COMMITTEE'S OFFICIAL DESIGNATION.The Federal Advisory Council on Occupational Safety and Health (FACOSH).
AUTHORITY. The FACOSH is established and operates in accordance with 5 U.S.C. 7902(c); Occupational Safety and Health Act of 1970 (29 U.S.C. 651, 668); Executive Order (EO) 11612, and continued by EO 11807, 11948, 12110, 12258, 12399, 12534, 12610, 12692, 12774, 12869, 12974, 13062, 13138, 13225, 13316, 13385, 13466, 13511, 13585; and, most recently, EO 13652 (78 FR 61817, 10/4/2013); EO 12196; 29 CFR Part 1960; and Secretary of Labor's Order 4-2010 (75 FR 55355, 9/10/2010), and most recently by Order 1-2012 (77 FR 3912, 1/2/2012) . The FACOSH operates in accordance with the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App. 2), and its implementing regulations (41 CFR 102-3).
OBJECTIVES AND SCOPE OF ACTIVITIES.The FACOSH advises the Secretary of Labor (Secretary) on matters, policies, plans, and programs relating to the occupational safety and health of federal employees.
DESCRIPTION OF DUTIES.The FACOSH advises, consults with, and makes recommendations to the Secretary on the development and maintenance of effective occupational safety and health programs and policies, and on ways to reduce and keep to a minimum the number and severity of workplace injuries and illnesses in the Federal Government. In addition, the FACOSH acts as a clearinghouse for federal departments and agencies on occupational safety and health-related information.
AGENCY OR OFFICIAL TO WHOM THE COMMITTEE REPORTS.The FACOSH reports and submits advice and recommendations to the Secretary, through the Assistant Secretary of Labor for Occupational Safety and Health (Assistant Secretary).
AGENCY PROVIDING SUPPORT TO THE COMMITTEE.The Occupational Safety & Health Administration (OSHA), through its Directorate of Enforcement Programs, Office of Federal Agency Programs (OFAP), provides all necessary support for the FACOSH.
ESTIMATED ANNUAL OPERATING COSTS AND STAFF YEARS.The estimated annual operating costs are approximately $200,000, including 2.0 staff years.
DESIGNATED FEDERAL OFFICER.The Director of OFAP, or his/her designee, serves as the Designated Federal Officer (DFO). The DFO shall:
ESTIMATED NUMBER AND FREQUENCY OF MEETINGS.FACOSH meets at least two (2) times per calendar year.
DURATION.The need for the FACOSH is continuing; however, it is subject to termination pursuant to Section 11 below.
TERMINATION.Unless extended by the President, the FACOSH will terminate on September 30, 2015.
MEMBERSHIP AND DESIGNATION.FACOSH consists of sixteen (16) representative members appointed by the Secretary. Eight (8) members represent management of federal departments and agencies (management members), and eight (8) members are from labor organizations representing federal employees (labor members). Members serve at the pleasure of the Secretary for a term not exceeding three (3) years. The Secretary may reappoint any member to a successive term. Except as otherwise required by law, Committee membership shall be consistent with applicable FACA regulations, as follows: a) Membership on FACOSH shall be fairly balanced; b) Members shall come from a cross-section of those directly affected, interested, and qualified as appropriate to the nature and functions of FACOSH; c) the composition of the Committee will therefore depend upon several factors, including: i) FACOSH's mission; ii) the geographic, ethnic, social, economic, or scientific impact of FACOSH's recommendations; iii) the types of specific perspectives required; iv) the need to obtain divergent points of view on the issues before FACOSH, such as, for example, those of consumers, technical experts, the public at-large, academia, business, or other sectors; and v) the relevance of State, local or tribal governments to the development of FACOSH's recommendations. To the extent permitted by FACA and other laws, FACOSH membership also should be consistent with achieving the greatest impact, scope and credibility among diverse stakeholders. The diversity in such membership includes, but is not limited to, race, gender, disability, sexual orientation and gender identity. Members do 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. Members are not deemed to be employees of the United States by virtue of their membership on FACOSH. The Secretary or his/her designee serves as the FACOSH Chair. The FACOSH Chair may designate a representative to preside at a FACOSH meeting if the Chair is not able to attend.
SPECIAL AGENCY LIAISONS (SALs).SALs from the Department of Labor - Bureau of Labor Statistics and Office of Workers' Compensation Programs; Department of Health and Human Services - National Institute of Occupational Safety and Health; General Services Administration; and Office of Personnel Management shall serve as permanent expert and technical advisors to FACOSH due to the unique relationship between the mission of those agencies and the occupational safety and health of the Federal workforce.
SUBCOMMITTEES.The Secretary, through the FACOSH Chair, may establish any number of subcommittees and informal workgroups for the purpose of assisting the FACOSH in carrying out its functions. Subcommittees and informal work groups may not work independently of the FACOSH, and may not report directly to the Secretary or OSHA. Subcommittees and informal workgroups only may provide advice and recommendations to the FACOSH for deliberation. Representation on subcommittees shall be balanced and proportionate to that of FACOSH itself. The FACOSH Chair shall appoint subcommittee chairs. Members of FACOSH subcommittees need not be members of FACOSH, but only FACOSH members may vote at subcommittee meetings.
RECORDKEEPING.All FACOSH meetings are transcribed and detailed minutes are prepared. Meeting transcripts, meeting minutes, work products, and other materials presented at FACOSH meetings are entered into a public docket, which is available for inspection and downloading at http://www.regulations.gov, the Federal eRulemaking Portal. Records of the FACOSH and its subcommittees or workgroups shall be handled in accordance with General Records Schedule 26, Item 2, "Records Created by Advisory Commissions, Committees, Councils, Boards and Other Groups Established under the Federal Advisory Committee Act (FACA)." These records are available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552.
This Charter is filed on the date below.
THOMAS E. PEREZ
Secretary of Labor
December 2, 2013 Date
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