PRIA, Government Policy, Made Personal

Summary

Create a National Advisory Committee on Occupational Safety and Health with 12 members the Secretary appoints. Four of those must be picked by the Secretary of Health and Human Services, and those picks do not follow the usual competitive service hiring rules in title 5. Members will come from management, labor, safety and health professions, and the public. One public member must be the chair. Members are chosen for their experience. The committee must advise the Secretary and the Secretary of Health and Human Services about running this law. It must meet at least two times each year. All meetings must be open to the public, and a transcript must be kept and made available. Members are paid under section 3109 of title 5. The Secretary must give the committee an executive secretary and needed staff help. The Secretary may also set up other advisory committees for writing standards. Those can have up to 15 members and must include HHS designees, equal numbers of employer and worker representatives, and state health and safety agency reps. Other experts and representatives of professional or standards groups can be added, but not in greater number than the federal and state agency reps. Private members are paid under section 3109, and the Secretary must reimburse a State employer for a state agency rep’s actual costs. Those committees’ meetings must be public and records available, and members (except employer and employee reps) must not have an economic interest in any proposed rule. The Secretary may use federal, State, or local agency people and facilities with consent, hire experts under section 3109 (contracts may be renewed yearly) and pay them up to the GS–18 rate per section 5332, with travel pay under section 5703. A Maritime Occupational Safety and Health Advisory Committee must be maintained the same way to advise on maritime matters; members may stay until successors are named and the Secretary may make rules to carry this out.

Title 29, §656

Labor, Source: USLM XML via OLRC

(a)National Advisory Committee on Occupational Safety and Health; establishment; membership; appointment; Chairman; functions; meetings; compensation; secretarial and clerical personnel

(1)There is hereby established a National Advisory Committee on Occupational Safety and Health consisting of twelve members appointed by the Secretary, four of whom are to be designated by the Secretary of Health and Human Services, without regard to the provisions of title 5 governing appointments in the competitive service, and composed of representatives of management, labor, occupational safety and occupational health professions, and of the public. The Secretary shall designate one of the public members as Chairman. The members shall be selected upon the basis of their experience and competence in the field of occupational safety and health.

(2)The Committee shall advise, consult with, and make recommendations to the Secretary and the Secretary of Health and Human Services on matters relating to the administration of this chapter. The Committee shall hold no fewer than two meetings during each calendar year. All meetings of the Committee shall be open to the public and a transcript shall be kept and made available for public inspection.

(3)The members of the Committee shall be compensated in accordance with the provisions of section 3109 of title 5.

(4)The Secretary shall furnish to the Committee an executive secretary and such secretarial, clerical, and other services as are deemed necessary to the conduct of its business.

(b)Advisory committees; appointment; duties; membership; compensation; reimbursement to member’s employer; meetings; availability of records; conflict of interest

An advisory committee may be appointed by the Secretary to assist him in his standard-setting functions under section 655 of this title. Each such committee shall consist of not more than fifteen members and shall include as a member one or more designees of the Secretary of Health and Human Services, and shall include among its members an equal number of persons qualified by experience and affiliation to present the viewpoint of the employers involved, and of persons similarly qualified to present the viewpoint of the workers involved, as well as one or more representatives of health and safety agencies of the States. An advisory committee may also include such other persons as the Secretary may appoint who are qualified by knowledge and experience to make a useful contribution to the work of such committee, including one or more representatives of professional organizations of technicians or professionals specializing in occupational safety or health, and one or more representatives of nationally recognized standards-producing organizations, but the number of persons so appointed to any such advisory committee shall not exceed the number appointed to such committee as representatives of Federal and State agencies. Persons appointed to advisory committees from private life shall be compensated in the same manner as consultants or experts under section 3109 of title 5. The Secretary shall pay to any State which is the employer of a member of such a committee who is a representative of the health or safety agency of that State, reimbursement sufficient to cover the actual cost to the State resulting from such representative’s membership on such committee. Any meeting of such committee shall be open to the public and an accurate record shall be kept and made available to the public. No member of such committee (other than representatives of employers and employees) shall have an economic interest in any proposed rule.

(c)Use of services, facilities, and personnel of Federal, State, and local agencies; reimbursement; employment of experts and consultants or organizations; renewal of contracts; compensation; travel expenses

In carrying out his responsibilities under this chapter, the Secretary is authorized to—

(1)use, with the consent of any Federal agency, the services, facilities, and personnel of such agency, with or without reimbursement, and with the consent of any State or political subdivision thereof, accept and use the services, facilities, and personnel of any agency of such State or subdivision with reimbursement; and

(2)employ experts and consultants or organizations thereof as authorized by section 3109 of title 5, except that contracts for such employment may be renewed annually; compensate individuals so employed at rates not in excess of the rate specified at the time of service for grade GS–18 under section 5332 of title 5, including traveltime, and allow them while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5 for persons in the Government service employed intermittently, while so employed.

(d)Maritime Occupational Safety and Health Advisory Committee

There is established a Maritime Occupational Safety and Health Advisory Committee, which shall be a continuing body and shall provide advice to the Secretary in formulating maritime industry standards and regarding matters pertaining to the administration of this chapter related to the maritime industry. The composition of such advisory committee shall be consistent with the advisory committees established under subsection (b). A member of the advisory committee who is otherwise qualified may continue to serve until a successor is appointed. The Secretary may promulgate or amend regulations as necessary to implement this subsection.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (d), was in the original “this Act”, meaning Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590. For complete classification of this Act to the Code, see

Short Title

note set out under section 651 of this title and Tables.

Amendments

2019—Subsec. (d). Pub. L. 116–92 added subsec. (d).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsecs. (a)(1), (2) and (b) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education. Termination of Advisory CommitteesAdvisory committees in existence on

January 5, 1973, to terminate not later than the expiration of the 2-year period following

January 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§656 Administration