U.S. Department of Labor
Occupational Safety and Health Administration
Maritime Advisory Committee on Occupational Safety and Health
Membership Balance Plan

1. Name

   Maritime Advisory Committee on Occupational Safety and Health (MACOSH or Committee)

2. Authority

   MACOSH is established and operated 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 8-2020 (85 FR 58393 (9/18/2020). In addition, MACOSH is established, operated, and renewed in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App. 2.), implementing regulations (41 CFR parts 101-6 and 102-3), and Department of Labor Manual Series Chapter 1-900 (3/25/2022).

3. Mission/Function

   MACOSH’s mission is 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 formulating maritime industry standards and regarding matters pertaining to the administration of the OSH Act in the maritime industry. The Assistant Secretary may seek the advice of this Committee on activities in the maritime industry related to the priorities set by the Agency, including: worker training, education, and assistance; setting and enforcing of standards; and assurance of safe and healthful working conditions for America’s working men and women in the maritime industry.

4. Points of View
   1. MACOSH comprises 15 representative members appointed by the Secretary as follows:
      1. Four members represent management;
      2. Four members represent labor;
      3. Three members represent the occupational safety and health professions; and
      4. 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.
   2. The Secretary appoints one of the 15 representative members 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.
   3. Special Agency Liaison. The Office of Workers’ Compensation Programs (OWCP) Director serves as MACOSH Special Agency Liaison (SAL), a non-voting role, due to OWCP’s work in administering the Longshore and Harbor Workers’ Compensation Act, which covers most waterfront workers. The SAL serves as an expert and technical advisor to MACOSH. The OWCP Director may designate an OWCP employee to serve as SAL.
   4. FACA Balance. Except as otherwise required by law, MACOSH membership will be consistent with applicable FACA regulations as follows:
      1. Membership will be fairly balanced, as specified in 41 CFR Appendix A to Subpart B of Part 102-3;
      2. Members will come from a cross-section of those parties directly affected, interested, and qualified as appropriate to the nature and functions of MACOSH;
      3. Membership, therefore, will depend upon several factors, including: (1) MACOSH’s mission; (2) the geographic, ethnic, social, economic, or scientific impact of MACOSH’s recommendations; (3) the types of specific perspectives required; (4) the need to obtain divergent points of view on the issues before MACOSH, such as those of employers, workers, technical experts, the public, academia, and other sectors; and (5) the relevance of state, local, or tribal governments to the development of MACOSH’s recommendations.
5. Other Balance Factors

   To the extent FACA and other laws permit, MACOSH membership is consistent with achieving the greatest impact, scope, and credibility among diverse stakeholders. The diversity in membership includes, but is not limited to, race, gender, disability, sexual orientation, and gender identity.

6. Candidate Identification Process
   1. The Occupational Safety and Health Administration (OSHA) employs a multi-faceted approach to inform the general public as well as the Department of Labor (DOL) workforce regarding vacancies on MACOSH and the period and requirements for submitting nominations. The following steps are among those that OSHA takes to solicit a broad and diverse range of qualified candidates:
      1. OSHA solicits candidates for MACOSH through a Federal Register notice requesting nominations for each vacancy. The notice specifies, among other things, that nominations must include the nominee’s résumé or curriculum vitae; membership in relevant organizations and associations; summary of the background, experience, and qualifications to serve on MACOSH; articles and other documents the nominee has authored indicating expertise in workplace safety and health; and a statement that the nominee has no conflicts of interest that would preclude membership on MACOSH.
      2. To promote widespread notification of vacancies, OSHA will work with others in DOL, other government agencies, past Committee members, and with diverse stakeholders throughout the country, including professional organizations, academia, and other qualified individuals in underserved communities, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality. OSHA will make every effort to ensure that its outreach includes individuals in underserved communities as well as organizations serving these underserved communities.
      3. OSHA’s outreach will include notification to those who have historically had limited awareness of and participation in MACOSH and its activities but whose interests may be implicated or affected by the work and/or recommendations of MACOSH.
   2. OSHA works in consultation with other DOL agencies, to include the Office of the Solicitor, in evaluating applications for expertise, experience, Committee balance and ethics concerns, such as conflicts of interest, through DOL’s well-established vetting and public records search procedures.
   3. The Secretary extends formal invitation letters to the candidates to serve on MACOSH. Members serve at the Secretary’s pleasure for two-year terms. The Secretary may reappoint any member to a successive term, or may remove and replace a member at any time. If a vacancy occurs during the term of a MACOSH member, the Secretary appoints the most appropriate candidate to fill the remainder of the unexpired term.
7. Subcommittee Balance

   To the extent possible, each MACOSH work group chair represents a different point of view as defined in Section 4. MACOSH members may serve on any MACOSH work group. These practices ensure that work groups are balanced and proportionate to the full Committee’s composition.

8. Date Updated

   December 2022