OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 2203.2

Definitions for commission meetings

14 Questions & Answers

Questions & Answers

Under 2203.2, what is an "Expedited closing procedure"?

An expedited closing procedure is the simplified process described at 5 U.S.C. 552b(d)(4) for announcing and closing certain agency meetings. See 2203.2 for the definition and how the term is used in this part.

Under 2203.2, who qualifies as the "General Counsel" for purposes of these rules?

The General Counsel means the General Counsel of the Commission or any other person the General Counsel designates to carry out the General Counsel's duties under this part. See 2203.2 for the full definition.

Under 2203.2, what counts as a "Meeting" of the Commission?

A meeting is any deliberation of at least two Commissioners that determines or results in the joint conduct or disposition of official Commission business. See 2203.2 for the exact definition.

Under 2203.2, is a conference telephone call among Commissioners considered a "Meeting"?

Yes — a conference telephone call is a meeting if it otherwise meets the definition (i.e., involves at least two Commissioners and results in joint conduct or disposition of official Commission business). See 2203.2.

Under 2203.2, are deliberations under 2203.4(d) and 2203.5 considered "Meetings"?

No — deliberations that are required or permitted under 2203.4(d) and 2203.5 (for example, discussions about whether to open or close a meeting) are excluded from the definition of "meeting." See 2203.2 for this exclusion.

Under 2203.2, does circulating written materials sequentially among Commissioners count as a "Meeting"?

No — business conducted by circulating written materials sequentially for individual consideration by Commissioners is not a meeting. See 2203.2 which explicitly excludes this practice from the definition of "meeting."

Under 2203.2, if the Chairman asks other Commissioners for advice about carrying out a function vested in the Chairman, is that a "Meeting"?

No — a gathering where the Chairman seeks advice from other Commissioners about carrying out a function vested in the Chairman is not a meeting under this part. See 2203.2 for this exclusion.

Under 2203.2, are informal discussions among Commissioners always considered "Meetings"?

No — informal discussions that merely clarify issues and expose varying views but do not effectively predetermine official actions are not meetings. The key is whether the discussion effectively predetermines official action; if it does not, it is excluded. See 2203.2.

Under 2203.2, what does "Official Commission business" include?

Official Commission business means matters that are the responsibility of the Commission acting as a collegial body, including adjudication of litigated cases. See 2203.2 for the definition and examples.

Under 2203.2, does "Official Commission business" include matters that are solely the responsibility of the Chairman?

No — matters that are the responsibility of the Commission's Chairman alone are not considered official Commission business for the purpose of this definition. See 2203.2, which notes the term does not include Chairman-only matters and references statutory authority (e.g., 29 U.S.C. 661(e)).

Under 2203.2, what are "Regularly-scheduled meetings" of the Commission?

Regularly-scheduled meetings are meetings held at 10:30 a.m. on Thursday of each week, except on legal holidays. The term includes meetings that were regularly scheduled but later rescheduled to another time or day. See 2203.2 for the full definition.

Under 2203.2, if a regularly-scheduled meeting is moved to a different day or time, does it still count as "Regularly-scheduled"?

Yes — a regularly-scheduled meeting that has been rescheduled for another time or day still counts as a regularly-scheduled meeting under this definition. See 2203.2.

Under 2203.2, is a discussion between a single Commissioner and staff a "Meeting"?

No — a meeting requires deliberations of at least two Commissioners, so a discussion involving only one Commissioner and staff does not meet the definition of a meeting. See 2203.2.

Under 2203.2, can actions taken during a meeting that relates to adjudication of litigated cases be considered "Official Commission business"?

Yes — adjudication of litigated cases is explicitly listed as an example of official Commission business, so deliberations that determine or result in the Commission's action on such cases are official Commission business. See 2203.2.