FY 2001 Performance Report

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OSHRC

Year 2001

Performance Report

March 2002

Occupational Safety and Health Review Commission

Annual Performance Report

Fiscal Year (FY) 2001

Report Overview

The Government Performance and Results Act (GPRA) of 1993 requires Federal agencies to submit a progam

performance report to the President and Congress not later than March 31, 2002 for FY 2001. The Review

Commission's Annual Program Performance Report (APPR) for FY 2001 was prepared in accordance with

guidance contained in OMB Circular No. A-11, which explains the requirements of the GPRA. We submit this report

in compliance with statutory and regulatory requirements.

In September 1997, the Review Commission developed a Strategic Plan which built upon its progress since 1994.

The agency's Strategic Plan provided details of our specific goals and objectives for fiscal years 1997 through 2002.

In September 2000, the Review Commission revised its Strategic Plan for fiscal years 2000-2005, consistent with

GPRA and OMB requirements. The agency's FY 2001 Annual Performance Plan (APP) incorporated the goals and

objectives included in the 1997 Strategic Plan. In FY 2001 the Review Commission revised some of the Public

Service goals, objectives and indicators in its FY 2001 Performance Plan to make them more consistent with the

revised Strategic Plan for fiscal years 2000-2005. This APPR reports on a combination of the goals and objectives

included in the 1997 and 2000 strategic plans, the APP for FY 2001 and Revised Final APP for FY 2001.

Revisions to our FY 2001 APP were also made based on performance data for fiscal years 1999 and 2000. We

revised several targets for our quantitative performance measures, and refined and discontinued some of our

performance goals. The Revised Final APP for FY 2001 reflects a change in the measurement of our Public

Service Goals (P1, P2, P4, P5, P6, P7). We changed our performance indicators from "reducing cycle time" to

"increasing the percent of cases" adjudicated by our administrative law judges and Commissioners. We also put the

adjudication of older and/or more complex cases on separate time frames from the new or less complex cases.

These changes were necessary because the profile of our cases and the adjudication mix between the more

complex cases and the less complex cases at the trial and appellate levels were not conducive to a progressive

reduction of cycle time, contrary to what the Review Commission had predicted in 1997. Moreover, because of the

lack of a quorum and/or third member at the Commission level during fiscal year 1998 and part of fiscal 1999, the

age of pending cases continued to grow. This created a disincentive to resolve such old cases in order to meet the

cycle time goal. The revised final performance plan goals more appropriately facilitate the Review Commission's

ability to carry out its statutory mandate and reflect its objective of disposing of all cases in a timely manner. (1)

During FY 2001, the Review Commission met 89% percent of the FY 2001 goals set forth in its FY 2001 APP. The

agency performed well in the areas of case adjudication for cases that proceeded to hearing at the trial level or

were directed for review by the Commissioners, case settlement disposition within six months, external

communications, information technology enhancements, human resource management programs, and quality

business processing improvements. We missed, by a slight margin, our goal of reducing the percent of settlements

at the trial level that exceed the one year cycle time and placing our scanned decisions dating back to 1980 on our
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website. While we did not meet all our FY 2001 APP goals, there was overall significant improvement in

performance compared to fiscal years 1999 and 2000. In fact, the agency met 89% percent of its goals in FY 2001,

compared to 80 percent of its FY 2000 goals and 68 percent of its FY 1999 goals.

There continue to be a variety of factors that affect our ability to meet our cycle time goals. These include: (1)

continued presence of a quorum and/or third member at the Commission level; (2) the magnitude and nature of the

cases received at the Review Commission; (3) the success of the parties' settlement negotiations and the agency's

settlement process initiatives (Settlement Part) in reducing the number of hearings needed; and (4) the number,

location, length and complexity of trials held. Although these factors are largely outside the Review Commission's

control, the Strategic Plan and the APP acknowledge that the Review Commission is committed to working within

such constraints to improve its service to the public.

A summary comparing the FY 2001 target level of performance for each performance indicator with the actual level

of performance follows this report overview. The numbering of the performance objectives has been changed from

that identified in the FY 2001 APP and Revised Final FY 2001 APP to make it easier to account for each objective

and measurement for which activity occurred in fiscal year 2001. Consistent with GPRA requirements, we have also

summarized the program evaluations completed during this fiscal year. The performance report section is organized

by strategic goal. An introductory section under each goal summarizes the FY 2001 performance for that goal.

A complete copy of the Review Commission's 1997 Strategic Plan and Revised Strategic Plan may be obtained at

our website, www.oshrc.gov.

FISCAL YEAR 2001 REPORT SUMMARY

PERFORMANCE GOAL INDICATORS/

TARGET

MET/

YES/NO

ACTUAL PERFORMANCE

1. Increase the percent of noncomplex cases disposed of with

hearing that are disposed of

within 325 days

70% within 325

days

YES 83% non-complex decisions issued

within 325 days at the ALJ level

2. Increase the percent of

complex cases disposed of,

with hearing that are disposed

of within 18 months

70% within 540

days

YES 100% complex decisions issued within

540 days at the ALJ level

3. Increase the percent of cases

that are disposed of without a

hearing that are disposed of

within six months

70% within 180

days

YES 78% disposed of without hearing within

180 days at the ALJ level

4. Increase the percent of cases

that are disposed of without a

hearing that are disposed of in

one year

99% within 365

days

NO 98% disposed of without hearing within

365 days at the ALJ level

5. Increase the percent of

Commission-level dispositions

issued within 325 days

50% with 325 days YES 56% dispositions issued within 325 days

at the Commission level

6. Reduce the number of cases

pending Commission-level

disposition for more than two

years

25% of the number

of cases pending

more than 2 years

YES 36% reduction of those cases pending at

the Commission level

7. Extent to which Review

Commission decisions and

other publications and

information are made available

electronically through the

agency's world wide website

75% of effort NO 70% of effort completed. We installed a

new search engine with greater

searching capabilities for older decisions.

We scanned many of our oldest

decisions, but did not upload all the

scanned decisions onto the website

because of delays in contractor

performance
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8. Improve the frequency of

publication of CD-ROMs for use

by litigants, libraries, and other

interested parties

2 YES Three new CD ROMS published

9. Improve and strengthen

mechanisms for

communications between the

Review Commission and

entities that have an interest in

its activities

100% YES E-Z Trial survey completed

10. Develop enhancement to

case management/tracking

system

50% of effort YES Modified and streamlined reporting

functions, and created a team to

establish common definitions

11. Complete wide area

network and improve

communications with regional

offices

50% of effort YES Increased bandwidth and

communications to foster greater security

in regional offices, and online training

opportunities for employees

12. Enhance Review

Commission research

capabilities by providing

necessary research tools to all

employees

50% of effort YES Knowledge management and technology

teams created to work on assessing and

improving automation and research tools

and efficiency

13. Level of completion of

integrated financial

management information

system

Maintain YES Maintained until conversion to a new

financial service provider is in place

14. Develop Intranet

Communications

50% of effort YES Intranet for national office employees

installed and makes accessible

commonly shared documents

15. Delivery of needed training

measured in hours

average 40 hours

per employee

YES Employees received an average of 40

hours training, with 70% receiving more

than 40 hours

16. Recruit and maintain a

diverse, and highly motivated

staff

50% of effort YES Prepared workforce succession plan,

started to design knowledge

management strategies and developed

competencies for mainstream

occupations

17. Identify, define, and

enhance agency values and an

agency culture that incorporates

our values

50% of effort YES Completed baseline survey and

assessed key aspects of current and

target culture

18. Percentage of staff provided

quality management and quality

team leader training

100% YES Completed training for all employees

19. Number of teams appointed

for key business processes to

be evaluated and reengineered

to achieve improved

performance

2 YES Three teams were created--technology

team, financial provider search team,

and case management/tracking team

Background on the Review Commission

The Review Commission is an independent, adjudicatory agency created by the Occupational Safety and Health
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Act of 1970. Its sole statutory mandate is to serve as an administrative court providing just and expeditious

resolution of disputes involving the Occupational Safety and Health Administration (OSHA), employers charged with

violations of Federal safety and health standards, and employees and/or their representatives. The Review

Commission was created by Congress as an agency completely independent of the Department of Labor to ensure

that OSHA's enforcement actions are carried out in accordance with the law and that all parties are treated

consistent with due process should a dispute arise.

Employers contesting citations are entitled to a hearing before the Review Commission's administrative law judges.

The Occupational Safety and Health Act and the Review Commission's Rules of Procedure provide two levels of

adjudication when an employer timely contests an OSHA citation for alleged violations of the Act or failure to abate

such alleged violations. The first is a trial level before an Administrative Law Judge (ALJ). This level affords an

opportunity for a hearing before a Review Commission ALJ for employers who have filed a timely notice of contest.

The judge's decision becomes final unless the Commission reviews the decision. The second level is a

discretionary appellate review of the judge's decision by the Commission's members. The Review Commission has

three members, appointed by the President and subject to Senate confirmation, who serve six year terms. Both

before its judges and the Commissioners, the Review Commission seeks to provide fair, impartial, and timely

adjudication of cases concerning the safety and health of employees' working conditions in the United States.

The principal (national) office of the Review Commission is located in Washington, D.C. There are also regional

offices in Atlanta and Denver where some of the Review Commission's Administrative Law Judges and staff are

assigned.

2000 Mission Statement

The mission of the Occupational Safety and Health Review Commission is to provide an impartial forum for the

just and prompt adjudication of workplace safety and health disputes involving the Department of Labor, employers,

and employees, and/or their representatives under the Occupational Safety and Health Act of 1970.

2000 Vision Statement

The Review Commission continues to strive to be:

a quasi judicial body that is -- and is recognized for being -- objective, fair, prompt, and professional;

an agency that creates a body of law through its decisions that defines and explains the rights and responsibilities

of employers and employees under the Occupational Safety and Health Act of 1970;

a model Federal agency with highly effective processes, a highly motivated, qualified and diverse workforce, and

modern information management, communications, and administrative systems; and

an agency that values team work, develops its employees, and strives to improve its performance, service, and

value to the American people.

Fiscal Year 2000 Strategic Plan Goals

In 1997, the Review Commission established goals to effectively accomplish its mission. We defined two broad

external goals to improve the agency's service to and its communication with its stakeholders and the public and

three operational goals -- Information Technology, Human Resource, Quality Management -- critical to the overall

mission performance of the agency. When the Review Commission issued its Revised Strategic Plan for 2000-

2005, we modified and realigned our performance goals. We continued our two broad external goals to improve the

agency's service to and communications with its stakeholders and the public. However, we combined the three

operational goals into one operational goal to align more closely with the overall mission of the agency.
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Public Service Goal:To assure fair, just, and expeditious adjudication of disputes brought before the Commission

and its judges, and achieve a high level of quality in all legal decisions

External Communications Goal: To enhance the efficiency and effectiveness of communications between the

Commission and the public it serves

Organizational Goal: To further develop and invest in a highly effective, motivated, and diverse workforce

equipped with modern information, technology, and communications systems to facilitate the accomplishment of its

goals, meet program needs and increase organizational effectiveness and efficiency

Performance Data Verification

For each strategic goal and its related objectives, the Review Commission formulated performance measures and

annual targets, numerical whenever possible. A few measures are necessarily qualitative in nature. Case

processing and adjudication measurements are used for several objectives contained in our Public Service Goal.

Most of the data related to the Public Service Goal resides in the Review Commission's case management/tracking

system. In order to assure the quality of the data, we review the information in the case management/tracking

system periodically. In FY 2001 more than 2,300new cases were filed with the agency and each case was entered

and progress was tracked throughout the life of the case. We conduct test runs of the data to ensure that

information is input and updated ona timely basis. Quarterly and semi-annual reviews are conducted by the

appropriate managers to ensure accuracy of the data and to monitor performance goals and progress. The

appropriate management officials analyze the data and ensure the accuracy of test runs and the reports produced.

At the end of the year, this data is used by the offices to measure performance related to the goal.

Program Evaluation

The Review Commission contracted for independent evaluations to be completed in FY 2001 for the following

areas: (1) E-Z Trial program, (2) financial audit of FY 2000 financial statements, and (3) computer security. We are

using the recommendation from each of these reviews to develop management initiatives and annual goals.

The E-Z Trial program evaluation focused on issues of implementation, program goals, and participant satisfaction.

(2) The sources of data for each area of the evaluation were derived from the interviews of internal stakeholders,

surveys of the external and internal participants in E-Z Trial, or archival data. There were three categories of survey

participants: employers and their representatives, Department of Labor attorneys, and Review Commission judges.

A control group of cases that proceeded through conventional Review Commission processes was compared to E-Z

Trial cases. The evaluation also compared the results of the E-Z Trial program to the Simplified Proceeding. (3) In

addition to presenting a number of recommendations, the overall evaluation yielded the following results:

Program implementation was effective and the program is generally being implemented in accordance with

its goals; however, a majority of survey participants do not believe the program should be mandatory

Survey responses suggest that E-Z Trial has varied impacts on settlement

Participants are generally satisfied with the fairness of the outcomes in the pre-hearing telephone

conference call and the overall E-Z Trial hearing; however, a majority were less satisfied with the fairness of

the E-Z Trial hearing process, the control they had in the hearing, and the amount of information exchanged

during the hearing

The E-Z Trial and Simplified Proceedings cases are statistically indistinguishable with regard to the number

of items cited, the number of items contested, and number of parties involved in the case. However, there

are statistically significant differences with regard to sum or penalties proposed by OSHA, final penalties

imposed by the Review Commission in the two proceedings, and the processing time of E-Z Trial cases as

compared to Simplified Proceeding cases.

We received a financial audit of the Review Commission's financial status as of September 30, 2000. The auditors

found that our financial statements were free of material misstatement, there were no instances of noncompliance

with laws and regulations that were required to be reported under Government Auditing Standards and OMB

guidance, and no instances were disclosed in which the agency's financial management systems did not

substantially comply with the Government Auditing Standards, the Federal Management Improvement Act and OMB
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guidance.

Our last evaluation conducted in FY 2001 was of our computer information systems, consistent with the FY 2001

Defense Authorization Act (P.L. 106-398), including Title X, subtitle G, Government Information Security Reform

Act. This independent evaluation revealed that there were no material weaknesses in policy, procedures or

practices present. However, a series of recommendations for improvement were made.

Fiscal Year 2000 Performance Report

Public Service Goal

To assure fair, just, and expeditious adjudication of disputes brought before the Commission and its

judges, and achieve a high level of quality in all legal decisions

Summary of FY 2001 Actual Performance: The Review Commission met five of the six

performance targets set for this goal.

1. Increase the percent of non-complex cases disposed of with hearing that are disposed of within 325

days.

FY 2001 Indicator/Target: Complete 70 percent of non-complex cases disposed of with hearing within 325 days

from the date of assignment to a judge. TARGET MET.

FY 1997 1998 1999 2000 2001

Cycle time Goal 90%

within

400 days

90%

within

375 days

90%

within

350 days

90%

within

325 days

Percent meeting

cycle time goal

Actual 79% 59% 67% 58%

Percent of

non-complex

cases

Goal N/A N/A N/A N/A 70%

within

325 days

Actual N/A N/A N/A N/A 83%

within

325 days

2. Increase the percent of complex cases disposed of with hearing that are disposed of within 18 months.

FY 2001 Indicator/Target: Complete 70 percent of complex cases (4) disposed of with hearing within 540 days from

the date of assignment to a judge. TARGET MET.

FY 1999 2000 2001 2002

Percent of complex cases Goal N/A N/A 70% within 540 days 75% within 

540 days

Actual N/A N/A 100% within 540 days

3. Increase the percent of cases that are disposed of without a hearing that are disposed of within six

months.

FY 2001 Indicator/Target: Seventy percent of ALJ cases disposed of without hearing disposed of within 180
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days. TARGET MET.

FY 1997 1998 1999 2000 2001

Cycle time in days Goal 180 180 180 180 180

Actual 151 158 155 159 180

Percent of cases Goal N/A N/A N/A N/A 70%

Actual N/A N/A N/A N/A 78%

Number of cases disposed of without hearing Actual 1,307 1,607 1,494 1,657 1711

4. Increase the percent of cases that are disposed of without a hearing that are disposed of in one year.

FY 2001 Target: Ninety-nine percent of the cases closed without a hearing within 365 days. TARGET NOT

MET. Ninety-eight percent of the cases were disposed of without hearing within 365 days.We failed to meet

this target by 15 cases.In terms of number of cases, that were actually disposed of without hearing in FY

2001, this is a small margin. The performance goal was set at an approximate level and the deviation from

that level is slight. There was no effect on overall program or activity performance. In fact, when we discount

the cases that originated from remote locations and the cases that were stayed from processing pending

ongoing federal criminal proceedings, we meet our goal.

FY 1997 1998 1999 2000 2001

Percent exceeding one year Goal 10% 5% 3% 2% 1%

Actual 5% 4% 3% 2.77% 1.82%

Percent disposed of without hearing in less than a

year

Goal 90% 95% 97% 98% 99%

Actual 95% 96% 97% 97% 98.28%

Number of cases disposed of without hearing in

less than a year

Actual 1,681 2,125 2,023 2,416 2158

5. Increase percent of Commission-level dispositions issued within 325 days.

FY 2001 Indicator/Target: Fifty percent of Commission-level dispositions are issued within 325 days.

TARGET MET.

FY 1997 1998 1999 2000 2001

Cycle time Goal 95%

within

400 days

or less

95% 

within

375 days

or less

95%

within

350 days

or less

95%

within

325 days

or less

Cases meeting cycle time goal Actual 23 11 20 11 N/A

Percent meeting cycle time goal Actual 46% 85% 47% 31% N/A

Total cases issued Actual 50 13 43 36 N/A

Average cycle time days Actual 465 days 262 days 447 days 566 days N/A

Percent of Cases Goal N/A N/A N/A N/A 50% within

325 days

or less

Actual N/A N/A N/A N/A 56%

Total cases issued Actual N/A N/A N/A N/A 52
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6. Reduce by a percent the number of cases pending Commission-level disposition for more than two

years

FY 2001 Indicator/Target: Twenty-five percent reduction in the number of cases pending Commission-level

dispositions for more than two years. TARGET MET. Yes . Thirty-six percent reduction in the number of

those cases pending. (5)

FY 1997 1998 1999 2000 2001 2002

Percent

reduction in

cases pending

more than two

years

Goal N/A N/A N/A N/A 25% reduction in number

of cases more than two

years

30% reduction in number

of cases more than two

years

Actual N/A N/A N/A N/A 36% reduction

External Communications Goal

To enhance the efficiency and effectiveness of communications between the Commission and the public it

serves

Summary of FY 2001 Actual Performance: The Review Commission met two of the three

performance targets set for this goal.

7. The extent to which Commission decisions and other publications and case information are made

available electronically through the agency's world wide website.

 (6)

FY 2001 Target: Continue to maintain the website and produce a more complete listing and copies of earlier

decisions and enhance search engine so that Review Commission decisions, rules, press releases, guides, and

other information are readily available electronically to the public. TARGET NOT MET. We performed a significant

amount of work on this goal. We enhanced our search engine with greater searching capabilities for older

decisions, including the ability to search PDF files. We scanned many of our oldest decisions (1971-1992) and

edited the electronically converted documents for 1989-1992 for website placement, but we were not able to place

the decisions onto the website because of delays in contractor performance.

FY 1997 1998 1999 2000 2001

Percent complete Goal 0 50% 70% 100%

Actual 0 50% 70% 100%

Enhance search engine, and add older decisions on website Goal N/A N/A N/A N/A 75%

Actual N/A N/A N/A N/A 70%

8. Improve the frequency of publication of CD-ROMs for use by litigants, libraries, and other interested

parties.

FY 2001 Target: Publish CD-ROM to include the most recent Review Commission decisions for use by litigants,

libraries and other interested parties. TARGET MET.

FY 1997 1998 1999 2000 2001

Number of CD-ROMs Goal 0 1 1 1 2

Actual 0 0 1 2 3
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9. Improve and strengthen mechanisms for communications between the Review Commission and entities

that have an interest in its activities

FY 2001 Target: Conduct a stakeholder satisfaction survey to review key business processes - judicial case

handling. TARGET MET.

FY 1997 1998 1999 2000 2001

Percent

complete

Goal N/A N/A N/A N/A 100% survey

Actual N/A N/A N/A N/A 100% E-Z Trial survey completed

Organizational Goal

To further develop and invest in a highly effective, motivated, and diverse workforce equipped with modern

information, technology, and communications systems to facilitate the accomplishment of its goals, meet

program needs and increase organizational effectiveness and efficiency

Summary of FY 2001 Actual Performance: The Review Commission met all of the performance

targets set for this goal.

10. Develop enhancement to case management/tracking system.

FY 2001 Target: Develop enhancements to the case management/tracking system (50%) based on new

performance measures contained in the revised performance and strategic plans. TARGET MET. We set up a team

of users to revisit standard naming conventions for event fields to streamline tracking and reporting functions and

assist in more easily reporting on performance measurements. Additional elements are being captured to more

easily identify case type (e.g., Settlement Part, Complex, E-Z Trial).

FY 1999 2000 2001 2002 2003

Percent

Complete

Goal N/A N/A 50% 50% Assess

Actual N/A N/A 50%

11. Complete a wide area network and improve communications with regional offices.

FY 2001 Target: Upgrade and migrate to a client/server environment to strengthen data transfer communications. A

portion of this effort will be completed in FY 2001. TARGET MET. We started the migration process by increasing

the bandwidth and communications security in the regional offices. We also increased the speed of communication

for employees for on-line training, and allowed for regional office employee access to National Office server for real

time access to locally supported e-mail.

FY 1999 2000 2001 2002 2003

Percent

Complete

Goal N/A N/A 50% 30% 10%

Actual N/A N/A 50%

12. Enhance Review Commission research capabilities by providing necessary research tools to all

employees.

FY 2001 Target: Complete a needs assessment for research equipment, material, and training and complete the

acquisition or installation of the majority of the material or equipment (50%). TARGET MET. A technology team was

created to assist in the assessment and research of equipment, material and training. We also established a

knowledge management team to discuss sharing information and collaboration techniques for research materials for

attorneys in the Office of the General Counsel.
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13. Level of completion of integrated financial management information system.

FY 2001 Target: Maintain the existing system. TARGET MET. We have maintained the existing system to record

electronic purchase requests. When we developed the FY 2001 APP, our intention was to remain with our current

financial services provider. However, due to projected increases in the cost of services from our current service

provider, we decided to obtain a new provider for our financial and administrative services. The new provider offers,

as part of its services, an integrated procurement and financial system which will replace the Review Commission's

financial management information system.

FY 1997 1998 1999 2000 2001

Percent Complete Goal 25% 90% 100% Assess Maintain

Actual 25% 90% 100% Assess Maintain

14. Develop Intranet Communications

FY 2001 Target: Develop the communication vehicle and install it in the National Office in FY 2001 (50%), with full

deployment in the regional offices in FY 2002 (50%). TARGET MET. The Review Commission's intranet has been

installed as a shared drive for National Office employees. Internal policies, memoranda and Administrative Law

Judge and Commission decisions are maintained on the network.

15. Delivery of needed training measured in hours.

FY 2001 Target: Provide an average of 40 hours of training per employee.TARGET MET. Review Commission

employees received an average of 48 hours of training. Forty-eight employees (70%) received more than 40 hours

of training.

16. Recruit and maintain a diverse, and highly motivated staff

FY 2001 Target: Prepare succession plans, knowledge management strategies and develop competencies for

mainstream occupations (50%). TARGET MET. We developed workforce succession plans, and competencies for

ALJs and attorneys. We also established a knowledge management team to discuss sharing information and

collaboration techniques for research materials for attorneys in the Office of the General Counsel.

17. Identify, define, and enhance agency values and an agency culture that incorporates our values.

FY 2001 Target: Run a baseline study to determine the current culture (25%) and determine what the key aspects

of the Review Commission's target culture should be (25%). TARGET MET. We conducted informal interviews and

a formal survey of the Review Commission employees which assessed the current and target culture. We also

evaluated the findings.

Percentage of staff provided quality management and quality team leader training.

FY 2001 Target: Provide quality management and team leader training to those employees who had not received

the appropriate training. TARGET MET.

FY 1997 1998 1999 2000 2001

Percent complete Goal 0% 30% 50% 70% 100%

Actual 0% 24% 59% 91% 100%

19. Number of teams appointed for key business processes to be evaluated and reengineered to achieve

improved performance.

FY 2001 Target: Establish two process improvement teams to make useful suggestions for improving processes

that affect regional operations and one other process. TARGET MET. Three key business process teams were

appointed to review our business processes to improve quality and performance - the case management/tracking

team, the technology team and the financial service provider search team.
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FY 1997 1998 2000 2001

Teams appointed Goal 1 2 2 2

Actual 1 2 2 3

Attachment 1

Occupational Safety and Health Review Commission

OSHRC

Fiscal Year 2001

Revised Final

Annual Performance Plan

March 2001

The Review Commission is revising some of the fiscal year 2001 performance goals and measures identified in our

public service strategic goal. We are revising our performance goals and indicators based on performance

information identified in our FY 1999 Performance Report, preliminary performance information obtained in fiscal

year 2000 and the profile of cases in our inventory.

The Government Performance Results Act allows an agency to revise its final AnnualPerformance Plan based on

actual performance data contained in the program performance report for the previous fiscal year. Circular A-11

specifies:

"As agencies collect and report program performance information for the prior fiscal year, this actual information

may show a need to modify performance goals for a fiscal year."

The current performance measures are based on reducing cycle times for cases adjudicated before our

Administrative Law Judges and Commissioners. Since that measure was developed in fiscal year 1997, the cases

have increased in complexity. Moreover, the Commission membership has experienced frequent changes. The

combined impact of these factors, which are beyond the control of the Review Commission, was identified in our

FY 1999 Performance Report, and continues to adversely effect our ability to meet our goals. Therefore, we are

changing our performance measurements from a reduction in cycle time to an increase in the percent of cases that

are resolved by the Review Commission, taking into account the complexity of cases and the need to retire our

older cases.

At the Administrative Law Judge level, the increase in large and complex cases have affected our ability to meet

our goals. The number of complex cases continues to increase. The current indicator assumes that 10 percent of

complex cases at the trial level are complex cases. However, the Review Commission realized a 23 percent

increase in large or complex cases between fiscal years 1998 and 1999. The complexity of cases results from the

existence of a combination of factors which include number of parties, number of expert witnesses, volume of

documents, and number of alleged violations.

At the Commission level, at the beginning of FY 2000, more than 26 cases were older than two years, many more

than four years old. This is due in part to the lack of a quorum and/or a full three-member Commission for most of

the past three years. The inability to resolve cases has resulted in an increased inventory of cases. As the cases

that have been on the docket for several years are resolved, the average cycle time inevitably increases. This
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creates a dilemma, and possibly an incentive to resolve last-in cases first, in order to meet the cycle time goal.

Over time, as more and more older cases are retired, this dilemma will be resolved. But in the meantime, an

aggressive retirement of old cases results in cycle times that far exceed our goals.

Since the submission of the Final FY 2001 Annual Performance Plan, we have carefully reviewed program

performance information and made the following changes. The table below displays the changes from the FY 2001

Annual Performance Plan to the FY 2001 Final Revised Annual Performance Plan.

Current FY 2001 Performance Goals and

Measures

Final Revised FY 2001 Annual Performance Plan

P.1 Reduce cycle time for most

conventionally tried ALJ

cases

90% in

325

days

or less

1.1 Increase the percent of non-complex

cases disposed of with hearing that are

disposed of within 325 days at the ALJ

level

70%

within 325 days

1.2 Increase the percent of complex cases

disposed of with hearing that are

disposed of within 18 months at the

ALJ level

70%

within 540 days

P.2 Maintain average cycle time

for conventional ALJ case

settlements for non-trial

cases

180

days

or less

1.3 Increase the percent of cases that are

disposed of without a hearing that are

disposed of within six months at the

ALJ level

70% within 180

days

P.3 Virtually eliminate cases

that take more than one

year to settle

1% 1.4 Increase the percent of cases that are

disposed of without a hearing that are

disposed of in one year at the ALJ

level

99% within 365

days

P.4 Reduce cycle time for

Commission review to less

than one year

95% in

325

days

or less

1.5 Increase the percent of Commissionlevel dispositions issued within 325

days

50% of cases that

are disposed of

issued within 325

days

1.6 Reduce the number of Commissionlevel cases pending for more than two

years

25% reduction in

the number of

pending cases

P.5 Maintain cycle time for

cases under the E-Z Trial

program

160

days

These goals will be tracked in FY 2001, but will be

discontinued thereafter since they are subsumed in the new

performance goals noted above (1.1 - 1.3).

P.6 Expand the use of E-Z Trial 30%

P.7 Expand the use of

Settlement Part

30

1. A copy of our Revised Final APP for FY 2001 is contained at the end of this performance report. In this report we

will refer to the Revised Final APP and the APP for FY 2001 collectively, as the APP for FY 2001.

2. The E-Z Trial Program was implemented in 1995 as an alternative to the traditional hearing process and is an

ongoing program. It is a streamlined process for contesting federal occupational safety and health cases, with total

proposed penalties of $20,000 or less, before the Review Commission Administrative Law Judges. See The Review

Commission E-Z Trial Rules of Procedure Subpart M section 220.202.

3. The Simplified Proceedings process was the predecessor to E-Z Trial, but had not been widely used by the

Review Commission. The rules for Simplified Proceedings more closely resemble rules for E-Z Trial than do

conventional hearing rules. The E-Z Trial program superseded the Simplified Proceedings. Comparisons of the two

processes were made through limited archival information.

4. Complex cases have one or more of the following characteristics: intricacies of the law; number of parties;
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volume of documents, including transcripts; large number of witnesses (including expert witnesses in such fields as

engineering, architecture, construction, soil, physics, epidemiology, pathology, neurology and infectious diseases);

length of the trial; the large amounts of money involved; number of alleged violations, items (including distinct and

separate items), and affirmative defenses; technical, novel, difficult or new standards raised; type of cases, such as

those involving air pollution, asbestos, lead poisoning, tuberculosis, and ergonomics; or extensive pre-trial

discovery, including large numbers of interrogatories, conferences, and motions.

5. Many cases have been pending before the Review Commission for more than three years. Between October of

2000 and September 2001the Commission issued 13 cases with a cumulative age at the Commission level of 58

years. This is particularly noteworthy in light of the fact that the Commission only had a full composition of three

members for about two months in the fiscal year and lacked a quorum for about one month. These older cases

tend to be larger and more complex, with numerous citation items. As a result, it is difficult to resolve all the issues

in such cases without a full complement of Commissioners.

6. This effort had been defined in three distinct phases: (1) establishment of the website and availability of recent

decisions and procedural guides and publications (50%); (2) addition to the listing and copies of earlier decisions

(20%); and (3) availability of docket information on open cases (30%). We eliminated #3 in FY 1999 because of a

lack of interest by our customers. In FY 2000, based on stakeholder interest, we substituted the docket information

listing goal with the goal of enhancing the appearance and usefulness of the website. In FY 2000, we completed

this effort by updating the decision listing and adding recent Review Commission decisions and decisions dating

back to 1993. 

Last Updated: May 15, 2003

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