2010-8531. Request for Nominations To Serve on the Advisory Committee on Construction Safety and Health (ACCSH)

AGENCY:

Occupational Safety and Health Administration (OSHA), Labor.

ACTION:

Request for nominations to serve on the Advisory Committee on Construction Safety and Health (ACCSH).

SUMMARY:

The Assistant Secretary of Labor for Occupational Safety and Health invites interested parties to submit nominations for membership on ACCSH.

DATES:

Nominations for ACCSH must be submitted (postmarked, sent, transmitted, or received) by June 14, 2010.

ADDRESSES:

You may submit nominations and supporting materials by any one of the following methods:

Electronically: Nominations, including attachments, may be submitted electronically at http://www.regulations.gov,, the Federal e-Rulemaking Portal. Follow the online instructions for submitting nominations;

Facsimile: If your nomination and supporting materials, including attachments, do not exceed 10 pages, you may fax it to the OSHA Docket Office at [phone];

Mail, express delivery, hand delivery, messenger or courier service: Submit your nomination and supporting materials to the OSHA Docket Office, Docket No. OSHA-2010-0005, U.S. Department of Labor, N-2625, 200 Constitution Avenue, NW., Washington, DC 20210; telephone [phone] (TTY number [phone]). Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and OSHA Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t.

Instructions: All nominations and supporting materials must include the agency name and docket number for this Federal Register notice (Docket No. OSHA-2010-0005). Because of security-related procedures, submitting nominations by regular mail may result in a significant delay in their receipt. Please contact the OSHA Docket Office for information about security procedures for submitting nominations by hand delivery, express delivery, and messenger or courier service. For additional information on submitting nominations, see the “Public Participation” heading in the SUPPLEMENTARY INFORMATION section below.

All submissions in response to this Federal Register notice, including personal information provided, will be posted without change at http://www.regulations.gov. Therefore, OSHA cautions interested parties about submitting personal information such as social security numbers and birthdates.

Docket: To read or download submissions in response to this Federal Register notice, go to Docket No. OSHA-2010-0005 at http://www.regulations.gov. All documents in the docket are listed in the http://www.regulations.gov index; however, some documents (e.g., copyrighted material) are not publicly available to read or download through that Webpage. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT:

For press inquiries: Ms. Jennifer Ashley, Director, OSHA, Office of Communications, U.S. Department of Labor, Room N-3647, 200 Constitution Avenue, NW., Washington, DC 20210; telephone [phone].

For general information: Mr. Michael M.X. Buchet, OSHA, Office of Construction Services, Directorate of Construction, Room N-3468, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone [phone]; e-mail address [e-mail].

SUPPLEMENTARY INFORMATION:

The Assistant Secretary of Labor for Occupational Safety and Health invites interested parties to submit nominations for membership on ACCSH.

Background. ACCSH is a continuing advisory committee established under Section 107 of the Contract Work Hours and Safety Standards Act (Construction Safety Act)(40 U.S.C. 3704(d)(4)), to advise the Secretary of Labor in formulating construction safety and health standards as well as on policy matters arising under the Construction Safety Act (CSA) and the Occupational Safety and Health Act of 1970 (OSH Act)(29 U.S.C. 651 et seq.). In particular, 29 CFR 1911.10(a) and 1912.3(a) provide that the Assistant Secretary shall consult ACCSH whenever the Agency proposes any safety or health standard that affects the construction industry.

ACCSH operates in accordance with the CSA, the OSH Act, the Federal Advisory Committee Act (FACA)(5 U.S.C. App. 2), and regulations issued pursuant to those statutes (29 CFR part 1912, 41 CFR part 102-3). ACCSH generally meets two to four times a year.

ACCSH membership. ACCSH is comprised of 15 members appointed by the Assistant Secretary. The categories of ACCSH membership and the number of new members to be appointed are:

• Five members who are qualified by experience and affiliation to present the viewpoint of employers in the construction industry: Two employer representatives will be appointed;
• Five members who are similarly qualified to present the viewpoint of employees in the construction industry: Two employee representatives will be appointed;
• Two representatives of State safety and health agencies: One representative of State safety and health agencies will be appointed;
• Two public members, qualified by knowledge and experience to make a useful contribution to the work of ACCSH, such as those who have professional or technical experience and competence with occupational safety and health in the construction industry: One public representative will be appointed; and
• One representative designated by the Department of Health and Human Services and appointed by the Secretary of Labor serves an indefinite term: No appointment is needed.

ACCSH members serve staggered two-year terms, unless they resign, cease to be qualified, become unable to serve, or are removed (29 CFR 1912.3(e)). A qualified ACCSH member whose term has expired may continue to serve until a successor is appointed. ACCSH members may be appointed to successive terms. Any member absent from two consecutive ACCSH meetings may be removed or replaced. No member of ACCSH, other than members who represent employers or employees, shall have an economic interest in any proposed rule that affects the construction industry (29 CFR 1912.6).

The Department of Labor is committed to equal opportunity in the workplace and seeks broad-based and diverse ACCSH membership. Any interested person or organizations may nominate one or more individuals for membership on ACCSH. Interested persons also are invited and encouraged to submit statements in support of particular nominees.

Submission requirements. Nominations must include the following information:

(1) Nominee's contact information (address, telephone, e-mail) and current employment or position;

(2) Nominee's resume or curriculum vitae, including prior membership on ACCSH and other relevant organizations and associations;

(3) Categories of membership (employer, employee, public, State safety and health agency) that the nominee is qualified to represent;

(4) A summary of background, experience and qualifications that addresses the nominee's suitability for each of the nominated membership categories;

(5) Articles or other documents the nominee has authored that indicate the nominee's knowledge, experience and expertise in occupational safety and health, particularly as it pertains to the construction industry; and

(6) A statement that the nominee is aware of the nomination, is willing to regularly attend and participate in ACCSH meetings, and has no conflicts of interest that would preclude membership on ACCSH.

Member selection. Information received through this nomination process in addition to other relevant sources of information will assist the Assistant Secretary in selecting members for ACCSH. In selecting ACCSH members, the Assistant Secretary will consider individuals nominated in response to this Federal Register notice as well as other qualified individuals. OSHA will publish the list of new ACCSH members in the Federal Register.

Public Participation

Instructions for submitting nominations: All nominations, supporting documents, attachments and other materials must identify the Agency name and the docket number for this notice (Docket No. OSHA-2010-0005). You may submit materials: (1) Electronically at http://www.regulations.gov,, (2) by FAX, or (3) by hard copy. You may supplement electronic submissions by attaching electronic files. Alternatively, if you wish to supplement electronic submissions with hard copy documents you must submit them to the OSHA Docket Office and clearly identify your electronic submission by Agency name and docket number (Docket No. OSHA-2010-0005), so that the materials can be attached to the electronic submission.

Materials submitted by mail may experience significant delays because of security-related procedures. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger or courier service, please contact the OSHA Docket Office.

All submissions, including personal information provided, will be posted in the docket without change, therefore, OSHA cautions interested parties about submitting personal information such as social security numbers and birth dates.

Guidance on submitting nominations and supporting materials is available on-line at http://www.regulations.gov and from the OSHA Docket Office.

Access to docket. All submissions in response to this Federal Register notice are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download from that Web page. All submissions, including materials not available on-line, are available for inspection and copying at the OSHA Docket Office (see ADDRESSES section). For information about accessing materials in Docket No. OSHA-2010-0005, including materials not available on-line, contact the OSHA Docket Office.

Access to Federal Register notice. Electronic copies of this Federal Register document are available at http://www.regulations.gov. This document, as well as news releases and other relevant information, is available at OSHA's Web page at http://www.osha.gov.

Authority and Signature

David Michaels, PhD, MPH, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice under the authority granted by section 7 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 656), section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704), the Federal Advisory Committee Act (5 U.S.C. App. 2), 29 CFR part 1912, 41 CFR part 102-3, and Secretary of Labor's Order No. 5-2007 (72 FR 31160).

Signed at Washington, DC, this 7th day of April 2010.

David Michaels,

Assistant Secretary of Labor for Occupational Safety and Health.