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OSHA 2203.5

Procedures for other meetings

18 Questions & Answers

Questions & Answers

Under 2203.5(a)(1), how far in advance must a meeting that is not regularly scheduled be announced?

You must publicly announce the meeting at least one week before the meeting date. See the requirement in 2203.5(a)(1), which also explains the limited exception when at least two Commissioners determine by recorded vote that business requires an earlier meeting.

Under 2203.5(a)(1), what happens if two Commissioners determine a meeting must be called earlier than one week?

If at least two Commissioners determine by recorded vote that Commission business requires an earlier meeting, the Commission must make its public announcement at the earliest practicable time. This exception is described in 2203.5(a)(1).

Under 2203.5(a)(2), can the time or place of a meeting be changed after the initial announcement?

Yes — the time or place may be changed, but only if the change is publicly announced at the earliest practicable time after the original announcement. See 2203.5(a)(2).

Under 2203.5(a)(2)(i)-(ii), when may the subject or open/closed status of a meeting be changed after announcement?

The subject or the decision to open or close a meeting may be changed after announcement only if at least two Commissioners make a recorded vote that business so requires and no earlier announcement was possible, and the change plus each Commissioner's vote are publicly announced at the earliest practicable time. See 2203.5(a)(2)(i) and 2203.5(a)(2)(ii).

Under 2203.5(a)(3), how must announcements of meetings be made?

Announcements must be posted in a prominent place at the Commission's national office and also submitted for publication in the FEDERAL REGISTER immediately after the posted notice. See the posting and Federal Register requirements in 2203.5(a)(3).

Under 2203.5(a)(1), what specific information must the public announcement include?

The announcement must state the time, place, and subject of the meeting, whether it will be open or closed, and the name and phone number of the person designated to respond to information requests. See the content requirements in 2203.5(a)(1).

Under 2203.5(b)(1), how many Commissioners must vote to close all or part of a non-regular meeting?

At least two Commissioners must vote in favor of the proposed action to close all or part of a meeting or to withhold information about a non-regular meeting. See the voting requirement in 2203.5(b)(1).

Under 2203.5(b)(2) and (3), is a separate vote required for each meeting or part proposed to be closed, and when can a single vote cover a series of meetings?

Yes — a separate recorded vote is normally required for each meeting or each part proposed to be closed, but a single vote may cover closing all or part of a series of meetings if each meeting in the series involves the same particular matters and each is scheduled within 30 days of the initial meeting. See 2203.5(b)(2) and 2203.5(b)(3).

Under 2203.5(b)(4), how can a member of the public ask that part of an open meeting be closed?

Any person whose interest may be directly affected can request that a portion of an open meeting be closed for the reasons listed in 2203.3(b)(5), (6), or (7), and the Commission will vote by recorded vote on the motion when a Commissioner moves to consider the request. See the public request and vote process in 2203.5(b)(4).

Under 2203.5(b)(5), are proxy votes allowed for votes to close meetings or withhold information?

No — proxy votes are not permitted for any vote required under paragraph (b); each participating Commissioner's vote must be recorded individually. See the prohibition on proxy votes in 2203.5(b)(5).

Under 2203.5(b)(6), how quickly must the Commission make votes publicly available after a vote to close a meeting or withhold information?

The vote of each Commissioner on the question must be made publicly available at the Commission's national office within one day after the vote. See the public availability requirement in 2203.5(b)(6).

Under 2203.5, what additional material must be made public if any part of a meeting is closed?

If any part of a meeting is closed, a full written explanation of the Commission's action and a list of all persons expected to attend the meeting with their affiliations must be made publicly available at the Commission's national office within one day after the vote to close. See this requirement in 2203.5.

Under 2203.5(a)(2), what must be done if the subject or open/closed status is changed and the Commissioners' votes caused the change?

Public announcement of the change and the recorded vote of each Commissioner on the change must be made at the earliest practicable time. This is required when at least two Commissioners have determined by recorded vote that change was necessary and that no earlier announcement was possible; see 2203.5(a)(2)(i) and 2203.5(a)(2)(ii).

Under 2203.5(b)(3), what conditions must be met to use a single vote to close parts of a series of meetings?

A single vote can be used only if each meeting in the series involves the same particular matters and each meeting in the series is scheduled to occur no more than 30 days after the initial meeting. See the single-vote rule in 2203.5(b)(3).

Under 2203.5(a)(3), where must the posted notice be located and what other publication step is required?

The notice must be posted in a prominent place at the Commission's national office, and immediately after posting the same information must be submitted for publication in the FEDERAL REGISTER. See the posting and Federal Register steps in 2203.5(a)(3).

Under 2203.5(b)(4), who decides whether to grant a public request to close part of a meeting, and how is that decision made?

A Commissioner must make a motion to consider the request, and the Commission will then vote by recorded vote on whether to grant it. See the decision process for public requests in 2203.5(b)(4).

Under 2203.5(b)(5), how must each Commissioner's vote be handled and recorded when voting on closure or withholding information?

Each participating Commissioner's vote must be recorded individually; no proxy voting is allowed. See the recording and proxy prohibition in 2203.5(b)(5).

Under 2203.5, how should a remote or virtual meeting be treated for announcement and posting requirements?

Remote or virtual meetings are subject to the same announcement and posting requirements: you must publicly announce time, place (including the virtual location), subject, open/closed status, and contact information and post notice at the national office with FEDERAL REGISTER submission as required by 2203.5(a)(1) and 2203.5(a)(3).