OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 2203.6

General Counsel certification requirements

14 Questions & Answers

Questions & Answers

Under 2203.6, what is the General Counsel required to do before a meeting is closed to the public?

Under 2203.6, the General Counsel must certify before the meeting that, in his opinion, the meeting may properly be closed and must state which exemptions he relied on. This certification requirement is explicit in 2203.6.

Under 2203.6, who must sign or provide the certification that a meeting may be closed?

Under 2203.6, the certification must be provided by the General Counsel. The rule says the General Counsel will be asked to certify that the meeting may properly be closed and to state the exemptions relied upon, as set out in 2203.6.

Under 2203.6, when must the General Counsel give the certification relative to the meeting?

Under 2203.6, the General Counsel must give the certification before the meeting is closed to the public. The provision specifically requires certification prior to the meeting being closed, as shown in 2203.6.

Under 2203.6, what specific information must the General Counsel include in the certification?

Under 2203.6, the General Counsel must state that, in his opinion, the meeting may properly be closed and must identify which exemptions he has relied upon. The section requires both the opinion that closure is proper and a statement of the exemptions used, as described in 2203.6.

Under 2203.6, what documents must be retained by the Commission when a meeting is closed?

Under 2203.6, the Commission must retain a copy of the General Counsel's certification together with a statement from the presiding Commissioner setting forth the time and place of the meeting and the persons present as part of the meeting record. The rule requires these materials to be kept as part of the transcript, recording, or minutes described in 2203.7 and is stated in 2203.6.

Under 2203.6, what must the presiding Commissioner include in the statement that accompanies the General Counsel's certification?

Under 2203.6, the presiding Commissioner's statement must set forth the time and place of the meeting and the persons present. That statement, together with the General Counsel's certification, must be retained as part of the record identified in 2203.7, as required by 2203.6.

Under 2203.6, must a separate certification be made for each meeting closed to the public?

Under 2203.6, yes — the General Counsel is asked to certify for every meeting closed under any provision of these rules, and that certification must be given before each meeting. The section states this requirement applies to every meeting closed and is found in 2203.6.

Under 2203.6, does the rule specify the format (written or oral) of the General Counsel's certification?

Under 2203.6, the rule requires a copy of the certification to be retained, which implies the certification must be documented in a form that can be copied and kept. The section itself does not prescribe a specific format, but it does require retention of a copy as part of the record in 2203.7, as noted in 2203.6.

Under 2203.6, what should be done if the General Counsel is temporarily unavailable but a meeting must be closed?

Under 2203.6, the regulation does not provide an alternate signer; it requires the General Counsel's certification before closure. Because the text does not specify a substitute, the practical step is to consult the agency's legal office or General Counsel's office to obtain timely certification or written delegation consistent with agency policy; see the certification requirement in 2203.6.

Under 2203.6, what exemptions must the General Counsel list in the certification?

Under 2203.6, the General Counsel must state which exemptions he has relied upon to justify closing the meeting, but the section does not list the exemptions themselves. The requirement to identify the exemptions is in 2203.6; you should consult the broader part rules or applicable statute for the specific exemptions available, as summarized on the part page 2203.

Under 2203.6, where in the meeting record must the certification and Commissioner statement be kept?

Under 2203.6, the certification and the presiding Commissioner's statement must be retained by the Commission as part of the transcript, recording, or minutes of the meeting described in 2203.7. The retention requirement is specified in 2203.6.

Under 2203.6, can the General Counsel's certification be kept separate from the official minutes or transcript?

Under 2203.6, no — the certification must be retained by the Commission as part of the transcript, recording, or minutes described in 2203.7. The section requires the certification and the presiding Commissioner's statement to be included in the official meeting record, as stated in 2203.6.

Under 2203.6, is the General Counsel required to explain the legal basis for the exemption in the certification?

Under 2203.6, the General Counsel is required to state which exemptions he has relied upon but the section does not specify that he must provide a detailed legal explanation in the certification. The rule requires identification of the exemptions and retention of the certification with the meeting record, as described in 2203.6 and the record rules in 2203.7.

Under 2203.6, what should the Commission do if it cannot locate the General Counsel's retained certification after the meeting?

Under 2203.6, the regulation requires that a copy of the General Counsel's certification and the presiding Commissioner's statement be retained as part of the meeting record; if a retained copy cannot be located, the Commission should promptly reconstruct the record and document steps taken to retrieve or recreate the certification and consult agency records policies to ensure compliance with 2203.6 and the transcript/minutes requirements in 2203.7.