fails to file a timely report?

Under 1990.105, if an Advisory Committee fails to file a timely report, the Secretary may proceed with standard setting activities without such a report. The regulation plainly authorizes the Secretary to move forward in that situation; see 1990.105.

Under 1990.105, does the regulation specify who must be on the Advisory Committee (composition or membership)?

Under 1990.105, the regulation does not specify the composition or membership requirements for an Advisory Committee. The provision only authorizes the Secretary to appoint a committee and sets a reporting time frame; see 1990.105.

Under 1990.105, is the Secretary required to appoint an Advisory Committee for every potential occupational carcinogen?

Under 1990.105, the Secretary is not required to appoint an Advisory Committee for every potential occupational carcinogen; the Secretary may appoint one at their discretion. The regulation uses permissive language—"may appoint"—indicating discretion; see 1990.105.

Under 1990.105, when exactly does the 90-day reporting period begin for an Advisory Committee?

Under 1990.105, the 90-day reporting period begins on the date of the Advisory Committee's appointment. The regulation states recommendations must be submitted no later than 90 days from the date of appointment; see 1990.105.

Under 1990.105, what does "exceptional circumstances" mean for extending the Advisory Committee deadline?

Under 1990.105, the regulation allows the Secretary to extend the 90-day deadline for "exceptional circumstances," but it does not define what constitutes those circumstances. The text provides authority to extend but leaves determination of "exceptional circumstances" to the Secretary; see 1990.105.

Under 1990.105, can the Secretary begin standard setting before an Advisory Committee submits its recommendations?

Under 1990.105, the Secretary may proceed with standard setting activities without an Advisory Committee report if the committee fails to file a timely report. That means the Secretary can begin the process before receiving recommendations in a timely manner; see 1990.105.

Under 1990.105, is there a required format or content for the Advisory Committee's recommendations?

Under 1990.105, the regulation requires the Advisory Committee to submit recommendations but does not specify a required format or detailed content for those recommendations. The provision sets timing and purpose but leaves format and content unspecified; see 1990.105.

Under 1990.105, where can I find the general part that is cited as a basis for Advisory Committee appointments?

Under 1990.105, appointments are made pursuant to 29 CFR part 1912, and you can review that part by consulting 29 CFR part 1912. The Advisory committee provision itself is in 1990.105.

Under 1990.105, what is the Advisory Committee expected to assist with when it submits recommendations?

Under 1990.105, the Advisory Committee's recommendations are expected to assist the Secretary in standard setting related to potential occupational carcinogens. The regulation ties the committee's deliverable directly to aiding the standard setting process; see 1990.105.

Under 1990.105, if an Advisory Committee requests more time, who decides whether to grant an extension?

Under 1990.105, the Secretary decides whether to grant an extension of the 90-day deadline for "exceptional circumstances." The regulation assigns extension authority to the Secretary; see 1990.105.

Under 1990.105, does failure of an Advisory Committee to report stop OSHA from moving forward with regulatory action?

Under 1990.105, failure of an Advisory Committee to file a timely report does not stop the Secretary from moving forward with regulatory or standard setting actions; the Secretary may proceed without the report. See the procedural contingency in 1990.105.