Question: How can FFSHCs receive funding for training?

Answer:

FFSHCs that wish to sponsor training should provide the FAPO with a proposed budget request that adequately describes all proposed training activities and all expected expenses, such as fees for room rentals, training aids or materials, travel, and instructors, etc. Due to the need for incorporating FFSHC budget requests into the Region's overall budgetary considerations, FFSHC proposed budget requests for the following calendar year should be submitted to the FAPO by the first of September. OSHA will assess the proposed activities and resource needs, and determine whether the FFSHCs will receive funds for the activities. Please note that OSHA funding for one FFSHC activity cannot be redirected to another activity without asking for and receiving OSHA's approval.

Question: Can FFSHCs charge and collect membership dues to support council activities?

Answer:

No. FFSHCs cannot collect dues from federal agencies or from non-federal members for any purpose. While there is no prohibition on FFSHC members voluntarily pooling their own money to pay for refreshments at meetings, the FFSHCs must not collect and/or hold these monies.

Question: Can FFSHCs partner with a federal agency to sponsor training?

Answer:

Yes. A Federal agency wishing to sponsor training may seek assistance from the FFSHC for various support functions, such as identifying training needs, serving as a clearinghouse for information about registration for the course, suggesting trainers, or providing FFSHC experts to assist in conducting the course. However, the Federal agency must handle financial and contractual matters. If the FFSHC safety or health experts who assist in conducting the training are Federal employees, they must not receive additional compensation. If a sponsoring agency decides that it is lawful and appropriate to collect fees to defray the direct and indirect costs of training (room and audiovisual rental, copying course materials, instructor fees) it is important that the training not be identified as FFSHC or OSHA training. FFSHCs are under OSHA jurisdiction and control.

Question: Can FFSHC members contact members of Congress and encourage them to give OSHA more money for FFSHCs?

Answer:

No. Members may not make such contacts as spokespersons or representatives on behalf of FFSHCs. While every Federal employee has the right to contact his or her elected representatives in a personal capacity and on matters of personal concern, such contacts must not be made on government time or with government resources. The member must also make it clear that he or she is contacting the Representative or Senator as a constituent and not as a representative of OSHA, his or her agency, or on behalf of the FFSHC. This means that he or she may only use personal stationery and may not use a government title. Provisions of Federal law, including criminal law, govern contacts with Congress.

Question: Are agencies required to participate in FFSHCs?

Answer:

No. 29 CFR 1960.84(b) permits Federal agency heads to define which of their field activities will participate in FFSHC meetings and events. It is the Federal agency's decision to participate in and support an FFSHC.

Question: Can FFSHCs develop and operate webpages?

Answer:

No. Depending on budgetary considerations, OSHA may develop a webpage for each FFSHC and arrange for a link for each webpage. There are guidelines and requirements for OSHA-sponsored webpages and, since FFSHCs are OSHA entities, careful review of FFSHC webpage content by OSHA is necessary.

Question: Are Field Federal Safety and Health Councils (FFSHCs) advisory committees?

Answer:

No. FFSHCs are an "extension" of OSHA for outreach, training, and communication purposes; but, they are not advisory committees. They do not develop or establish OSHA policy and they do not operate under the conditions required by the Federal Advisory Committee Act.

Question: Can my FFSHC enter into a contract with a private vendor for goods or services?

Answer:

No. FFSHCs and their officers or members are not authorized to contract with non-Federal persons or organizations for goods or services. OSHA does not delegate fiscal authority to FFSHCs, so they cannot handle or commit funds.

Question: Are there any restrictions for Associate Members?

Answer:

Yes. They include, among others, restrictions on FFSHCs’ acceptance of gifts and voluntary services from an Associate Member. In addition, inappropriate use of the services of an Associate Member may inadvertently create a Federal employment relationship that may raise questions under the conflict of interest laws and regulations. For these reasons, Associate Members should not be asked to help write or produce reports or plans, or to help perform other Council projects. In addition, Associate Members may not hold any office. Federal employees must perform these activities. While Associate Members may choose to share their personal or professional experiences with the FFSHCs, the FFSHC should seek legal advice from the U.S. Department of Labor before permitting Associate Members to participate in any substantial activities that raise questions in connection with these restrictions. Associate Members are not considered Federal employees for any purpose. They do not receive compensation, payment, or benefits of any kind from the Federal government and are not regarded as providing services to the government.

Question: Can FFSHCs engage in moneymaking activities?

Answer:

No. FFSHCs cannot engage in moneymaking endeavors. FFSHCs and their officers or members are not authorized to contract with private vendors, collect or disperse fees for goods or services, retain monies, incur expenses, bill for such activities, or lend the name of OSHA or DOL in support of a private vendor. Collecting money from outside sources, such as private sector vendors, would be an illegal augmentation of OSHA's appropriation. In addition, FFSHCs cannot endorse goods or services offered by private sector vendors.