§ 656. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC656]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 656. Administration
(a) National Advisory Committee on Occupational Safety and Health;
establishment; membership; appointment; Chairman; functions;
meetings; compensation; secretarial and clerical personnel
(1) There is hereby established a National Advisory Committee on
Occupational Safety and Health consisting of twelve members appointed by
the Secretary, four of whom are to be designated by the Secretary of
Health and Human Services, without regard to the provisions of title 5
governing appointments in the competitive service, and composed of
representatives of management, labor, occupational safety and
occupational health professions, and of the public. The Secretary shall
designate one of the public members as Chairman. The members shall be
selected upon the basis of their experience and competence in the field
of occupational safety and health.
(2) The Committee shall advise, consult with, and make
recommendations to the Secretary and the Secretary of Health and Human
Services on matters relating to the administration of this chapter. The
Committee shall hold no fewer than two meetings during each calendar
year. All meetings of the Committee shall be open to the public and a
transcript shall be kept and made available for public inspection.
(3) The members of the Committee shall be compensated in accordance
with the provisions of section 3109 of title 5.
(4) The Secretary shall furnish to the Committee an executive
secretary and such secretarial, clerical, and other services as are
deemed necessary to the conduct of its business.
(b) Advisory committees; appointment; duties; membership; compensation;
reimbursement to member's employer; meetings; availability of
records; conflict of interest
An advisory committee may be appointed by the Secretary to assist
him in his standard-setting functions under section 655 of this title.
Each such committee shall consist of not more than fifteen members and
shall include as a member one or more designees of the Secretary of
Health and Human Services, and shall include among its members an equal
number of persons qualified by experience and affiliation to present the
viewpoint of the employers involved, and of persons similarly qualified
to present the viewpoint of the workers involved, as well as one or more
representatives of health and safety agencies of the States. An advisory
committee may also include such other persons as the Secretary may
appoint who are qualified by knowledge and experience to make a useful
contribution to the work of such committee, including one or more
representatives of professional organizations of technicians or
professionals specializing in occupational safety or health, and one or
more representatives of nationally recognized standards-producing
organizations, but the number of persons so appointed to any such
advisory committee shall not exceed the number appointed to such
committee as representatives of Federal and State agencies. Persons
appointed to advisory committees from private life shall be compensated
in the same manner as consultants or experts under section 3109 of title
5. The Secretary shall pay to any State which is the employer of a
member of such a committee who is a representative of the health or
safety agency of that State, reimbursement sufficient to cover the
actual cost to the State resulting from such representative's membership
on such committee. Any meeting of such committee shall be open to the
public and an accurate record shall be kept and made available to the
public. No member of such committee (other than representatives of
employers and employees) shall have an economic interest in any proposed
rule.
(c) Use of services, facilities, and personnel of Federal, State, and
local agencies; reimbursement; employment of experts and
consultants or organizations; renewal of contracts;
compensation; travel expenses
In carrying out his responsibilities under this chapter, the
Secretary is authorized to--
(1) use, with the consent of any Federal agency, the services,
facilities, and personnel of such agency, with or without
reimbursement, and with the consent of any State or political
subdivision thereof, accept and use the services, facilities, and
personnel of any agency of such State or subdivision with
reimbursement; and
(2) employ experts and consultants or organizations thereof as
authorized by section 3109 of title 5, except that contracts for
such employment may be renewed annually; compensate individuals so
employed at rates not in excess of the rate specified at the time of
service for grade GS-18 under section 5332 of title 5, including
traveltime, and allow them while away from their homes or regular
places of business, travel expenses (including per diem in lieu of
subsistence) as authorized by section 5703 of title 5 for persons in
the Government service employed intermittently, while so employed.
(Pub. L. 91-596, Sec. 7, Dec. 29, 1970, 84 Stat. 1597; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsecs. (a)(1), (2)
and (b) pursuant to section 509(b) of Pub. L. 96-88 which is classified
to section 3508(b) of Title 20, Education.
Termination of Advisory Committees
Advisory committees in existence on January 5, 1973, to terminate
not later than the expiration of the 2-year period following January 5,
1973, unless, in the case of a committee established by the President or
an officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Section Referred to in Other Sections
This section is referred to in section 655 of this title.