The name of the organization shall be the Federal Advisory Council on Occupational Safety and Health (FACOSH).
FACOSH is authorized by 5 U.S.C. 7902; Section 19 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651,668); Executive Order 11612, and continued by Executive Orders 11807, 11948, 12110, 12196, 12258, 12399, 12534, 12610, 12692, 12774, 12869, 12974, 13062, 13138, 13225, 13316, 13385, 13466, and 13511; 29 CFR Part 1960 - Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters; and Secretary of Labor's Order (72 FR 31160).
FACOSH is established to advise the Secretary of Labor (the Secretary) on matters relating to the occupational safety and health of federal employees. These matters include the development, implementation and maintenance of effective occupational safety and health programs in each federal agency for all of its employees. FACOSH also acts as a clearinghouse for information related to the occupational safety and health of all federal employees.
The objectives of FACOSH include:
SECTION 1 - Composition. FACOSH shall consist of sixteen (16) representative members appointed by the Secretary. Eight members shall represent federal agency management, and eight members shall be from labor organizations that represent federal employees.
SECTION 2 - Management Members. Management members should be the Designated Agency Safety and Health Official (DASHO) for their agencies or have sufficient authority and responsibility to act on behalf of the; agencies regarding matters related to occupational safety and health.
SECTION 3 - Labor Members. Labor members should have responsibility for federal employee occupational safety and health-related matters in their organization.
SECTION 4 - Terms.
SECTION 5 - Participation. By accepting membership, FACOSH members shall commit to fully participate in the Council. Members are expected to attend all FACOSH meetings and actively participate in Council initiatives. Members who are absent from three consecutive meetings shall have their membership evaluated to determine their continued interest in serving on FACOSH. This evaluation may result in removal of the member.
SECTION 6 - Nominations.
SECTION 7 - Compensation. Members shall not receive compensation for serving on FACOSH, but are allowed travel expenses, including per diem in lieu of subsistence, as authorized by 5 U.S.C. 5703.
SECTION 1 - Chair. As the Secretary's designee, the Assistant Secretary of Labor for Occupational Safety and Health shall serve as Chair of FACOSH.SECTION 2 - Subcommittees.
SECTION 3 - Operational Procedures. FACOSH shall operate in accordance with procedures set forth in these Bylaws and Operating Procedures, the Federal Advisory Committee Act (FACA) (5 U.S.C. App.), and regulations implementing FACA (41 CFR Part 102-3).
SECTION 1 - Chair. The Chair shall preside at all FACOSH meetings, facilitate member discussion, and oversee FACOSH votes. The Chair may designate a representative to preside over a meeting if he or she is unavailable to attend.
SECTION 2 - Members. Members are expected to attend all meetings and actively participate in deliberations on topics identified by or presented to FACOSH for review and consideration.
SECTION 3 - Designated Federal Official. The Designated Federal Official (DFO) shall work closely with the FACOSH Chair to:
SECTION 4 - Special Agency Liaisons. Because of the unique relationship that exists between the mission of certain federal agencies and occupational safety and health in federal workplaces, the FACOSH Chair may appoint Special Agency Liaisons (SALs) from those agencies to provide advice and guidance to FACOSH. SALs may participate in the deliberations of FACOSH, but are not permitted to vote. Agencies with SALs are not precluded from also having management members on FACOSH.
SECTION 5 - Experts and Consultants. When the FACOSH chair deems appropriate, experts or consultants may be made available to FACOSH. With the consent of FACOSH, any expert or consultant may participate in the deliberations of the Council, but they are not permitted to vote.
SECTION 6 - Agency Staff. The Office of Federal Agency Programs, Occupational Safety and Health Administration. U.S. Department of Labor, shall provide administrative services to support FACOSH.
SECTION 7 - Counsel. The Office of the Solicitor shall provide legal assistance necessary and appropriate for FACOSH to carry out its functions in accordance with the OSH Act, FACA and implementing regulations, Executive Order 12196 and related continuation Executive Orders, and other applicable laws and regulations.
SECTION 1 - Call of Meetings. FACOSH meetings shall be held only at the call of the DFO.
SECTION 2 - Agenda. Each FACOSH meeting shall be conducted in accordance with an agenda approved by the DFO. Members may propose items for the agenda. At least one week before a scheduled meeting, the DFO shall furnish members with the agenda for the meeting.
SECTION 3 - Notice of Meetings. The DFO shall provide public notice of any FACOSH meeting in the Federal Register at least fifteen (15) calendar days in advance of the meeting. In exceptional circumstances, OSHA may give less than 15 days notice, provided that the reasons for doing so are included in the FACOSH meeting notice published in the Federal Register. The meeting notice shall:
SECTION 4 - Quorum. A quorum shall consist of a majority of the current members of FACOSH so long as there are present at least one management and one labor member.
SECTION 5 - Voting. Only FACOSH members shall be permitted to vote during FACOSH meetings and FACOSH subcommittee meetings. If a member is unable to attend a meeting, they may notify the DFO and request that another member representing the same interest be permitted to vote in their place on the matters coming before the Council during that particular meeting.
SECTION 6 - Parliamentary Procedure. FACOSH meetings shall follow the most recent edition of Robert's Rules of Order.
SECTION 7 - Number of Meetings. FACOSH shall hold at least two meetings per calendar year.
SECTION 8 - Special Meetings. The DFO may call a special meeting of FACOSH upon the request of at least four members.
SECTION 9 - Meeting Records.
FACOSH records will be handled in accordance with FACA and the Department of Labor's approved records disposition schedule.
FACOSH may serve as advisors in the establishment of a program for the honorary recognition of outstanding contributions to the advancement of occupational safety and health in the federal government.
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