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OSHA 2203.7

Commission meeting records access

14 Questions & Answers

Questions & Answers

Under 2203.7(a), what record must the Commission make for meetings closed to the public?

The Commission must make a complete transcript or an electronic recording adequate to fully record the proceedings of each meeting, or portion of a meeting, closed to the public. Section 2203.7(a) also allows the Commission to keep minutes instead of a transcript or recording when the meeting is closed under 2203.3(b)(8), (9)(i), or (10); those minutes must fully and clearly describe matters discussed, summarize actions and reasons, record views expressed, note roll call votes, and identify documents considered.

Under 2203.7(a), when can the Commission keep minutes instead of a transcript or recording for a closed meeting?

The Commission may maintain minutes instead of a transcript or recording when the meeting, or part of it, is closed under paragraph (b)(8), (9)(i), or (10) of 2203.3. Section 2203.7(a) requires such minutes to fully and clearly describe all matters discussed, summarize any actions taken and reasons, describe views expressed, record roll call votes, and identify all documents considered.

Under 2203.7(b), how does the public get access to transcripts, recordings, or minutes of Commission meetings?

The Commission will make the transcript, electronic recording, or minutes promptly available to the public at its national office, except for material the Commission determines may be withheld under 2203.3(b). Section 2203.7(b) explains the availability and exceptions.

Under 2203.7(b), what must a written request to inspect or copy meeting transcripts include and where should it be sent?

A written request should identify the time, date, and place of the meeting and briefly describe the items sought, and it must be sent to the General Counsel at the Office of the General Counsel, Occupational Safety and Health Review Commission, Room 941, One Lafayette Centre, 1120-20th Street NW., Washington, DC 20036-3457. Section 2203.7(b) specifies these requirements for requests to inspect or copy transcripts, recordings, or minutes.

Under 2203.7(b), will copies of transcripts or minutes identify each speaker and note deletions when material is withheld?

Yes. A transcription disclosing the identity of each speaker, with deletions noted for any material the Commission withholds under 2203.3(b), will be furnished to any person. Section 2203.7(b) requires that such deletions be noted in the transcription.

Under 2203.7(b), how much will the Commission charge for copies or transcriptions of meeting records?

The Commission will charge the actual cost of duplication or transcription for copies of the transcript, the minutes, or a transcription of the recording. This is specified in 2203.7(b).

Under 2203.7(b), where will the Commission make transcripts, recordings, or minutes available to the public?

The Commission will make transcripts, recordings, or minutes promptly available to the public at its national office. Section 2203.7(b) requires public availability at the national office, subject to withholding under 2203.3(b).

Under 2203.7(a), what must minutes of a closed meeting include if minutes are used instead of a transcript?

Minutes must fully and clearly describe all matters discussed, provide a full and accurate summary of any actions taken and the reasons for them, include a description of each view expressed on any item, record any roll call vote with each Commissioner's vote, and identify all documents considered in connection with any action. These requirements are in 2203.7(a).

Under 2203.7(b), are there any exceptions that allow the Commission to withhold parts of transcripts or minutes from the public?

Yes. The Commission may withhold items or portions of transcripts, recordings, or minutes that it determines contain information which may be withheld under 2203.3(b). Section 2203.7(b) makes public access subject to those statutory exceptions.

Under 2203.7, how long must the Commission retain a complete verbatim transcript, minutes, or recording of each closed meeting?

The Commission must maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each closed meeting, or closed portion of a meeting, for at least two years after the meeting, or until one year after the conclusion of any Commission proceeding with respect to which all or part of the meeting was held, whichever occurs later. This retention requirement is in 2203.7(b).

Under 2203.7(b), must requests to inspect or copy meeting items be written, and what brevity is required in describing items sought?

Yes, requests must be made in writing, and the request should briefly describe the items sought while identifying the time, date, and place of the meeting. Section 2203.7(b) sets these procedural requirements and specifies submission to the General Counsel.

Under 2203.7(b), can the Commission require transcriptions to show speaker identities when furnishing copies?

Yes. Section 2203.7(b) states that copies will be furnished as a transcription that discloses the identity of each speaker, with deletions noted where material is withheld under 2203.3(b).

Under 2203.7, who is responsible for maintaining the records and responding to inspection or copy requests?

The Commission is responsible for maintaining the records and furnishing copies; written requests to inspect or copy should be made to the General Counsel at the Office of the General Counsel, Occupational Safety and Health Review Commission. Section 2203.7(b) identifies the General Counsel's office as the recipient for such requests.

Under 2203.7(a), must minutes include reasons for actions taken during closed meetings?

Yes. Minutes must provide a full and accurate summary of any actions taken and the reasons for those actions. This requirement appears in 2203.7(a).