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

1. Name

   National Advisory Committee on Occupational Safety and Health (NACOSH or Committee)

2. Authority

   NACOSH is established and operates in accordance with Section 7(a) of the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651, 656); 29 CFR 1912a; and Secretary of Labor's Order 8-2020 (85 FR 58393 (9/18/2020)). NACOSH also operates in accordance with the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. 10), its implementing regulations (41 CFR 102-3), and Department of Labor Manual Series Chapter 1-900 (3/25/2022).

3. Mission/Function

   NACOSH's duties are solely advisory and consultative. NACOSH advises, consults with, and makes recommendations to the Secretary of Labor (Secretary) and the Secretary of Health and Human Services (HHS) on matters relating to the administration of the OSH Act. The Secretary and HHS Secretary may consult with and seek advice and recommendations from NACOSH on Agency priorities, including:

   1. Leadership in the national dialog on worker safety and health;

   2. Strong, fair, and effective enforcement of Occupational Safety and Health Administration (OSHA) standards;

   3. Expanded compliance assistance;

   4. Guidance and research, including research needs and priorities;

   5. Expanded partnerships and voluntary programs;

   6. Regulatory matters; and

   7. Other activities to help reduce work-related deaths, injuries and illnesses.

   NACOSH's advice will help the Secretary and HHS Secretary in terms of providing substantive input on workplace safety and health issues; ideas for reducing worker deaths, injuries and illnesses; and feedback on OSHA and HHS initiatives to improve occupational safety and health.

4. Points of View
   1. The OSH Act established the specific membership composition and representation for NACOSH. The OSH Act specifies that NACOSH comprise the following 12 representative members whom the Secretary appoints:

      1. Two members representing management;

      2. Two members representing labor;

      3. Two members representing occupational safety professions;

      4. Two members representing occupational health professions. The HHS Secretary designates these members; and

      5. Four members representing the public. The HHS Secretary designates two of these members (29 CFR 1912a.2). The Secretary appoints a public representative to serve as NACOSH Chair.

   2. The OSH Act also specifies that members be selected on the basis of their experience and competence in the field of occupational safety and health.
   3. FACA Balance. NACOSH membership will be consistent with applicable FACA regulations, as follows. NACOSH membership will be fairly balanced. NACOSH members will come from a cross-section of those directly affected, interested, and qualified as appropriate to the nature and functions of NACOSH. NACOSH membership will consider and depend on several factors, including (1) NACOSH's mission; (2) the geographic, ethnic, social, economic, or scientific impact of NACOSH's recommendations; (3) the types of perspectives required; (4) the need to obtain divergent points of view on the issues before NACOSH, such as those of consumers, technical experts, the public, academia, business, workers, and other sectors; and (5) the relevance of state, local, or tribal governments to the development of NACOSH's recommendations.
5. Other Balance Factors

   To the extent FACA and other laws permit, NACOSH 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

   The Designated Federal Officer (DFO) requests nominations for NACOSH through a Federal Register notice (FRN) and on OSHA's website. Interested persons have a minimum of 30 days to submit nominations. The FRN specifies that nominations must include:

   1. The nominee's resume or curriculum vitae;

   2. The nominee's membership in relevant organizations and associations;

   3. A summary of the nominee's background, experience, and qualifications to serve on NACOSH;

   4. A list of articles and other documents the nominee has authored that indicates the nominee's expertise in worker safety and health; and

   5. A statement that the nominee has no conflicts of interest that would preclude membership on NACOSH.

   The Agency's outreach will include notification to those who have historically had limited awareness of, and participation in, the Committee and its activities, but whose interests may be directly implicated or affected by the Committee's work or recommendations. To promote widespread notification of vacancies, the Agency will work with others in the Department, 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. The Agency will make every effort to ensure that its outreach includes individuals in underserved communities as well as organizations serving these underserved communities.

   OSHA screens each application for whether the applicant has timely submitted all required documentation and meets the minimal qualification for NACOSH membership. Typically, the DFO leads this effort. In addition, OSHA works in consultation with other Department agencies, to include the Office of the Solicitor, in evaluating applications for committee balance and ethics concerns, such as conflicts of interest, through the Department's well-established vetting and public record search procedures. Both the Department and HHS vet HHS's designees, who are subject to the same vetting and background check procedures as the Department nominees. In selecting NACOSH members, the Agency will consider individuals nominated in response to the FRN, as well as other qualified individuals.

   Members serve at the pleasure of the Secretary for staggered, two-year terms. At the discretion of the Secretary, members may be appointed to successive terms or removed at any time. If a vacancy occurs because a member resigns, becomes unqualified to serve, or is removed; the Secretary appoints a new member who represents the same interest as the predecessor to serve the remainder of the unexpired term.

7. Subcommittee Balance

   NACOSH subcommittees and work groups are open to NACOSH members. As such, they generally maintain the same balance as the committee as a whole. To the extent possible, each NACOSH subcommittee and work group will include at least one labor and one management representative.

8. Date Updated

   September 2024