OSHCON

CONSTITUTION

AND

BYLAWS

April 29, 2002

THE CONSTITUTION AND BYLAWS

OF THE

NATIONAL ASSOCIATION OF

OCCUPATIONAL SAFETY AND HEALTH

CONSULTATION PROGRAMS

The Constitution and Bylaws of the

National Association of

Occupational Safety and Health Consultation Programs

TABLE OF CONTENTS

Page

Article I Name......................................................................... 1

Article II Purposes.................................................................. 1

Article III Membership............................................................. 1

Article IV Organization............................................................. 2

Article V Election of Officials.................................................. 3

Section 1. Nominations............................................................. 3

Section 2. Annual Meeting........................................................ 3

Section 3. Elections................................................................... 3

Section 4. Terms........................................................................ 4

Section 5. Vacancies................................................................. 4

Article VI Duties of the Officers............................................... 4

Section 1. Duties of the President............................................ 4

Section 2. Duties of the Vice-President.................................. 4

Section 3. Duties of the Treasurer............................................ 4

Section 4. Duties of the Secretary............................................ 4

Section 5. Duties of the Regional Directors……………….. 5

Article VII Executive Board………………………………….. 5

Article VIII Finances................................................................... 5

Section 1. Dues.......................................................................... 5

Section 2. Fiscal Year................................................................ 5

Section 3. Expenditures............................................................ 5

Article IX Meetings................................................................... 6

Section 1. Annual Meeting........................................................ 6

Section 2. Announcements....................................................... 6

Section 3. Rules of Order.......................................................... 6

Section 4. Voting........................................................................ 6

Article X Committees.............................................................. 6

Section 1. ByLaws Committee................................................. 6

Section 2. Legislative Committee............................................ 7

Section 3. Education Committee............................................. 7

Section 4. Standards Committee............................................. 7

Section 5. Appointment of Other Committees........................ 7

Article XI Amendments to the Constitution and Bylaws....... 7

Article XII Dissolution Provision............................................... 8

iii

This organization shall be known as the National Association of Occupational Safety and Health Consultation Programs and shall be known by the acronym OSHCON.

It shall be the purpose of this organization to encourage the cooperation of all occupational safety and health consultation programs of the several states of the United States and its territories and the United States government which are charged with the administration of laws and regulations addressing consultation programs for worker safety and health; to encourage improvement in the administration of such laws and regulations; and to serve as a forum for the exchange of information in the field of occupational safety and health consultation.

Membership. Membership shall be available to the designated department, agency, state university or other governmental unit of each state or territory that administers safety and/or health consultation programs.

ARTICLE IV

Region III: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia,

Region V: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin (Health and Safety).

ARTICLE V

Section 1. Nominations. The president shall appoint a nominating committee to propose candidates for each office at least 60 days prior to the annual meeting where the election will take place.

Section 2. Annual Meeting. For the purpose of election the "Annual Meeting" will be the Annual Consultation Conference. Should, for some reason, that meeting be cancelled, the election for that year will be performed through the balloting of all members.

The nominating committee will compile a slate of officers and ensure that each position provides a contested race. The nominations made by the committee will be presented to the membership. No vote is necessary to accept such nominations. Thereafter, the president will call for and accept nominations for each office from the floor. The nominations need not be seconded.

Once the nominating process is complete, the nominating committee will prepare paper ballots for all contested offices, such secret ballots will be distributed to voting members. One vote will be allowed for each member. At no time should this process be set aside for a hand, voice or standing vote where two (2) or more candidates have been nominated for an office. The nominating committee will assure an orderly election, total the count and advise the president of that count. Should the Annual Consultation Conference be cancelled, the president will provide ample time for the nominating committee to obtain nominations other than their recommendations. Thereafter, ballots are to be sent to all members.

Directors (10), one from each of the ten (10) regions, will be elected by the Project Managers of their region only. Nominations will be made by the membership of that region, not the appointed nominating committee. If there is only one nominee, a voice or hand vote from the members of that region will be sufficient to elect. If there is more than one nominee, paper ballots will be made by the nominating committee, distributed to members of that particular region and thereafter collected and counted.

The immediate past president will be automatically appointed to the position of director. This directorship will be an additional position to the ten (10) regional directorships.

Section 4. Terms. All officers shall be elected to two-year terms and shall hold office until their successors are elected and qualified. Directors shall serve two-year staggered terms, i.e., Directors in even-numbered regions shall be elected in even years and Directors in odd-numbered regions shall be elected in odd years.

Section 1. Duties of the President. The president shall preside at all meetings of the Association and the Executive Board; shall appoint all committees and serve as an ex officio member of such committees; shall sign such records, vouchers, and other documents connected with the work of the Association requiring such signature.

the duties of the president in his absence, and in case of a vacancy in the presidency shall succeed to that office.

Section 3. Duties of the Treasurer. The treasurer shall receive and have charge of all dues and other monies; shall pay all bills of the Association only upon authorization and the counter signature of the president, vice-president, or secretary; shall keep a full and complete record of all receipts and disbursements; and shall perform such other fiscal duties as may be directed by the Executive Board. The treasurer shall present a detailed written report for receipts and expenditures to each annual meeting. The treasurer shall issue disbursements and pay expenses only in accordance with written fiscal policies established by the Executive Board.

Section 4. Duties of the Secretary. The secretary shall have charge of books, papers, records, and other documents of the Association; shall keep minutes of all meetings of the Association and the Executive Board thereof; shall compile statistics and other data as may be required for the use of the members of the Association, and shall perform such other duties as may be directed by the Executive Board. The secretary shall keep a complete record of the proceedings of the annual meeting and other meetings of the Executive Board that may be held, and as promptly as possible, the Executive Board shall publish in whole or in part the proceedings.

Section 5. Duties of the Regional Directors. In addition to serving as members of the Executive Board, the regional directors may organize and conduct meetings between Association annual meetings within the geographical limits of the respective regions.

There shall be an Executive Board consisting of ten (10) regional directors, the president, the vice-president, secretary, treasurer, and the immediate past president, which shall conduct the business of the Association. A majority of the board shall constitute a quorum. All decisions shall be decided by a majority vote of those present at duly announced meetings of the Board.

Section 1. Dues. The Executive Board shall establish written policies and procedures regarding membership fees. Membership fee amounts must be approved by a two-thirds vote of the membership. Annual dues and/or registration fees for membership may be set by the Executive Board. Fees must be paid before or at meetings in order to entitle members to representation and a right to vote.

Section 2. Fiscal Year. The fiscal year of the Association shall be from October 1 through September 30.

Section 3. Expenditures. The Executive Board shall establish written fiscal policy governing the disbursement types and amounts that require Board approval.

Section 1. Annual Meeting. The Association shall hold an official annual business meeting at such time and place as the Executive Board may decide.

Notice of the time and place of the annual meeting of the association shall be provided to the membership at least 60 calendar days prior to the meeting.

Notice of the time and place of each meeting of the Executive Board shall be provided to the members of the Executive Board at least 30 calendar days prior to such meeting.

Section 3. Rules of Order. The deliberations of all meetings of the Association and its Executive Board shall be governed by Robert's Rules of Order.

A. During voting of the full membership, each member shall be limited to one vote which may be cast by the administrator of the member agency or that person's duly designated representative in attendance at the meeting.

B. During voting of the Executive Board, each Officer and Director shall be limited to one vote. The votes of the Officers and the Past President shall not be cast by proxy. Regional Directors who will be absent during all or part of a meeting of the Executive Board may designate another member from their respective regions to represent them in attendance and to vote in their place."

Section 1. Bylaws Committee. There shall be a standing Bylaws Committee whose duties shall be to review the constitution and bylaws of the Association and from time to time initiate recommendations for any changes which it feels will better serve the purpose of the Association.

Section 2. Legislative Committee. There shall be a standing Legislative Committee whose duties shall be to review national legislation and state legislation that may affect the Onsite Consultation program. The Legislative Committee shall, at the direction of the President or Executive Board, in consultation with the membership, develop and recommend to the Executive Board, policy positions relative to current public issues affecting, or potentially affecting, worker safety and health. Upon approval by the Executive Board, such policies shall constitute official policy of the Association, unless and until modified or revoked by the membership.

Section 3. Education Committee. There shall be a standing Education Committee whose duties are to review training programs, literature, and other informational sources that would be of benefit to the Onsite Consultation program. The committee shall also make periodic need-assessment surveys of the membership for training and literature. The committee shall develop and keep current a listing of materials developed or used by the Onsite Consultation programs. The chair of this committee shall be the formal liaison for OSHCON with the OSHA Training Institute.

Section 4. Standards Committee. There shall be a standing Standards Committee whose duties are to review proposed occupational safety and health standards. The committee shall gather input from the membership on any proposed standard for the purpose of a possible coordinated response from OSHCON.

Section 5. Appointment of Other Committees. The president shall appoint such other committees as the Association or the Executive Board may deem necessary to effectuate the purposes of the organization.

The Constitution and Bylaws may be amended by either of the following procedures:

be filed with the president at least thirty (30) days before the annual meeting.

(b) An amendment to the Constitution and Bylaws may be proposed at any time by the Executive Board, or by any member, to the Association. In such case, the proposed amendment shall be forwarded to each member by the secretary together with a ballot upon which the members may indicate their choice. If the vote of the total membership is two-thirds affirmative, the amendment will become effective upon notice to each member by the secretary.

DISSOLUTION PROVISIONS

Upon dissolution of this corporation, any assets remaining after satisfaction of all legal and valid indebtedness of the corporation, shall devolve to the Occupational Safety and Health State Plan Association (OSHSPA), a legally constituted, non-profit organization dedicated to workplace safety and health.