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ACCSH: Advisory Committee Charter


U.S. Department of Labor
Occupational Safety and Health Administration

ADVISORY COMMITTEE CHARTER

Advisory Committee on Construction Safety and Health

OFFICIAL DESIGNATION:

Advisory Committee on Construction Safety and Health (ACCSH)

AUTHORITY:

Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.), commonly known as the Construction Safety Act (CSA); Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.); 29 CFR 1911 and 1912; and Secretary of Labor's Order 1-2012 (77 FR 3912, 1/25/2012). ACCSH also acts in accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C. App.2) and its implementing regulations (41 CFR 102-3).

OBJECTIVES AND SCOPE OF ACTIVITY:

ACCSH advises the Secretary of Labor (the Secretary) and the Assistant Secretary of Labor for Occupational Safety and Health (the Assistant Secretary) in the formulation of construction safety and health standards, and related policy under the CSA and the OSH Act. ACCSH also advises the Secretary and the Assistant Secretary on safety and health provisions arising under CSA.

DESCRIPTION OF COMMITTEE DUTIES:

ACCSH's duties are solely advisory and consultative. The Committee advises the Secretary and the Assistant Secretary in the development of construction standards and policy matters arising under the CSA and OSH Act, and on policy matters arising in the administration of safety and health provisions of the CSA. The Assistant Secretary shall consult with ACCSH whenever OSHA proposes any occupational safety or health standards affecting construction activities.

AGENCY AND OFFICIAL TO WHOM THE COMMITTEE REPORTS:

ACCSH reports to the Secretary through the Assistant Secretary.

AGENCY PROVIDING THE NECESSARY SUPPORT TO THE COMMITTEE:

OSHA provides all necessary support for ACCSH.

ESTIMATED ANNUAL OPERATING COSTS IN DOLLARS AND STAFF YEARS:

The estimated annual operating costs and staff time for the committee in relation to the estimates in the expired charter are as follows:

      
$50,000 Travel and Per Diem: Non-Federal Members, unchanged
$3,000Travel and Per Diem for Federal member, unchanged
$200,000 Federal Staff Support, unchanged
$7,000Federal Staff Travel, unchanged
$12,000 Other (including copying, transcription services, audiovisual
equipment rental and services, and space rental), unchanged
_______  
$272,000 TOTAL

The estimated staff time is 1.5 years:

DESIGNATED FEDERAL OFFICER:

The Director of OSHA's Directorate of Construction, or other designee, serves as the Designated Federal Officer (DFO) for ACCSH. The DFO:

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

ESTIMATED NUMBER AND FREQUENCY OF MEETINGS:

ACCSH generally meets two to four times a year.

DURATION:

ACCSH is a continuing non-discretionary advisory committee of indefinite duration.

TERMINATION:

This Charter will expire two years from the date of filing.

MEMBERSHIP AND DESIGNATION:

ACCSH is composed of 15 representative members the Secretary appoints, one of whom the Secretary appoints as chair. The composition of the ACCSH is as follows:

  • Five members who are qualified by experience and affiliation to represent the viewpoint of employers involved;
  • Five members, similarly qualified, to represent the viewpoint of the employees involved;
  • Two representatives of state safety and health agencies;
  • Two members who are qualified by knowledge and experience to represent the public and make a useful contribution to work of the committee; and
  • One member who is the designee of the Secretary of Health and Human Services (29 CFR 1912.3).

Members generally serve staggered two-year terms, except for the designee of the Secretary of Health and Human Services, who has no fixed term. Members serve at the pleasure of the Secretary and may be appointed to successive terms or removed at any time and replaced.

Members receive no compensation for serving on the committee, but are allowed travel expenses, including per diem in lieu of subsistence (5 U.S.C. 5703).  They are not deemed to be employees of the United States by virtue of their membership on ACCSH.

COMMITTEE MEMBERSHIP:
Except as otherwise required by law, Committee membership will be consistent with the applicable FACA regulations, as follows:

  1. Membership on ACCSH will be fairly balanced;
  2. Members will come from a cross-section of those directly affected, interested, and qualified as appropriate to the nature and functions of ACCSH;
  3. The composition of ACCSH, therefore, will depend upon several factors, including:
    1. The Committee's mission;
    2. The geographic, ethnic, social, economic, or scientific impact of the Committee's recommendations;
    3. The types of specific perspectives required;
    4. The need to obtain divergent points of view on the issues before the Committee, such as, for example, those of consumers, technical experts, the public at-large, academia, business, or other sectors; and
    5. The relevance of state, local, or tribal governments to the development of the Committee's recommendations.

To the extent permitted by FACA and other laws, ACCSH 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.

SUBCOMMITTEES:

The DFO, in consultation with the ACCSH Chair, has authority to establish subcommittees and work groups. Subcommittees and work groups must report to ACCSH and are not authorized to provide advice or work products directly to OSHA.

RECORDKEEPING:

ACCSH Committee meetings are transcribed and detailed minutes are prepared. ACCSH subcommittee and work group meetings have detailed minutes prepared, which are reported to the subsequent ACCSH meeting. Records of ACCSH and its subcommittees or work groups 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 shall be available for public inspection and copying subject to the Freedom of Information Act (5 U.S.C. 552), and also will be available through the Federal eRulemaking Portal at www.regulations.gov.

DATE OF FILING:

This Charter is filed on the date shown below.

HILDA L. SOLIS
Secretary of Labor
November 26, 2012

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