U.S. Department of Labor
Occupational Safety and Health Administration
National Advisory Committee on Occupational Safety and Health
Charter

OFFICIAL DESIGNATION

National Advisory Committee on Occupational Safety and Health (NACOSH)

AUTHORITY

NACOSH is established under and operates in accordance with Section 7(a) of the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651, 656); 29 CFR 1912a; and Secretary of Labor's Order 8-2020 (85 FR 58393 (9/18/2020)). NACOSH also operates in accordance with the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App. 2), its implementing regulations (41 CFR 102-3 ), and Department of Labor Manual Series Chapter 1-900 (8/3 l /2020).

OBJECTIVES AND SCOPE OF ACTIVITIES

NACOSH advises, consults with, and makes recommendations to the Secretary of Labor (the Secretary) and the Secretary of Health and Human Services (HHS) on matters relating to the administration of the OSH Act (29 U.S.C. 656(a)(2)). The Secretary and HHS Secretary may consult with and seek advice and recommendations from NACOSH on Agency priorities, including:

  • Leadership in the national dialogue on worker safety and health;
  • Strong, fair and effective enforcement of Occupational Safety and Health Administration (OSHA) standards;
  • Expanded compliance assistance;
  • Guidance and research, including research needs and priorities;
  • Expanded partnerships and voluntary programs;
  • Regulatory matters; and
  • Other activities to help reduce work-related deaths, injuries and illnesses.

The Secretary and HHS Secretary also may consult with and seek advice and recommendations from NACOSH on new areas and emerging issues involving occupational safety and health.

DESCRIPTION OF DUTIES

NACOSH's duties are solely advisory and consultative. NACOSH's advice will help the Secretary and HHS Secretary in terms of providing substantive input on workplace safety and health issues; ideas to reduce worker deaths, injuries and illnesses; and feedback on OSHA and HHS initiatives to improve worker safety and health.

AGENCY OR OFFICIAL TO WHOM THE COMMITTEE REPORTS

NACOSH reports and submits advice and recommendations to the Secretary and the HHS Secretary through OSHA.

AGENCY PROVIDING SUPPORT TO THE COMMITTEE

OSHA provides all necessary support for NACOSH (29 U.S.C. 656(a)( 4); 29 CFR l 912a.9).

ESTIMATED ANNUAL OPERATING COSTS AND STAFF YEARS

The estimated annual operating costs are approximately $195,840, including 1.5 staff years.

DESIGNATED FEDERAL OFFICER (DFO)

The Deputy Director of OSHA's Directorate of Standards and Guidance or designee, serves as the NACOSH DFO. The DFO:

  • Calls and approves all NACOSH, subcommittee and work group meetings;
  • Prepares and approves all meeting agendas in consultation with the NACOSH Chair;
  • Attends all NACOSH, subcommittee and work group meetings;
  • Adjourns any meeting when the DFO determines adjournment to be in the public interest;
  • Chairs meetings when the official to whom NACOSH reports so directs;
  • Assembles and maintains NACOSH rep01is, records and documents; and
  • Carries out the provisions of the Freedom oflnformation Act (FOIA) (5 U.S.C. 552) with respect to NACOSH reports, records, and other papers.

ESTIMATED NUMBER AND FREQUENCY OF MEETINGS

NACOSH meets two to four times per year.

DURATION

Pursuant to the OSH Act, NACOSH is a continuing non-discretionary advisory committee of indefinite duration.

CHARTER TERMINATION

This Charter expires two years after the date of filing.

MEMBERSHIP AND DESIGNATION

NACOSH is comprised of 12 representative members whom the Secretary appoints (29 U.S.C. 656(a)(l)). The composition ofNACOSH is as follows:

  • Two members representing management;
  • Two members representing labor;
  • Two members representing occupational health professions. The HHS Secretary designates these members;
  • Two members representing occupational safety professions; and
  • Four members representing the public. The HHS Secretary designates two of these members (29 CFR 1912a.2).

The Secretary appoints one public member to serve as Chair (29 U.S.C. 656(a)(l)).

Except as otherwise required by law, NACOSH membership is consistent with applicable F ACA regulations, as follows:

  • Membership on NACOSH is fairly balanced in terms of the points of views represented and the functions to be performed;
  • Members come from a cross-section of those directly affected, interested, and qualified, as appropriate, to the nature and functions ofNACOSH;
  • The composition ofNACOSH considers and depends upon several factors, including:
    • NACOSH's mission;
    • The geographic, ethnic, social, economic, or scientific impact of the NACOSH's recommendations;
    • The types of specific perspectives required;
    • The need to obtain divergent points of view on the issues before NACOSH, such as, for example, those of consumers, technical experts, the public, academia, business, workers, and other sectors; and
    • The relevance of state, local or tribal governments to the development of NACOSH' s recommendations.

To provide Committee continuity, the Secretary appoints NACOSH members to staggered twoyear terms. At the discretion of the Secretary, members may be appointed to successive terms and removed at any time (29 CFR 1912a.3).

Members do not receive compensation for serving on NACOSH, but are allowed travel expenses, including per diem in lieu of subsistence (5 U.S.C. 5703). Members are not deemed to be employees of the United States by virtue of their membership on NACOSH.

SUBCOMMITTEES AND WORK GROUPS

OSHA, in consultation with the NACOSH Chair, may establish any number of subcommittees and work groups for the purpose of assisting NACOSH in carrying out its functions (29 CFR l 912a.13(a)). The purpose of subcommittees and work groups is to provide advice and make recommendations solely to the full NACOSH Committee (29 CFR l 912a.13(b)). Under no circumstances may any subcommittee or work group report directly to the Agency (29 CFR l 912a.13(b )).

RECORD KEEPING

OSHA transcribes and prepares detailed minutes for all NACOSH Committee and subcommittee meetings. OSHA also prepares detailed minutes for all work group meetings. OSHA places transcripts, meeting minutes, work products and other materials presented at NACOSH Committee, subcommittees and work group meetings into the public docket. The public docket is available for inspection and downloading at http://www.regulations.gov. In addition, all records ofNACOSH and its subcommittees and work groups are handled in accordance with General Records Schedule 6.2, Federal Advisory Committee Records, or other approved agency records disposition schedule. These records are available for public inspection and copying, pursuant to FOIA.

FILING DATE

This Charter is filed on the date below.

EUGENE SCALIA
Secretary of Labor

Date: Oct 02 2020