Maritime Advisory Committee Charter | Occupational Safety and Health Administration

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 or Committee)
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 08-2020 (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.), its implementing regulations (41 CFR parts 101-6 and 102-3), and Department of Labor Manual Series Chapter1-900 (3/25/2022).
Objectives and Scope of Activities
MACOSH's objective is to obtain advice for the Secretary of Labor (Secretary) through the Assistant Secretary of Labor for Occupational Safety and Health (Assistant Secretary) from abroad 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.
Description of Duties
The Committee's duties are solely advisory and consultative. The Occupational Safety and Health Administration (OSHA) may seek advice from the Committee on a variety ofsubjects, which may include the development of guidance and outreach materials tailoredto specific sectors of the industry, rulemaking to update occupational safety and healthstandards, and other activities to reduce work-related death, injuries, and illnesses. TheCommittee's advice is expected to inform the Agency on conditions in the maritime industryand steps that OSHA might take to reduce maritime injuries and illnesses; the Committee mayalso 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 AssistantSecretary.
Support
OSHA provides all necessary support for MACOSH as required by 29 U.S.C. 656(c) and 29CFR 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
The Director of OSHA's Office of Maritime and Agriculture, or designee, will serve as theDesignated Federal Officer (DFO). The DFO or DFO's designee will:
1. Call or approve all MACOSH meetings and the meetings of MACOSH subcommittees and informal work groups;
2. Prepare and approve all meeting agendas in consultation with the MACOSH Chair;
3. Attend all MACOSH meetings and meetings of MACOSH subcommittees and informalwork groups;
4. Adjourn any meeting when the DFO determines adjournment to be in the public interest;
5. Chair meetings when the official to whom MACOSH reports so directs;
6. Assemble and maintain the reports, records, and other papers of MACOSH; and
7. 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.
Termination
This charter will expire two years from the date of filing.
Membership and Designation
1. Representation
  1. MACOSH comprises 15 representative members appointed by the Secretary. The composition of MACOSH is 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.
2. Member Terms. 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 anytime. Members are not deemed to be employees of the United States by virtue of their membership on MACOSH.
3. Membership Requirements
  1. Except as otherwise required by law, MACOSH membership is consistent with applicable FACA regulations, as follows: (1) MACOSH membership will be balanced fairly in terms of the points of view represented and the functions to be performed; (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) the Committee's composition will therefore depend upon several factors, including: (a) the Committee's mission; (b) the geographic, ethnic, social, economic, or scientific impact of the Committee's recommendations; (c) the types of specific perspectives required, for example, those of employers, workers, technical experts, the public at-large, academia, business, or other sectors; (d) the need to obtain divergent points of view on the issues before the Committee; and (e) the relevance of state, local, or tribal governments to the development of the Committee's recommendations.
  2. 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.
4. Travel Expenses. 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.
5. 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 is invited to serve as an expert and technical advisor to MACOSH. The OWCP Director may designate an OWCP employee to serve as MACOSH SAL.
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, or work products directly to the Assistant Secretary or the Secretary.
Recordkeeping
MACOSH meetings are transcribed and detailed minutes are prepared. The chair of eachsubcommittee and work group prepares reports, which they present to the full Committee.Transcripts, Committee meeting minutes, work products, and other materials presented atMACOSH meetings are entered into a public docket, which is available for inspection anddownloading at http://www.regulations.gov, the Federal eRulemaking Portal. In addition, allrecords of MACOSH and its subcommittees and work groups are handled in accordance with theNational Archives and Records Administration's General Records Schedule 6.2, FederalAdvisory Committee Records. These records are available pursuant to the Freedom ofInformation Act (5 U.S.C. 552).
Filing Date
This charter is filed on the date below.

MARTIN J. WALSH
Secretary of Labor
Date: Dec 9 2022