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

OFFICIAL DESIGNATION

Maritime Advisory Committee on Occupational Safety and Health (MACOSH)

AUTHORITY

MACOSH is established and operates in accordance with Section 7(d) of the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 656); 29 CFR part 1912; and Secretary of Labor’s Order 08-2020 (85 FR 58393, 9/18/2020). In addition, MACOSH is established and operates in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App. 2.), its implementing regulations (41 CFR parts 101-6 and 102-3), and Department of Labor Manual Series Chapter 1-900 (8/31/2020).

OBJECTIVES AND SCOPE OF ACTIVITIES

To obtain advice for the Secretary of Labor (Secretary) through the Assistant Secretary of Labor for Occupational Safety and Health (Assistant Secretary) from a broad range of representatives from the maritime industry, in order to inform the administration of the OSH Act with respect to that industry. The Assistant Secretary may seek the advice of this Committee on activities related to priorities set by the Agency, including: worker training, education, and assistance; setting and enforcing standards; and assuring safe and healthful working conditions in the maritime industry. This Charter renews MACOSH in accordance with the provisions of FACA and its implementing regulations.

DESCRIPTION OF DUTIES

The Committee’s duties are solely advisory and consultative. OSHA may seek advice from the Committee on a variety of subjects, which may include the development of guidance and outreach materials tailored to specific sectors of the industry, rulemaking to update occupational safety and health standards, and other activities to reduce work-related death, injuries, and illnesses. The advice of the Committee is expected to inform the Agency on conditions in the maritime industry and steps that OSHA might take to reduce maritime injuries and illnesses; the Committee may also provide feedback on Agency initiatives affecting the industry.

AGENCY OR OFFICIAL TO WHOM THE COMMITTEE REPORTS

MACOSH reports and submits recommendations to the Secretary through the Assistant Secretary.

AGENCY PROVIDING SUPPORT TO THE COMMITTEE

OSHA provides all necessary support for MACOSH as required by 29 U.S.C. 656(c) and 29 CFR part 1912 (sections 1912.31, 1912.32, 1912.40, and 1912.41).

ESTIMATED ANNUAL OPERATING COSTS AND STAFF YEARS

The estimated annual operating costs are approximately $212,260, including 1 staff year.

DESIGNATED FEDERAL OFFICER (DFO)

The Director of OSHA’s Office of Maritime and Agriculture, or his or her designee, will serve as the DFO. The DFO or his or her designee shall:

  • Call or approve all MACOSH meetings and the meetings of MACOSH subcommittees and informal work groups;
  • Prepare and approve all meeting agendas in consultation with the MACOSH chair;
  • Attend all MACOSH meetings and meetings of MACOSH subcommittees and informal work groups;
  • Adjourn any meeting when the DFO determines adjournment to be in the public interest;
  • Chair meetings when the official to whom MACOSH reports so directs;
  • Assemble and maintain the reports, records, and other papers of MACOSH; and
  • Carry out the provisions of the Freedom of Information Act (FOIA) (5 U.S.C. 552) with respect to MACOSH reports, records, and other papers.

ESTIMATED NUMBER AND FREQUENCY OF MEETINGS

MACOSH will meet up to two times per year.

DURATION

Pursuant to the OSH Act and implementing regulations, MACOSH is a continuing non-discretionary advisory committee of indefinite duration.

CHARTER TERMINATION

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

MEMBERSHIP AND DESIGNATION

MACOSH comprises 15 representative members appointed by the Secretary, and one Special Agency Liaison (SAL). The SAL, head of the Office of Workers’ Compensation Programs, is a non-voting member selected because of that office’s work in administering the Longshore and Harbor Workers’ Compensation Act, which covers most waterfront workers.

One of the 15 representative members is appointed by the Secretary to serve as the Committee chair. The Assistant Secretary may designate a Committee member to preside at a MACOSH meeting if the chair is not able to attend.

The composition of the Committee will depend upon several factors, including: (i) the Committee’s mission; (ii) the geographic, ethnic, social, economic, or scientific impact of the Committee’s recommendations; (iii) the types of specific perspectives required, for example, those of employers, workers, technical experts, the public at-large, academia, business, or other sectors; (iv) the need to obtain divergent points of view on the issues before the Committee; and (v) the relevance of state, local, or tribal governments to the development of the Committee’s recommendations.

Membership on MACOSH will be balanced fairly. Members will come from a cross-section of those parties directly affected, interested, and qualified as appropriate to the character and functions of MACOSH.

Consistent with the foregoing, the composition of MACOSH is as follows:

  • Four members represent management;
  • Four members represent labor;
  • Three members represent the occupational safety and health professions; and
  • Four members represent government: one must be from a state safety and health agency, and one must be designated by the Secretary of the Health and Human Services.

Members serve two-year terms. At the discretion of the Secretary, members may be appointed to successive terms, or may be removed and replaced at any time.

Members do not receive compensation for serving on MACOSH, 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 MACOSH.

SUBCOMMITTEES

The MACOSH chair, with OSHA’s approval, may establish any number of subcommittees and informal work groups for the purpose of assisting MACOSH in carrying out its functions. Subcommittees and informal work groups may give advice, recommendations, and work products solely to MACOSH, but are not authorized to provide such advice, recommendations, and work products directly to the Assistant Secretary or the Secretary.

RECORDKEEPING

MACOSH meetings are transcribed and detailed minutes are prepared. The chair of each subcommittee and work group prepares reports, which they present to the full Committee. Transcripts, Committee meeting minutes, work products, and other materials presented at MACOSH meetings are entered into a public docket, which is available for inspection and downloading at http://www.regulations.gov, the Federal eRulemaking Portal. In addition, all records of MACOSH and its subcommittees and work groups are handled in accordance with the National Archives and Records Administration’s General Records Schedule 6.2, Federal Advisory Committee Records. These records are available pursuant to the Freedom of Information Act (5 U.S.C. 552).

FILING DATE

This Charter is filed on the date indicated below.

EUGENE SCALIA
Secretary of Labor

Date: Dec 11 2020