OSHRC Fiscal Year 2003 Budget Request and Annual Performance Plan

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Occupational Safety and Health Review Commission

OSHRC

Fiscal Year 2003

Integrated Budget Request

and

Annual Performance Plan

March 2002

Table of Contents

Fiscal Year 2003 Integrated Annual Performance Plan and Budget Request

Page

I. Summary and Highlights 1

II. Introduction -- Mission, Vision, and Strategic Goals 3

III. Budget Request and Annual Performance Plan by Organizational Function 5

IV. Budget by Object Classification Category 26

V. Other Tables 33

I. Summary and Highlights

Summary and Highlights

The Occupational Safety and Health Review Commission is requesting $10,637,000 in funding for FY 2003. This

amount is 7.3 percent above the comparable amount available for FY 2002 ($9,914,000). The request would

support 69 FTEs. The increase in our budget request reflects increased rent costs, increased costs for

personnel/payroll and financial and administrative services, and increased costs for information technology

security. In order to absorb some of the increased costs, we have reduced or eliminated support for travel,

training, equipment, and other services.

The request includes funds for the proposed 2.6 percent pay raise. The request assumes that the Review

Commission's contribution rate to the Civil Service Retirement System will revert to 7.5 percent for the first
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quarter of FY 2003, and to 7 percent thereafter. Included in the request is $1,060,000 to fund the legislative

proposal to charge the full amount of employee pension and annuitant health benefits accruals to the appropriate

salaries and expenses accounts. The FY 2002 comparable amount for this activity is $950,000.

This amount requested would allow the Review Commission to fulfill its legislative mandate to serve as an

administrative court providing just and prompt 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 request supports the goals in our strategic plan to improve service to

and communications with the public and to maintain an organization that supports the two main goals.

Highlights of the FY 2003 budget request, more fully detailed in subsequent sections, are as follows:

The pay request would allow us to fund 69 FTEs to address, at both the trial and Commission levels, the

increasing complexity of the judicial workload and the retirement of old and complex cases.

The request reflects the payroll and benefit increases due to cost of living and locality pay increases and

within grade increases. The request assumes that there will be no Commission or judicial vacancies in FY

2003.

The Administration is proposing legislation to require all retirement costs to be charged to the appropriate

salaries and expenses accounts as they are earned. Therefore, the request includes the full Government

share of the accruing cost of benefits under the Civil Service Retirement System and of post-retirement

health benefits for Federal civilian employees in the Federal Employees' Health Benefits Program.

The request includes $1,216,000 for office space rent, 6.8 percent of our total request. Of the total budget

increase of $723,000, 67.6 percent ($489,000) is due to an increase in office rent. Beginning in April 2003, we

expect to pay $54.00 per square foot for space to house our national office, based on estimates provided by

the General Services Administration (GSA). This is a 160 percent increase from the $20.78 per square foot

that we pay currently in FY 2001. It should be noted that our current rent costs are deflated because they

reflect savings from our negotiations with GSA in FY 2000. Had we not realized these savings, our rent per

square foot in FY 2001 would have been $40.00 (based on the rent for properties in the surrounding areas at

the time).

The request includes a $70,000 increase in the costs of personnel and payroll services and of financial and

administrative services. The National Finance Center (NFC) informed us in April 2001 that the cost of

financial and administrative services it provides to the Review Commission would increase from less than

$50,000 per year to $250,000 per year. In addition, NFC estimated that a one-time cost to the Review

Commission of the conversion to its newly developed Foundation Financial Information System alone would

be from $750,000 to $3,000,000. As a result of these projected cost increases, the Review Commission has

chosen an alternative service provider for financial and administrative services. Beginning in late Fiscal Year

2002, the Bureau of the Public Debt Administrative Resource Center (ARC) will provide these services to the

Review Commission. We estimate the total costs of these services to be $120,000, which is more than double

what we currently pay.

The request includes an increase of $30,000 to comply with the Government Information Security Reform

Act. Funding will support independent evaluations of the security of our system. With base resources, we will

also continue to support automation and technology efforts initiated earlier, including hardware, software

and contractual support.

The request will enable us to complete our annual performance plan goals and targets.

Conclusion

Despite the increased costs, spending has been pared to the maximum extent possible in every area in keeping with

budget constraints necessitated by the Administration's focus on winning the war against terrorism. While

requesting certain targeted increases, the Review Commission has taken steps to pare spending to the maximum

extent possible in every area. Our goals are to resolve cases fairly and expeditiously and to provide information to

the public. Without the requested level of funding, the ability to resolve cases at the Administrative Law Judge

and Commission levels would be impacted. Our communications with the public would be diminished and

organizational effectiveness would be reduced.
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II. Introduction -- Mission,

Vision, and

Strategic Goals

Introduction -- Mission, Vision and Strategic Goals

The Review Commission is an independent, adjudicatory agency created by the Occupational Safety and Health

Act of 1970. Its sole statutory mandate is to serve as an administrative court providing just and expeditious

resolution of disputes involving 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.

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, which affords an opportunity for a hearing before a Review

Commission Administrative Law Judge. The judge's decision becomes final unless the decision is directed for

review to the Commission. The second level is a discretionary appellate review of the judge's decision by the

Commission members. Both before its judges and the Commissioners, the Review Commission provides fair and

impartial 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.

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.

Vision Statement

The Review Commission strives 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.

Strategic Goals

The Review Commission has three strategic goals:

Goal #1: 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
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Goal #2: External Communications Goal: To enhance the efficiency and effectiveness of communications between

the Commission and the public it serves

Goal #3: 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

III. Budget Request

and

Annual Performance Plan

by

Organizational function

FY 2003 Budget Request and Annual Performance Plan

This section describes the three functions of the Review Commission:

the Administrative Law Judge function,

the Commission function, and

the Management and Administration function.

Each function has a staff assigned exclusively to it, and there is virtually no sharing of staff resources between the

functions. This circumstance principally stems from the nature of the Administrative Law Judge and Commission

functions, which must be separate so that each of these review levels is, both in fact and appearance, independent

of the other. The Management and Administration function supports both the Administrative Law Judge and

Commission functions.

Budget by Major Categories

FY 2002 - FY 2003

(In 000s of dollars)

FY 2002 (CY) FY 2003 (BY)

$ % of

total

$ % of

total

Personnel Compensation and Benefits 7,274 73.4% 7,502 70.5%

Employee pension and annuitant health benefits accruals (additional authorizing

legislation required)

950 9.2% 1,060 9.5%

Sub-total, All Compensation and Benefits 8,224 83.0% 8,562 80.5%

Non-Payroll 1,690 17.0% 2,075 19.5%

Sub-total 9,914 100% 10,637 100%

Less employee pension and annuitant health benefits accruals (additional legislation 950 1,060
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required)

Total obligations excluding employee pension and benefit accruals 8,964 100% 9,577 100%

Full Time Equivalent Positions 69 69

Personnel Compensation and Benefits are the Agency's largest cost. In FY 2003, Personnel Compensation and

Benefits is 70.5 percent of the amount requested. An additional 9.5 percent of the request represents the

Administration's proposal to fully charge employee pension and annuitant health benefits accruals to the

appropriate accounts.

The proportion that non-payroll costs represents of our total costs has increased because of increases in rent, and

financial and administrative services, and information technology security. The Personnel Compensation and

Benefits costs reflect the impact of the January 2002 and 2003 pay raises. The request also assumes that the

Review Commission's contribution rate to the Civil Service Retirement System will revert to 7.5 percent for the

first quarter of FY 2003, and to 7 percent thereafter.

Funding and staffing by function is as follows:

Funding and FTE by Function

FY 2002 Est. FY 2003 Est.

$ FTE $ FTE

Administrative Law Judge 4.1 28 4.4 28

Commission 3.6 23.5 3.9 23.5

Management and Administration 2.2 17.5 2.3 17.5

Total 9.9 69 10.6 69

Administrative Law Judge Function

Function

The function of the Review Commission's Administrative Law Judge Division is to conduct formal hearings and

related proceedings in a fair, just, and expeditious manner. The function is directly related to our public service

goal.

The Administrative Law Judges report organizationally, through the Chief Judge, to the Chairman. However,

they act independently in arriving at case decisions. The Federal Rules of Civil Procedure, which we follow,

provide guidelines for managing cases. The rules require a "just, speedy and inexpensive determination of every

action."

Proceedings Before the Review Commission's Administrative Law Judges

The events leading to the presentation of an OSHA case before a Review Commission Administrative Law Judge

follow an established procedure. To contest all or part of a citation, penalty, or abatement period, an employer

must file a notice of contest within 15 working days from the receipt of the citation proposed by OSHA. The

Secretary of Labor transmits the notice of contest and all relevant documents to the Review Commission's

Executive Secretary for filing. After the case is docketed, it is forwarded to the Office of the Chief Judge who

monitors the process and assigns the case to an Administrative Law Judge. The case is generally assigned to an

Administrative Law Judge in the Review Commission office closest to where the alleged violation occurred.

Thereafter, the Administrative Law Judge has full responsibility for all pre-hearing and pre-trial procedures,

including settlement, and is charged with providing a fair and impartial hearing in an expeditious manner, and

rendering a decision promptly.
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Administrative Law Judge Operations

The Review Commission strives to expedite the judicial process in a fair and impartial manner, strengthen its

settlement procedures and case management responsibilities, and maintain the success of its E-Z Trial and

Settlement Part processes. The Administrative Law Judge function also has to address a caseload which is

becoming more complex. Achieving these ends is the primary responsibility of the Chief Administrative Law

Judge.

OSHA's emphasis during recent years on more serious workplace hazards, and the consequent increase in

proposed penalties, has translated into more complicated cases, and more costly trials. These cases command a

greater portion of the judges' time. The Review Commission anticipates that this trend will continue.

The complexity of these cases is the result of the existence of any one or a combination of the following:

the intricacies of the law,

the number of parties,

the volume of documents, including transcripts,

the large number of witnesses (including expert witnesses in such fields as engineering, architecture,

construction, soil, physics, epidemiology, pathology, neurology and infectious diseases),

the number of alleged violations, items, and affirmative defenses (including distinct and separate items),

the technical, novel, difficult or new standards raised, or

the types of cases, such as those involving air pollution, asbestos, lead poisoning, tuberculosis, or ergonomics.

This trend presents a challenge to the goal of achieving a just and prompt decision in each case.

In FY 1999, the Review Commission piloted a mandatory settlement process known as the "Settlement Part" to

handle large cases. The "Settlement Part" requires formal settlement efforts where the proposed penalty is

$200,000 or over, or if the Chief Judge finds that a case is appropriate for this part because of its complexity. Such

cases have a higher probability of going to trial, and when they do, they are likely to take more than two years to

resolve under our conventional process. In FY 2000, 42 cases were assigned to "Settlement Part" and 28 cases were

assigned to this process in FY 2001. In FY 1999, the settlement procedure resulted in the settlement of a majority

of the cases assigned to the program. A formal evaluation of the program was completed in September 2000. The

evaluation showed generally positive results, including substantial satisfaction among the program's users.

Accordingly, the Commission voted to make the program permanent. The Chairman will continue to monitor the

program to ensure its effectiveness.

The E-Z Trial process allows parties with relatively simple cases to have their "day in court" unencumbered by

the myriad rules of procedure and evidence while assuring that due process requirements are maintained. Under

this process, small businesses with or without counsel can present a case before an impartial judge and receive a

swift decision. Most paperwork, including legal filings, has been eliminated so that justice can be rendered swiftly

and inexpensively. The process is intended to reduce the time and legal expenses to employers contesting relatively

small penalty cases. The process also allows more time for Administrative Law Judges to address the more

complex cases. The Review Commission arranged for an outside evaluation of the program which was performed

in FY 2001. The evaluation showed that program implementation was effective and that the program is generally

being implemented in accordance with the goals. The survey responses suggest that E-Z Trial has varied impacts

on settlement. While participants do not believe that the program should be mandatory, participants are generally

satisfied with the fairness of the outcomes in the pre-hearing telephone conference call and in the overall E-Z Trial

hearing. The Review Commission expects to continue the use of the E-Z Trial process.
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E-Z Trial Case Activity

FY 1999 through FY 2003

FY 1999 FY 2000 FY 2001 FY 2002 FY 2003

Actual Actual Actual Est. Est.

New Cases 2,324 2,407 2,316 2,386 2,386

Cases assigned to E-Z Trial 733 934 716 811 811

The proportion of new cases assigned to the E-Z Trial process has averaged 34% over the last three years. We

estimate that the proportion of cases assigned to the program in FY 2002 and FY 2003 will be relatively stable.

Anticipated Administrative Law Judge Workload for FY 2003

Three major factors impact on this function's workload: (1) the quantity, magnitude, and nature of the cases, (2)

the success of the E-Z Trial and Settlement Part processes, and (3) the number of trials held, and their length and

complexity.

OSHA recently projected that it expects to conduct 37,700 inspections in FY 2003. The Review Commission's

caseload is affected not only by the number of inspections but by OSHA's focus on the highest hazard workplaces

and most serious workplace hazards. These inspections tend to result in more complex cases. These complex cases

consume extensive judicial time since the discovery process is lengthy and time consuming, motion practice is

expanded, legal research and decision writing time is protracted and, of necessity, the trial process is elongated and

complicated.

Administrative Law Judge Case Activity

FY 1999 through FY 2003

FY 1999 FY 2000 FY 2001 FY 2002 FY 2003

Actual Actual Actual Est. Est.

1. OSHA Inspections 34,342 35,778 36,400 36,400 37,700

2. New Cases 2,324 2,407 2,316 2,386 2,386

Cases over $50,000 290 220 222 229 229

3. Administrative Law Judge

a. Case Inventory, Start of Year 842 985 846 840 839

b. New Cases 2,324 2,407 2,316 2,386 2,386

c. Total Caseload 3,166 3,392 3,162 3,226 3,225

d. Disposals

(1) With Hearing 156 131 121 124 124

(2) Without Hearing 2,025 2,415 2,201 2,263 2,264

e. Total Dispositions 2,181 2,546 2,322 2,387 2,388

4. Total Case Inventory, End of Year 985 846 840 839 839

The table above shows projected, as well as recent, case activity. As shown in this table, the level of inspections by

OSHA, combined with the focus on alleged large-scale and willful violators of health and safety regulations,

resulted in an increase in new cases appealed to the Review Commission -- from 2,324 cases in FY 1999 to 2,407

cases in FY 2000. Data for FY 2001 shows a small decrease in the proportion of cases appealed to the Review

Commission from the FY 2000 level.

In FY 2001 there were 2,322 dispositions at the Administrative Law Judge level. This represents an increase of 9
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percent over the FY 1999 case disposition level of 2,181. Factors that have contributed to the increase include

improved case management through technological improvements, the availability of temporary staff who provided

assistance to the Administrative Law Judges, the increased proportion of cases that are assigned to E-Z Trial, and

improved settlement efforts. The Review Commission's performance goals include several goals aimed at

increasing the percent of cases issued within a specific time.

Staffing

Of the total 69 FTEs requested, 28 are required for the Administrative Law Judge function. This staff level

includes the employment of 13 Administrative Law Judges and 15 staff attorneys and other support staff. Given

the number of inspections occurring in FY 2003, projected by OSHA for future years, and the complexity of the

cases received, the Review Commission believes that this is the minimum number of FTEs needed to address the

expected workload and meet its performance targets.

The Chief Judge manages the effort to increase the percent of cases tried within the established goal and to

increase the percent of cases processed without a hearing within the established goal. The Chief Judge:

Conducts early review and screening of the potentially difficult cases before assignment,

Exercises strong management and monitoring of progress of cases to meet performance goals,

Ensures training of judicial and administrative staff, and

Examines judicial case management practices of other entities.

Funding and FTE

FY 2002 Est. FY 2003 Est.

$ FTE $ FTE

Administrative Law Judge 4.1 28 4.4 28

Strategic Plan Goals and Objectives and Performance Goals and Measures

The Review Commission's Strategic Plan (Revised) includes the following goals and objectives related to this

function:

Strategic Plan Goal Strategic Plan Objectives

GOAL # 1

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

1.1 Increase the percent of non-complex cases heard by

Administrative Law Judges that take less than a year to

resolve

1.2 Increase the percent of complex cases heard by

Administrative Law Judges within 18 months

1.3 Increase the percent of cases settled within six months

1.4 Increase the percent of cases that take less than a year to

settle to 99 percent

1.7 Establish and comply with quality standards

1.8 Explore ways to adapt alternative means of dispute

resolution procedures for case processing, as appropriate

The Review Commission intends to advance this strategic goal at the ALJ level through the following strategies.

Objectives to be pursued during FY 2003 with the performance goals and indicators appear in the table that

follows this list. Performance indicators or measures appear next to each performance goal.

Expedite the assignment of cases to judges
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Use objective criteria to determine complex cases, and track the processing of these cases

Monitor closely case performance, and improve case management information systems and reports

Conduct early review and screening of the potentially difficult cases

Provide training to all judges on a variety of subjects, including technical and legal issues, legal writing, case

management and alternative means of dispute resolution, to help them develop the most skillful services and

processes equal to the very best in judicial arenas

Continue to use a team of judges to handle, on a rotational basis, extremely complex cases and assign

appropriate staff to timely process and monitor such cases, including settlement discussions

1.1

*

Performance Goals Performance

Indicators

FY 1999

Actual

FY 2000

Actual

FY 2001

Actual

(Target)

FY 2002

Target

FY 2003

Target

Increase the percent of non-complex cases disposed of with

hearing that are disposed of within 325 days

Percent

within 325

days

NA NA 83% (70%)

within 325 days

75%

within 325

days

78% within

325 days

1.2

*

Increase the percent of complex cases disposed of with

hearing that are disposed of within 18 months

Percent

within 540

days

NA NA 100% (70%)

within 540 days

75% within

540 days

80% within

540 days

1.3 Increase the percent of cases that are disposed of without a

hearing that are disposed of within six months

Percent

within 180

days

NA NA 73% (70%)

within 180 days

75% within

180 days

76% within

180 days

1.4 Increase the percent of cases that are disposed of without a

hearing that are disposed of in less than one year

Percent

within 365

days

97% within

365 days

98% within

365 days

98% (99%)

within 365 days

99% within

365 days

99% within

365 days

* Conventional cases disposed of with hearing were measured and reported without regard to complexity in fiscal

years 1998, 1999, and 2000. Conventional cases settled without a hearing within six months and all cases

(conventional and E-Z Trial) settled within a one-year cycle time were measured and reported in FYs 1998, 1999,

and 2000. These measurements for cases tried with or without a hearing include conventional and E-Z Trial cases.

Other Performance Plan Activities:

Establish quality standards for trial decisions and case processing

Establish team and examine quality standards for case processing

Develop quality standards for case processing

Explore ways to adapt alternative means of dispute resolution procedures for Review Commission cases

Research other ADR initiatives

Develop or revise one ADR initiative

Commission Function

Function

The function of the Commissioners is to adjudicate cases contested under the Act, subsequent to an initial decision

by an Administrative Law Judge. This higher level of review must be both prompt and protective of the parties'

rights. The function is directly related to our public service goal.

Proceedings Before the Commission
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As mentioned previously, the Review Commission performs an adjudicatory function independent from the

enforcement and rule-making functions vested in OSHA. Disputed enforcement proceedings are tried initially

before the Review Commission's Administrative Law Judges. Decisions by the Review Commission's

Administrative Law Judges may then be reviewed by the Commission members.

The Occupational Safety and Health Act of 1970 provides for Presidential appointment and Senate confirmation of

three Commissioners, each with a six-year term. The Commissioners sit as an appellate review body with

discretionary authority to review any case decided by the Review Commission's Administrative Law Judges. Each

Commission member has the authority to direct any case decided by any judge for review by the full Commission.

Absent such a direction, the decisions of the Administrative Law Judges become final by operation of law. Once

directed for review, the Commission members have authority to review all aspects of a case, including judges'

conclusions of law, findings of fact, penalty assessments and abatement schedules.

Each Commissioner is aided by a counsel who is responsible for providing assistance and advice on all pending

matters, including the proper disposition of cases and motions and whether cases are appropriate for Commission

review. Each counsel also aids the Commissioner in researching and editing draft opinions. Their work

complements the work of the General Counsel.

The General Counsel has primary responsibility for preparing and presenting factual and legal analyses to assist

Commission members in adjudicating appeals. Office of General Counsel staff has primary responsibility for

presenting cases to the Commission for disposition and for preparing drafts of the Commission's opinions.

Commission Operations

The Commission strives to reduce the time for adjudicating cases and the number of pending cases. Aided by

improved case management technology, the Commission seeks to strengthen the internal processes by which a case

is prepared. Two external factors have a major impact on the operations of the Commission: the maintenance of a

quorum and the complexity of cases.

As mentioned previously, the Commission consists of three members. The Occupational Safety and Health Act

requires a quorum of two Commissioners and the affirmative vote of two Commissioners to decide cases. During

periods when the Commission has no quorum, no cases can be decided. In addition, with only two Commissioners,

it may be more difficult to reach agreement sufficient to dispose of some cases. In cases where such agreement

cannot be reached, deadlocks result. As a result, action on important issues may be postponed and issuance of

some pending cases will be delayed.

The number of safety and health inspections carried out by OSHA each year, the nature of those inspections, and

the rate at which employers choose to contest the citations issued and penalties proposed by OSHA as a result of

its enforcement activity have an impact on the cases filed with the Review Commission. In turn, OSHA's emphasis

during recent years on more serious workplace hazards, and the consequent increase in proposed penalties, has

translated into more complicated cases, and more costly trials. Consequently, the complexity of the cases both at

the Administrative Law Judge level and at the Commission level has increased steadily in recent years.

The Commission's inventory of cases includes a number of extremely large and difficult cases. Preparation of each

of these cases consumes a huge amount of attorney and Commissioner time. This, in turn, slows work on all other

cases. The size and complexity of these cases have impacted the ability of the Office of the General Counsel to

prepare and present a steady flow of cases to the Commission for disposition and to prepare the initial drafts of

the Commission's opinions. To address this problem, we established two team leader positions in the Office of the

General Counsel to speed preparation, facilitate coordination of issues, and to help assure consistency among

cases. Team case preparation has shortened the time to analyze, present, and draft a number of these cases.

During FY 2000 the Commission implemented several strategies to resolve as many cases as possible, while

adhering to high standards of quality:

Identifying as a priority the resolution of older, larger, more significant, or more complex cases
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Utilizing a cross-section of expertise in resolving complex cases -- including individual discussions with the

General Counsel, the Deputy General Counsel, team leaders, and the counsel to each Commissioner -- in

addition to discussions with and reviews by the Commissioners themselves

As a result of these strategies, in FY 2000, the Commission resolved several cases dating back to the early part of

the 1990s. Over the period July 2000 through October 2000, the Review Commission issued twelve cases that had a

cumulative age at the Commission level of 57 years. Most of these cases were very large, both in terms of record

size and the number and complexity of issues.

During FY 2001, the Commission continued its efforts to reduce the inventory of its pending cases. We resolved

several older and complex cases in October 2000. The Commission has resolved numerous other cases during the

fiscal year, including a number of older cases. Indeed, despite the absence of a quorum for one month and a

change in Commission composition, the Commission resolved 52 cases during the fiscal year. The Commission

reduced its inventory from 88 cases at the beginning of the fiscal year to 67 cases by the end of FY 2001, improving

on its earlier estimate of 80 cases.

Anticipated Commission Workload for FY 2003

The Commission had a quorum for the larger part of FY 2001 and maintained a quorum for the major part of the

first quarter of FY 2002. The appointment of one recess appointee expired upon the adjournment of Congress in

December 2001. Therefore, the Commission does not have a quorum currently. As a result, at this time, there are

two vacancies in the Commission. These vacancies during FY 2002 will have an impact on the number and types of

cases that can be decided during FY 2002 and therefore, on the inventory of cases at the beginning of FY 2003.

Although we anticipate that the Commission will be fully staffed during FY 2003, unexpected vacancies would

impact our ability to decide and issue cases.

Office of General Counsel and Commissioners' Case Activity

FY 1999 - FY 2003

FY 1999 FY 2000 FY 2001 FY 2002 FY 2003

Actual Actual Actual Est. Est.

1. New Cases (a + b)

a. Cases Directed for Review 31 48 28 31 36

b. Other New cases 5 4 3 4 4

(1) Interlocutory Appeals (2) (1) (0) (0) (0)

(2) Remands (3) (3) (1) (2) (2)

(3) Other (0) (0) (2) (2) (2)

c. Total New Cases (a + b) 36 52 31 35 40

2. Case Inventory from Prior Year 79 72 88 67 62

3. Total Caseload (1 + 2) 115 124 119 102 102

4. Dispositions 43 36 52 40 45

a. Final Decisions Issued (24) (27) (37) (32) (37)

b. Other Dispositions (19) (9) (15) (8) (8)

5. Case Inventory, End of Year (3 - 4) 72 88 67 62 57

The table above shows projected, as well as recent, case activity. As shown in this table, the number of cases in the

inventory at the end of FY 2000 increased from the level of the inventory at the end of FY 1999. This is a reflection

of a higher number of cases directed for review, the fact that the Commission only had two members for three

months in FY 2000, and the complexity of the older cases that the Commission addressed during the year. The

facts that the Commission focused on more difficult cases in FY 2000, which take more time to resolve, and that
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there were more cases directed for review, also contributed to the increase in the inventory at the end of the year.

In addition, the Commission worked on some very old and complex cases during the latter part of FY 2000 that

were issued early in FY 2001.

During FY 1999, when the Commission had a quorum for approximately a nine-month period, there were 43

dispositions. Eighteen of the 43 dispositions (42 percent) occurred during the last three months of the fiscal year.

During that same year, fewer cases were directed for review. The net effect was that the inventory of cases at the

end of the year was reduced. However, the cases that remained were older and more complex. These are the cases

that the Commission addressed during most of FY 2000.

A series of temporary hires were largely used to help expedite the processing of newer and less complex cases while

freeing up the more senior permanent staff attorneys to concentrate on the old and complex cases. The success of

this strategy is without precedent in the Review Commission. Between July 2000 and October 2000, the

Commission issued twelve cases that had a cumulative age at the Commission level of 57 years. During the first

three months of FY 2001, 19 cases were resolved. By the end of the fiscal year, the Commission had resolved 52

cases. This exceeds our earlier estimate of 46 cases.

Staffing

The FY 2003 budget requests funding for 9 FTEs to include the three Commissioners and their immediate staff

(each Commissioner has a counsel and a confidential assistant) and 14.5 FTEs in the General Counsel's office, for

a total of 23.5 FTEs. The budget request assumes that the Commission will have a full complement of

Commissioners in place throughout FY 2003.

Funding and FTE

FY 2002 Est. FY 2003 Est.

$ FTE $ FTE

Commission 3.6 23.5 3.9 23.5

Strategic Plan Goals and Objectives and Performance Goals and Measures

The Review Commission's Strategic Plan (Revised) includes the following goals and objectives related to this

function:

Strategic Plan Goal Strategic Plan Objectives

GOAL # 1

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

1.5 Increase the percent of Commission-level review

decisions issued within a year

1.6 Reduce the percent of Commission-level cases pending

more than two years

1.7 Establish and comply with quality standards

1.8 Explore ways to adapt alternative means of dispute

resolution procedures for case processing, as

appropriate

The Review Commission intends to advance this strategic goal at the Commission level through the following

strategies. Objectives to be pursued during FY 2003 with the performance goals and indicators appear in the table

that follows this list. Performance indicators or measures appear next to each performance goal.

Continue the Commission's effort to focus on the disposition of a balance of older and newer cases, giving

priority to the more significant and more complex cases

Concentrate efforts on issuing the maximum number of decisions possible, while at the same time, reducing

the number of older cases pending and ultimately the age of the pending inventory

Implement internal markers to assist in the preparation of cases and issuance of Commission decisions
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Accelerate processing of cases through a variety of efforts, including early intervention of the

Commissioners' counsels, briefing new attorneys and new Commissioners on Review Commission procedures

and legal precedent, developing a Review Commission procedures manual, and creating ways to resolve cases

when there are only two Commission members

Continue to use teams and staff meetings in the Office of the General Counsel

Develop creative methods to shorten case preparation of documents and develop alternatives to current

formats of decisions

Performance Goals Performance Indicators FY

1999

Actual

FY

2000

Actual

FY 2001

Actual

(Target)

FY

2002

Target

FY

2003

Target

1.5 Increase the percent of Commission-level

dispositions issued withing 325 days

Percent of cases that are disposed of issued

within 325 days

NA NA 56%

(50%)

55% 57%

1.6 Reduce the percent of cases pending for more than

two years

Reduce by a percent the number of cases

pending for more than 2 years

NA NA 36%(25%) 30% 32%

Other Performance Plan Activities:

Establish quality standards for Commission decisions and case processing

Establish team and examine quality standards for case processing

Develop quality standards for case processing

Enhance alternative means of dispute resolution procedures for Review Commission cases

Research other ADR initiatives

Develop or revise one ADR initiative

Management and Administration Function

Function

The function of Management and Administration is to provide executive management and administrative support

services for the Review Commission, to assure its success in fulfilling its mission.

Management and Administration Operations

The Management and Administration function includes the public information function which facilitates

communication with the public. Management and Administration also provides strategic planning and operational

management of the organization, including case docketing, technology management, computer and information

security, handling of procurement of goods and services, payroll and personnel services, financial management,

training, and handling of materiel and space needs for each of the offices. The aim is to provide support to

headquarters staff and regional office staffs to that the can carry out their case responsibilities.

The day-to-day tasks performed under the direction of the Executive Director and Chief Operating Officer,

include:

docketing incoming cases resulting from OSHA appeals and communicating with the public in general and

case parties in particular

maintaining a public information office, including providing case decisions to the public
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responding to Congressional and Freedom of Information Act inquiries

disseminating case file documents to the public

maintaining and enhancing a website to provide the public with greater access to Review Commission

information, particularly decisions at the Administrative Law Judge and Commission levels

responding to requests from or fulfilling responsibilities to other executive agencies

formulating and presenting the Review Commission's annual budget and performance plans and reports

controlling the obligation and disbursement of funds

maintaining a personnel function, including establishing and implementing personnel policies, hiring,

training, and promoting employees

procuring goods and services

maintaining and repairing equipment

maintaining a library for legal and technical research

providing travel assistance to mission critical activities

implementing improved computerized case management and administrative systems through hardware and

software

developing computer systems and information security enhancements

enhancing telecommunications and improving technology efficiency and effectiveness

Anticipated Management and Administration Workload for FY 2003

The Review Commission will meet the FY 2003 performance goals through a variety of means and strategies.

During FY 2003 this function will pursue activities in support of the Agency's three goals. During FY 2003, the

Review Commission will:

Use modern technology and techniques, including the website, to continue to be citizen-centered and to

provide faster and better public access to and dissemination of Review Commission information and

decisions

Improve the Review Commission's capability to interface on line access with government and nongovernment systems and improve procurement through the expanded application of on-line procurement

and by making greater use of performance-based contracts

Evaluate the Review Commission's computer security program to comply with the Government Information

Security Reform Act

Support the transition to a new service provider for our financial, accounting and other administrative

services while continuing to obtain support for personnel and payroll services from the National Finance

Center

Complete the implementation of plans for organizational streamlining (as appropriate) and knowledge

management and continue the implementation of the employee succession and workforce transition plans

Use a variety of electronic training in place of classroom training to enhance employee skills and knowledge

Implement family-friendly initiatives, including a telecommuting pilot

Monitor compliance with performance measures in the agency's performance plan

The request includes $1,216,000 for office space rent. Beginning in April 2003, we expect to pay $54.00 per square

foot for space to house our national office. GSA will begin the procurement process in April 2002, one year before

the expiration of the current lease. We intend to closely review, monitor, and participate in our office rent
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negotiations with GSA to minimize the potential rent increase and consider alternatives as necessary.

The request also includes a $70,000 increase in the costs of personnel and payroll services and of financial and

administrative services resulting from a change in providers. We estimate that the costs of these financial and

administrative services plus the cost of the personnel and payroll services that NFC will continue to provide will be

$120,000, which is more than double what we currently pay.

Staffing

The Review Commission requests 17.5 FTEs for the Management and Administration function in FY 2003. These

positions consist of the Executive Director and her administrative assistant, an information technology officer and

an analyst, a public information officer and assistant, the Executive Secretary and three legal technicians, the

Director of the Office of Financial and Administrative Services and six administrative, personnel, procurement,

and, financial accounting positions, and a part-time librarian.

The Executive Director has been appointed by the Chairman as the Chief Operating Officer. In this capacity, the

Management and Administration staff has assumed responsibility for implementing the President's management

and reform efforts, including implementing and monitoring strategic and performance plans and reports, budget

and performance integration, human capital and competitive sourcing, and e-government. The Executive Director

has continuing responsibility for achieving the external communication and organizational goals as well as

objectives supporting the public service goal.

Funding and FTE

FY 2002 Est. FY 2003 Est.

$ FTE $ FTE

Management and Administration 2.2 17.5 2.3 17.5

Strategic Plan Goals and Strategic Plan Objectives and Performance Goals and Measures

The Review Commission's Strategic Plan (Revised) includes the following goals and objectives related to this

function:

Strategic Plan Goals Strategic Plan Performance Objectives

GOAL # 2

External Communications Goal

To enhance the efficiency and effectiveness of communications

between the Commission and the public it serves

2.1 Improve the effectiveness of the Review Commission's website to ensure that

communications remains open, research-friendly, and current

2.3

2.6

Increase the frequency of publication of CD-ROMs for use by litigants,

libraries, and other interested parties

Promote the use of electronic transmission of documents to the Review

Commission

2.7 Improve the timeliness of responses to questions received from the public

Strategic Plan Goals Strategic Plan Performance Objectives

GOAL #3 Organizational Goal 3.1 Recruit and maintain a diverse, and highly

motivated staff with the skills necessary to support

the mission of the Agency

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

3.3

3.4

3.6

3.7

Improve internal communications

Implement management and administrative tools

to support the organizational and program needs

Improve the performance management program

(e.g., position descriptions, performance plans,
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award systems) to enhance individual and

organizational effectiveness

Invest in an effective information technology

infrastructure that meets user needs, protects

privacy, and secures against unauthorized access or

disruption

3.9 Increase electronic communications to improve

quality, availability, and speed of information and

efficiency of operations

The Review Commission will pursue a variety of means and strategies to meet the FY 2003 performance goals

detailed below in support of the Agency's strategic goals. During FY003, the Review Commission will:

Use modern automated technology and techniques, including the website, to continue to be citizen- oriented

and to provide faster and better public access to and dissemination of Review Commission information and

decisions

Explore and develop technology which will enable electronic transmission of information required by the

Review Commission, and improve the quality and efficiency of filing documents with the Review

Commission consistent with the Paperwork Elimination Act

Evaluate the Review Commission's computer security program to comply with the Government Information

Security Act

Guard the integrity and efficiency of the financial management and human resource programs to support

program and organizational needs and develop useful management and financial information systems that

facilitate aggregate reporting and oversight procedures and secure the information we possess

Improve the Review Commission's capability to interface online with government and non government

systems and improve procurement through the expanded application of on line-procurement and by making

greater use of performance based contracts

•Complete the implementation of plans for organizational streamlining (as appropriate) and knowledge

management strategies, continue the implementation of the employee succession and workforce transition

plans, and recruit for positions from a cross section of sources, including colleges, universities, law schools

Use a variety of electronic training (e.g., on-line training, video training, and CD ROMs) in place of

classroom training to enhance employee skills and knowledge and to achieve Agency goals, and high

performance

Improve telecommunications, availability, and speed of information accessed by employees, Federal agencies,

and the public

Performance Goals Performance

Indicators

FY 2001

Actual

FY 2002

Target

FY 2003

Target

2.1 Improve the effectiveness of our website

to ensure that communications remain

open, research-friendly, and current

Number of

enhancements

to improve

use

NA 1 2

2.3 Publish more CD-ROMs for use by

litigants, libraries, and other interested

parties

Number of

CD-ROMS

3 3 4

2.6 Promote the use of electronic transmission

of documents to the Review Commission

Percent of

effort

completed

NA 50%

(Evaluate the e-filing pilot

and expand effort)

50%

(Implement the Review

Commission's GPEA

strategy and plan)

2.7 Improve the timeliness of responses to

questions received from the public

Average

number of

working days

NA 20 days from receipt 18 days from receipt
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3.1 Recruit and maintain a diverse, and highly

motivated staff

Percent of

effort

completed

50%

(Develop succession

plans, knowledge

management strategies

and job competencies)

50%

(Complete FY 2001 efforts

and write workforce

transition plans)

25%

(New effort - Implement

workforce succession and

transition plans)

3.2.1 Expand training delivery methods to

accommodate workforce needs

Percent of

training

offered by

specific

means

NA 70% - classroom

20% - audio/video

tape/CDROM

10% - on-line

20% - classroom

50% - audio/video

tape/CDROM

30% - on-line

3.3 Improve internal communications Percent of

effort

completed

50%

(Develop and install

Intranet)

50%

(Complete development and

installation of Intranet)

(New effort - Publish

25% of policies,

memoranda and

decissions on the

Intranet)

3.6 Improve the performance management

program to enhance individual and

organizational effectiveness

Percent of

effort

completed

NA 25%

(Review and rewrite 25% of

position descriptions)

25%

(Review and rewrite an

additional 25% of

position descriptions)

3.7 Invest in an effective information

technology infrastructure that meets user

needs and secures against unauthorized

access or disruption

Percent of

effort

completed

NA 50%

(Develop security policy,

employee awareness

initiatives and evaluate

program effectiveness)

50%

(Evaluate security

programs)

3.9 Increase electronic communications to

improve quality, availability, and speed of

information and efficiency of operations

Percent of

improvement

over base

year, FY 99

NA 30%

(Improve speed, availability

and quality - complete by

migrating to client server

environment)

10%

(Improve quality and

efficiency of operations)

V. Budget by Object

Classification Category

Budget by Object Classification Category

For FY 2003, the Review Commission requests $10,637,000. This amount is 7.3 percent above the comparable

amount available for FY 2002 ($9,914,000). The request would support 69 FTEs. The increase in our budget

request reflects increased rent costs, increased costs for personnel/payroll and financial and administrative

services, and increased cost for information technology security. In order to absorb some of the increased

requirements, we have reduced or eliminated support for travel, training, equipment, and other services.

The request includes funds for the proposed 2.6 percent pay raise. The request assumes that the Review

Commission's contribution rate to the Civil Service Retirement System will revert to 7.5 percent for the first

quarter of FY 2003, and to 7 percent thereafter. Included in the request is $1,060,000 to fund the proposal to fully

charge employee pension and annuitant health benefits accruals. The FY 2002 comparable amount is $950,000.

The proposed budget by object classification category is shown in the table below, along with the current year

budget. A narrative explanation of the amounts requested for each object classification follows the table.
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Object Classification Table

for the

Occupational Safety and Health Review Commission

Fiscal Years 2002 and 2003

($ in 000s)

Change FY 2002-

2003

Object Class FY

2002

FY

2003

$ %

11.1 Full Time Permanent 6,152 6,340 +188 +3.1

11.5 Other Compensation 25 25 0 0

Sub-total 6,177 6,365 +188 +3.0

12.1 Benefits to Personnel 1,097 1,137 +40 +3.7

13 Employee pension and annuitant health benefits accruals (additional legislation

required)

950 1,060 +110 +11.6

21.0 Travel 127 97 -30 -23.6

22.0 Transportation of Things 7 7 0 0

23.1 Rental Payments to GSA 727 1,216 +489 +67.3

23.2 Rents, Communications, Utilities, and Miscellaneous 61 61 0 0

24.0 Printing 44 44 0 0

25.0 Other Services 424 302 -122 -28.8

25.1 Services by Other Federal Agencies 70 140 +70 +100.0

25.3 Repair and Maintenance of Equipment 36 36 0 0

26.0 Supplies 112 112 0 0

31.0 Equipment 82 60 -22 -26.8

Sub-Total 9,914 10,637 +723 +7.3

Less employee pension and annuitant health benefits accruals (additional

legislation required)

950 1,060 +110 +10.7

Total 8,964 9,577 +613 +6.8

11.1 Full Time Permanent Positions

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$6,152,000 $6,340,000 +188,000 +3.1

The request for FY 2003 includes $6,340,000 to fund the direct payroll costs of 69 FTEs. This is an increase of

$188,000 from the level available in FY 2002. This amount includes the effect of the general pay raise in January

2002 and of the proposed general pay raise in January 2003. All authorized positions are expected to be filled at

the start of the fiscal year, and any positions becoming vacant during the year are expected to be filled quickly.

The net effect of these two expectations is that the entire amount requested will be needed.

11.5 Other Compensation
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Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$25,000 $25,000 -0- -0-

Consistent with the Review Commission's encouragement of individual employee initiative and performance,

$25,000 is requested to provide funds to reward employees for superior performance or special acts or services.

Cash awards are a necessary incentive in the Review Commission's continuing effort to improve the quality and

timeliness of its work product, which in turn, contributes to overall agency efforts to accomplish its Annual

Performance Plan objectives.

12.1 Personnel Benefits

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$1,097,000 $1,137,000 +40,000 +3.7

An amount of $1,137,000 is needed to fund the payroll-related costs of employee benefits in FY 2003. These

benefits principally consist of the government's contribution to the CSRS and FERS retirement programs, life and

health insurance programs, and the Thrift Savings Plan. The request reflects the decrease in the government

contribution rates for the CSRS. Personnel Benefits are increasing as a proportion of personnel costs in general as

more employees are covered by the FERS program and as the costs and types of other benefits increase. We

expect these costs to increase from a projected 14 percent of total Salaries and Benefits in FY 2002 to 14.5 percent

in FY 2003.

13 Employee Pension and Annuitant Health Benefits Accruals

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$950,000 $1,060,000 +110,000 +11.6

An amount of $1,060,000 is needed to fund the employee pension and annuitant health benefits accruals (additional

legislation required). The Administration is proposing legislation to fully charge pension and annuitant health

benefits to the appropriate salaries and expenses accounts, in order to present the full costs of government

activities.

21.0 Travel

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$127,000 $97,000 -30,000 -23.6

The Review Commission requests $97,000 for travel of administrative law judges to conduct hearings. In order to

absorb increases in other areas, we have reduced or eliminated support for travel, training, equipment, and other

services.

22.0 Transportation of Things

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$7,000 $7,000 -0- -0-

An amount of $7,000 is requested to fund the cost of shipping materials between Review Commission offices and
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other locations, and the shipping costs associated with the purchase of supplies and equipment.

23.1 Rental Payments to GSA

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$727,000 $1,216,000 +489,000 +67.3

The request includes $1,216,000 for office space rent. Beginning in April 2003, we expect to pay $54.00 per square

foot for space to house our national office. This is a 160 percent increase from the $20.78 per square foot that we

pay currently. It should be noted that our current rent costs are deflated because they reflect savings from

negotiations with the General Services Administration (GSA) in FY 2000. Had we not realized these savings, our

rent per square foot in FY 2001 would have been $40.00 instead of the $20.78 we are paying now (based on the

rent for properties in the surrounding area). The estimated cost of $54.00 per square foot was provided by the

General Services Administration (GSA) based the estimate of current rents for space comparable to that occupied

by the National Office now. GSA will begin the procurement process in April of 2002, one year before the

expiration of the current lease.

23.2 Communications, Utilities and Miscellaneous Charges

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$61,000 $61,000 -0- -0-

Telephone and postage costs are projected to require $61,000 in FY 2003. Local phone service is expected to

require $38,000. Long distance service is estimated at $6,000, and postage for the required mailing of letters, cases,

and other materials is expected to be $17,000.

24.0 Printing

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$44,000 $44,000 -0- -0-

Our printing costs consist mainly of the charges for publishing proposed regulations and announcements in the

Code of Federal Regulations (CFR) and the Federal Register, purchasing copies of the CFR and the Federal

Register and other GPO publications. Together, these printing/publishing costs are expected to approximate

$9,000 in fiscal year 2003. The balance of the budget -- $35,000 -- is needed for continuing development and

maintenance of the Review Commission's Internet website, which is housed and maintained by the Government

Printing Office and for the production of compact discs which contain the latest decisions reached by the Review

Commission's Administrative Law Judges and by the full Commission.

25.0 Other Services

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$424,000 $302,000 -122,000 -28.8

An amount of $302,000 is requested for Other Services. A number of the obligations funded in this area have

uncontrollable costs. We have attempted to reduce other contract services where we can. This area includes such

unavoidable items as court reporting ($90,000), maintenance and development of the Review Commission's ADP

system ($60,000), support for new information technology security ($30,000), the Transportation Subsidy Program,
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and on-line legal research ($34,000). The category also includes other contractual services that are required as

circumstances warrant. In order to absorb costs in other areas, we have reduced or eliminated support for travel,

training, equipment, and other services.

25.1 Services by Other Federal Agencies

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$70,000 $140,000 +70,000 +100.00

An amount of $140,000 is requested for Services Provided by Other Federal Agencies. This area includes $15,000

for the costs of support by the National Finance Center, $105,000 for the costs of financial and administrative

services, and $20,000 for other interagency services.

The National Finance Center (NFC) informed us in April 2001 that the cost of financial and administrative

services it provides to the Review Commission would increase from under $50,000 to about $250,000 each year. In

addition, NFC estimated that a one-time cost of the conversion to

the newly developed Foundation Financial Information System alone would be from $750,000 to $3,000,000.

In May 2001, the Review Commission contacted other small agencies to whom NFC provides services. The five

agencies formed a group to obtain information on how other small agencies obtain these services and to discuss

providing these services with other agencies that provide financial and administrative services. We identified three

organizations as possible service providers. Early in our research, the Review Commission recognized that the

costs of financial and administrative services would be considerably higher than what we pay the NFC currently.

Further, NFC has not provided information on the costs of continuing to provide personnel and payroll services.

We expect that, beginning in October of 2002, the Bureau of Public Debt Administrative and Resources Center

will provide these services to the Review Commission. However, the costs of these financial and administrative

services, plus the cost of the personnel and payroll services that NFC will continue to provide, will more than

double what we currently pay.

25.3 Repair and Maintenance of Equipment

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$36,000 $36,000 -0- -0-

An amount of $36,000 is requested for Repair and Maintenance of Equipment including equipment used for

printing and ADP equipment.

26.0 Supplies

Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$112,000 $112,000 -0- -0-

The amount of $112,000 is requested for materials and publications. General office supplies will require an

estimated $22,000. ADP supplies, including software, will require approximately $20,000, and, subscriptions to

necessary legal and OSHA related publications will require $70,000.

31.0 Equipment
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Change FY 2002-FY 2003

FY 2002 FY 2003 Amount %

$82,000 $60,000 -22,000 -26.8

The amount of $60,000 is required for equipment in FY 2003, of which $53,000 is to be applied to computer

acquisitions. This amount will enable the Review Commission to continue the replacement cycle established in

earlier years. The expected life cycle of our ADP equipment is four years. Our ADP equipment includes personal

computers, printers, a local area network, and associated peripherals. The remaining $7,000 of the amount

requested for equipment will be used to replace worn or obsolete equipment or any furniture that may be needed.

V. Other Tables

Appropriation History

Occupational Safety and Health Review Commission

Fiscal Year Request to

Congress

House

Allowance

Senate

Allowance

Appropriation

1971 $ 75,000 $ 75,000 $ 75,000 $ 75,000

1972 400,000 400,000 400,000 1,592,000

1973 5,979,000 5,979,000 5,979,000 3,850,000

1974 4,890,000 4,890,000 4,890,000 4,687,000

1975 5,720,000 5,512,000 5,700,000 5,512,000

1976 5,806,000 5,769,000 5,769,000 5,769,000

TQ 1,464,000 1,464,000 1,464,000 1,464,000

1977 6,280,000 6,607,000 6,607,000 6,607,000

1978 7,150,000 7,150,000 7,150,000 7,150,000

1979 7,658,000 7,658,000 7,658,000 7,658,000

1980 7,450,000 7,450,000 7,450,000 7,450,000

1981 7,806,000 7,806,000 7,806,000 7,806,000

1982 7,787,000 7,787,000 7,387,000 7,092,000

1983 6,316,000 6,316,000 6,316,000 6,316,000

1984 6,331,000 5,982,000 6,339,000 5,982,000

1985 6,143,000 6,143,000 6,143,000 6,143,000

1986 5,742,000 5,901,000 5,901,000 5,647,000

1987 5,750,000 5,647,000 5,750,000 5,750,000

1988 6,232,000 5,885,000 5,885,000 5,885,000

1989 6,002,000 5,831,000 5,831,000 5,845,000

1990 5,970,000 5,970,000 5,970,000 5,970,000

1991 6,401,000 6,401,000 6,401,000 6,401,000

1992 6,711,000 6,497,000 6,497,000 6,711,000

1993 7,241,000 7,169,000 7,169,000 7,169,000

1994 7,262,000 7,362,000 7,362,000 7,362,000

1995 7,655,000 7,595,000 7,595,000 7,595,000

1996 8,127,000 8,200,000 8,100,000 8,081,000 1
OSHRC Fiscal Year 2003 Budget Request and Annual Performance Plan

file:///X|/netsite-docs/gpo54427/fy03_budget.html[1/13/2015 8:35:39 AM]

1997 7,753,000 7,753,000 7,753,000 7,738,000 2

1 Reduced to $8,081,000 by P.L. 104-134 2 Reduced to $7,738,000 by P.L. 104-208

Fiscal Year Request to Congress House Allowance Senate Allowance Appropriation

1998 7,800,000 7,900,000 7,800,000 7,900,000

1999 8,050,000 8,100,000 8,100,000 8,092,000 3

2000 8,500,000 8,100,000 8,500,000 8,470,000 4

2001 8,720,000 8,600,000 8,720,000 8,720,000

2002 8,964,000 8,964,000 8,964,000 8,964,000

2003 10,637,000 5

3 Reduced to $8,092,000 by H.R. 1664 4 Reduced to $8,470,000 by P.L. 106-113

5 Includes legislative proposal to fully charge pension

and annuitant health benefits

Authorized Full Time Positions, by Function

FY 2001

Actual

FY 2002 Estimate FY 2003 Proposed

Commission

Executive Level III 1 1 1

Executive Level IV 1 2 2

ES-6 1 1 1

ES-3 1 1 1

GS-15 4 5 5

GS-14 7 7.5 7.5

GS-13 1 1 1

GS-12 3 0 0

GS-11 1 1 1

GS-10 1 2 2

GS-9 1 1 1

GS-7 1 1 1

Sub-total 23 23.5 23.5

Administrative Law Judge

AL-I 1 1 1

AL-III 12 12 12

GS-14 4 4 4

GS-13 2 2 2

GS-11 4 4 4

GS-9 1 2 2

GS-8 2 2 2

GS-6 1 1 1

Sub-total 27 28 28
OSHRC Fiscal Year 2003 Budget Request and Annual Performance Plan

file:///X|/netsite-docs/gpo54427/fy03_budget.html[1/13/2015 8:35:39 AM]

Management and Administration

ES-6 1 1 1

GS-15 2 2 2

GS-14 3 3 3

GS-13 1 1 1

GS-12 2 2 2

GS-11 1 1.5 1.5

GS-10 1 1 1

GS-9 4 4 4

GS-7 1 2 2

Sub-total 17 17.5 17.5

Total full-time equivalent positions 67 69 69