(a) There is established within the executive branch of the District, a District of Columbia Occupational Safety and Health Board. The Board shall be composed of 7 members appointed by the Mayor, with the advice and consent of the Council from among those residents of the District who by reason of training, education, or experience are qualified to carry out the functions of the Board.

(b) The Board shall:

(1) Promulgate occupational safety and health standards in accordance with § 32-1108;

(2) Determine variances in accordance with §§ 32-1110 and 32-1111; and

(3) Adopt rules of procedure to govern its orderly operation and the orderly operation of the Commission in accordance with the subchapter I of Chapter 5 of Title 2.

(c) Except as provided in subsection (d) of this section, each member of the Board shall be appointed for a term of 3 years.

(d)(1) The Mayor shall designate a Chairperson of the Board to serve for a term of 3 years.

(2) Two persons shall be appointed from the private sector to represent management, 1 for an initial term of 3 years and 1 for an initial term of 1 year.

(3) Two persons shall be appointed from the private sector to represent labor, 1 for an initial term of 3 years and 1 for an initial term of 1 year.

(4) One person shall be appointed from the public management sector to represent management for an initial term of 2 years.

(5) One person shall be appointed from the public labor sector to represent labor for an initial term of 2 years.

(e) The composition of the Board shall be representative of the working age population of the District in terms of race, ethnic origin, and sex.

(f) Whenever a vacancy on the Board occurs before the end of a term, the Mayor, with the advice and consent of the Council, shall appoint a person to complete the remainder of that term.

(g) The Mayor shall submit nominations to the Board to the Council within 60 days of the date of approval of the plan. The Board shall begin operation when a majority of the members are sworn in. A majority of the members shall constitute a quorum. A quorum is necessary to conduct the business of the Board.

(h) A member of the Board may continue to serve after the expiration of that member’s term until a successor is appointed and sworn into office.

(i) The Mayor may remove a member of the Board for incompetence, misconduct, or neglect of duty, after notice to the member.

(Mar. 16, 1989, D.C. Law 7-186, § 6, 35 DCR 8250.)

1981 Ed., § 36-1205.

This section is referenced in § 32-1101, § 32-1106, § 32-1107, and § 32-1124.

Section effective: Section 26 (a) of D.C. Law 7-186 (§ 32-1124(a)) provided that §§ 36-1202, 36-1203, 36-1205 to 36-1223 (§§ 32-1102, 32-1103, 32-1105 to 32-1123, 2001 Ed.), and the repeal of subchapter II of Chapter 2 of Title 36 (Chapter 8 of Title 32, 2001 Ed.) shall apply 2 years after approval of the plan by the Secretary.

Delegation of authority pursuant to D.C. Law 7-186, the “District of Columbia Occupational Safety and Health Act of 1988”, see Mayor’s Order 89-121, May 31, 1989.