FY 2003 Performance Report

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Fiscal Year 2003

Performance Report

February 2004

Occupational Safety and Health Review Commission

Annual Performance Report

Fiscal Year (FY) 2003

Report Overview

The Review Commission is submitting this report in accordance with the Government Performance and Results

Act (GPRA) of 1993, which requires federal agencies to submit a program performance report to the President and

Congress. This report is divided into two sections – a Fiscal Year (FY) 2003 Report Summary and the

Performance Report itself. A chart comparing the FY 2003 targeted and actual levels of performance for each

target follows this Report Overview. The FY 2003 Performance Report is organized by strategic goals. An

introductory section summarizes the FY 2003 performance for each goal. In FY 2003 the Review Commission

revised its Strategic Plan (2003-2008) and annual performance plan and modified and added performance goals

and targets. This performance report identifies the goals and targets developed under the preceding Strategic Plan

(2000 – 2005). It also reports on the goals and actual performance for the preceding four years.

During FY 2003, the Review Commission met 75% of the FY 2003 goals set forth in its FY 2003 Annual

Performance Plan (APP). The agency performed well in the areas of case adjudication for cases that proceeded at

the trial level, case settlements within six months, case adjudications of cases pending more than two years at the

Commission level, and most of the external communications and original goals. The agency missed, by a slight

margin, its goal of reducing the percent of settlements at the trial level that exceed the one year cycle time,

resolving cases within 325 days of being directed for review, one external communication goal and one

organizational goal. While the agency did not meet all of its FY 2003 APP goals, there was overall improvement in

performance compared to FY 2002. In fact the agency met 75% of its goals in FY 2003, compared to 73% of its

FY 2002 goals.

There continues to be a variety of factors that affect the agency’s ability to meet its adjudication cycle time in the

public service goal. These include: (1) continued presence of a quorum and/or this 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 Part program 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.

The Review Commission’s Strategic Plan is posted at www.oshrc.gov.

FISCAL YEAR 2003 REPORT SUMMARY
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PERFORMANCE GOAL INDICATORS/TARGET MET 

YES/NO

ACTUAL PERFORMANCE

1.1 Increase the percent

of non-complex cases

involving a hearing at the

ALJ level that are

disposed of within 325

days

78% within 325 days YES 82% of non-complex decisions were

disposed of within 325 days at the

ALJ level

1.2 Increase the percent

of complex cases

involving a hearing at the

ALJ level that are

disposed of within 18

months

80% within 540 days YES 81% of complex decisions were

disposed of within 540 days at the

ALJ level

1.3 Increase the percent

of cases without a

hearing that are

disposed of at the ALJ

level within six months

76% within 180 days YES 80% of cases disposed of without

hearing were resolved within 180

days at the ALJ level

1.4 Increase the percent

of cases without a

hearing that are

disposed of at the ALJ

level in one year

99% within 365 days NO Goal was substantially met - 98% of

cases disposed of without hearing

were resolved within 365 days at the

ALJ level

1.5 Increase the percent

of Commission-level

dispositions issued within

325 days

57% of cases within

325 days

NO 35% of decisions were disposed of

within 325 days at the Commission

level. The goal was not met in FY

2003 because the agency realized

mid -year that the target was

mathematically impossible based on

the definition of the goal and

therefore, the agency diverted

resources to meet target 1.6.

1.6 Reduce the number

of cases pending

Commission-level

disposition for more than

two years

32% reduction in the

number of cases

pending more than 2

years

YES There was a 38% reduction in cases

pending at the Commission level

more than two years.

2.1 Improve the

effectiveness of our

website to ensure its

communications remain

open, research-friendly,

and current through the

agency’s world wide

website

3 enhancement YES The agency’s decision page was

rewritten to better assist the public in

defining search criteria and ordering

CD ROMs, the declaimer was

strengthened and points of contacts

were added. The scrolling marquee

was also modified to be activated

when significant information requires

dissemination of information to the

public.

2.2 Improve the

frequency of publication

of CD-ROMs for use by

litigants, libraries, and

4 CD ROMS YES 4 CDs issued.
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other interested parties

2.6 Promote the use of

electronic transmission of

documents to the Review

Commission

50% Implement the

Review Commission’s

GPEA strategy and

plan

NO 45% of effort completed. Goal not

met due to a change in Review

Commissions’ strategy to more

closely parallel the electronic filing

procedures used by the United

States Courts.

2.7 Improve the

timeliness of responses

to questions received

from the public

Average of 18 work

days (for Freedom of

Information Act (FOIA)

responses)

YES On average, the Review Commission

responded to FOIA requests within

17 workdays

3.1 Recruit and maintain

a diverse, and highly

motivated staff

25% New effort –

Implement workforce

succession and

transition plans

YES 25% Implemented workforce plans

for regional offices.

3.2 Expand training

delivery methods to

accommodate workforce

needs

20% classroom

50% audio/video

30% on-line

NO Goal not met due to change in

Review Commission strategy.

Training hours:

89% classroom;

6% audio/video tape/CDROM;

5% on-line

3.3 Improve internal

communications

Publish 25% of

policies, memoranda

and decisions on the

Intranet

YES Goal Exceeded - Published 40% of

policies, memoranda and decisions

on the Intranet.

3.4 Improve the

performance

management program to

enhance individual and

organizational

effectiveness

Review and rewrite an

additional 25% of

position descriptions

YES Reviewed and rewrote an additional

27% of position descriptions.

3.7 Invest in an effective

information technology

infrastructure that meets

user needs and secures

against unauthorized

access or disruption

50% Evaluate security

programs

YES 50% Evaluated information security

programs and policies.

3.9 Increase electronic

communications to

improve quality,

availability, and speed of

information and

efficiency of operations

10% Improved quality

and efficiency of

operations.

YES 10% Improved quality and efficiency

of operations by improving the

electronic repository of information

for agency personnel to access

information in a timely and secure

fashion.

* The performance goals are goals that were in effect in FY 2003. Goals that were completed in FY 2002 are not

listed. Therefore the numbers of the goals are not sequential.

FISCAL YEAR 2003 PERFORMANCE REPORT
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Background on the Review Commission

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 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 when disputes with OSHA arise.

Employers contesting citations are entitled to a full evidentiary hearing, consistent with the rules used by U.S.

federal district courts, before the Review Commission’s administrative law judges. The Occupational Safety and

Health Act and the Review Commission's Rules of Procedure, which by law mirror the federal rules, 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 sixyear 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.

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 continues to strive to be:

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

professional;

agency that creates a body of law through its decisions that define and explain 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.
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Fiscal Year 2000-2005 Strategic Plan Goals

In 1997, the Review Commission established goals to effectively accomplish its mission. The agency 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, and Quality Management. When

the Review Commission issued its Revised Strategic Plan for 2000-2005, the agency modified and realigned its

performance goals. The Review Commission continued its two broad external goals to improve the agency’s

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

operational goals into one operational goal to align more closely with the overall mission of the agency. In FY

2003, the Review Commission updated its Strategic Plan for 2003 - 2008. This report focuses on the FY 2000 –

2005 strategic goals and annual performance plans.

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 FY 2003, each of the more than 2,300 new cases filed with the agency was

entered into the case management system, and progress on all cases was tracked. In order to assure the quality

of the data, management periodically reviews the information in the case management/tracking system. The

agency conducts test runs of the data to ensure that information is entered and updated on a timely basis. Semiannual and annual reviews are conducted by the appropriate managers to ensure the accuracy of the data, to

monitor performance goals and progress, and produce reports. The reports are used to assess workload and

make workload adjustments, when necessary. At the end of the year, this data is used by the offices to measure

performance related to the goal and improve program management.

Program Evaluation

The Review Commission contracted for two independent financial audits of its FY 2002 and FY 2003 balance

sheets and related statements of net cost, statements of changes in net position, statements of budgetary

resources and statements of financing. The Review Commission received an “unqualified” opinion on all these

statements and for both audits. The auditors also provided a report on agency’s internal control and compliance

with laws and regulations. There were no material weaknesses or reportable conditions in internal control. Also,

there were no instances in which the agency’s financial management systems did not substantially comply with

laws and regulations. These financial audits were conducted by two different firms. The Review Commission

contracted for an annual independent evaluation to be completed in FY 2003 for its computer and information

security, consistent with the Federal Information Security Management Act of 2002. This independent evaluation
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identified the failure to finalize a contingency of operations plan as the only material weakness in the agency’s

policy and provided recommendations for the overall improvement of the agency’s security program and plan.

Some of the recommendations involved modifying or supplementing existing security policies, and ensuring

technical controls for hardware are improved to strengthen the agency’s security posture. The agency is using the

recommendations from the review to ensure security programs, infrastructure and practices comply with the Act.

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 2002 Actual Performance: The Review Commission met the targets for five of the six

performance goals..

1.1 Increase the percent of non-complex cases disposed of with hearing that are disposed of within

325 days at the ALJ level.

            ●          FY 2003 Target: : Complete 78 percent of non-complex cases disposed of with hearing within

325 days from the date of assignment to a judge. TARGET MET. Eighty-two percent of cases were completed

within the targeted time frame.

FY 1999 2000 2001 2002 2003

Cycle time Target 90%

within

350 days

90%

within

325 days

N/A

Goal was

changed

N/A

Goal was

changed

N/A

Percent meeting

cycle time goal

Actual 67% 58% N/A N/A N/A

Percent of

non-complex

cases with hearing

resolved within

325 days

Target New for

FY 2001

New for FY

2001

70% 75% 78%

Actual N/A N/A 83% 77% 82%

1.2 Increase the percent of complex cases disposed of with hearing that are disposed of within 18

months at the ALJ level.

            ●          FY 2003 Indicator/Target: Complete 80 percent of complex cases1 disposed of with hearing

within 540 days from the date of assignment to a judge. TARGET MET. Eighty-one percent of cases were

completed within the targeted time frame.
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FY 1999 2000 2001 2002 2003

Percent of complex

cases without

hearing resolved

within 540 days

Target New for FY

2001

New for FY

2001

70% 75% 80%

Actual N/A N/A 100% 92% 81%

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.

           ●          FY 2003 Target: Seventy-six percent of ALJ cases disposed of without hearing are disposed of

within 180 days. TARGET MET. Eighty percent of cases were completed within the targeted time frame.

FY 1999 2000 2001 2002 2003

Cycle time in days Target 180 180 180 180 N/A

Actual 155 159 180 180 N/A

Percent of cases

without hearing disposed of

within 180 days

Target New for

FY 2001

New for

FY 2001

70% 75% 76%

Actual N/A N/A 78% 77% 80%

Number of cases disposed of

without hearing

Actual 1,494 1,657 1,711 2,067 2,304

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.

           ●          FY 2003 Target: : Ninety-nine percent of the cases closed without a hearing are resolved within

365 days. TARGET NOT MET. The agency came close to meeting this goal - 98 percent of cases were disposed

of without hearing within 365 days. The agency failed to meet this target by 12 cases. In terms of number of

cases that were actually disposed of without hearing in FY 2003, 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. Excluding the complex cases, cases that originated from remote locations, cases that

were joined and cases that were stayed from processing pending ongoing federal criminal proceedings, the

Review Commission resolved 99 percent of cases in less than a year.

FY 1998 1999 2000 2001 2002 2003

Percent of cases exceeding

one year

Target 5% 3% 2% 1% 1% 1%

Actual 4% 3% 2.77% 1.82% 1.98 1.98

99%
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Percent of cases disposed of

without hearing in less than

a year

Target 95% 97% 98% 99% 99%

Actual 96% 97% 97% 98% 98% 98%

Number of cases disposed

of without hearing in less

than a year

Actual 2,125 2,023 2,416 2,158 2,026 2,269

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

            ●     FFY 2003 Indicator/Target: Fifty-seven percent of new Commission-level cases are decided within

325 days of being directed for review. TARGET NOT MET. Thirty-five percent of decisions (11 cases) were

disposed of within 325 days of being directed for review. The goal was missed by seven cases out of the needed

18. The goal was not met in FY03 because the agency realized mid-year that the target was mathematically

impossible based on the definition of the goal and therefore, the agency diverted resources to meet target 1.6.

Overall program performance was not affected; instead, more cases older than two years were issued. The

agency has updated its strategic plan and FY 2004 performance plan to dispose of older cases first. The

immediate aim is to reduce the existing backlog, with the eventual goal that no case will sit for more than nine

months on review.

 

FY 1999 2000 2001 2002 2003

Cycle time

Percent of cases resolved within

targeted time frame

 Target 95%

within

350 days

or less

95%

within

325 days

or less

Goal was

changed

in 2001

Goal was

changed

in 2001

Goal was

changed in

2001

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

Number of cases meeting cycle

time goal

Actual 20 11 N/A N/A N/A

Average cycle time (in days) Actual 447 566 583 530 N/A

Percent of Cases resolved within

targeted time frame

Taerget New for

FY 2001

New for

FY 2001

50%

within

325 days

55%

within

325 days

57%

within

325 days

Actual N/A N/A 56% 43% 35%

Total number of cases resolved Actual 43 36 52 21 31

1.6 Reduce by a percent the number of cases pending Commission-level disposition for more than

two years.

            ●     FFY 2003 Target: Thirty-two percent reduction in the number of cases pending Commission-level

dispositions for more than two years. TARGET MET. There was a 38% reduction in the number of such cases.
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The Commission disposed of 17 cases that were older than two years.

 

FY 1999 2000 2001 2002 2003

Percent reduction

in cases pending

more than two

years

Target New for

FY 2001

New for FY

2001

25%

reduction in

number of

cases

pending more

than two

years

30%

reduction in

number of

cases

pending more

than two

years

32% reduction

in number of

cases pending

more than two

years

Actual N/A N/A 36%

reduction in

number of

cases

pending more

than two

years

22%

reduction in

number of

cases

pending more

than two

years

38% reduction

in number of

cases pending

more than two

years

External Communications Goal

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

it serves

Summary of FY 2003 Actual Performance: The Review Commission met the targets for three of four of

the performance goals..

2.1 Improve the effectiveness of our website to ensure its communications remain open, researchfriendly, and current. (New FY 2002 Performance Goal)

            ●     FFY 2003 Target: Three enhancements. TARGET MET. The agency’s decision page was rewritten to

better assist the public in defining search criteria and ordering CD ROMs, the declaimer was strengthened, and

points of contacts were added. The scrolling marquee was also modified to be activated when significant

information requires dissemination of information to the public.

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

interested parties.

            ●     FY 2003 Target: Publish four CDs to include the most recent Review Commission decisions for use

by litigants, libraries and other interested parties. TARGET MET. Four CDs were published

FY 1998 1999 2000 2001 2002 2003

Number of CD-ROMs Target 1 1 1 1 3 4

Actual 0 1 2 3 5 4
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2.4 Improve and strengthen mechanisms for communications between the Review Commission and

entities that have an interest in its activities

            ●     FY 2002 Indicator/Target: Fifty percent of effort - Conduct focus group to review key business

processes. TARGET NOT MET. Pilot participants in the agency’s electronic filing pilot assisted in the agency’s

evaluation of its pilot. A focus group was no longer needed to complete the evaluation due to the limited number

of participants; however, participants in the pilot assisted with the agency’s evaluation effort.

FY 1998 1999 2000 2001 2002

Percent of

effort to

complete

Goal 50% 80% 100% 100%

(survey)

50% (focus

group)

Actual 50%

(National

Safety and

Health

Adjudicator’s Conference

held)

70%

(Update

some links to

State

Websites and

draft report of

State Plan’s

procedures

completed)

100%

(Improved

website links

and ADR

forum held)

100%

(E-Z Trial

survey

completed)

50%

(Electronic

filing pilot

evaluated)

2.5 Produce reports on the Review Commission’s activities

             ●     FY 2002 Indicator/Target: One Biennial Report. TARGET NOT MET. A draft of the Biennial Report

was completed prior to the end of the fiscal year and published in October 2001. The report covered fiscal years

2000- 2001. Previous Biennial Reports had been published for fiscal years 1998-1999 and 1996-1997.

2.6 Promote the use of electronic transmission of documents to the Review Commission

             ●     FY 2003 Target: Implement 50% of GPEA Plan. TARGET NOT MET. Forty-five percent of the effort

was completed. The Executive Secretary drafted proposed rule changes, met with the agency’s judges about

changes in electronic filing in the Federal courts, researched Federal court rules, and consulted with personnel in

the Federal courts. The agency incorporated this goal in plans to acquire new information technology software

and equipment.

This goal was not met because of changes to the Review Commission’s strategy to more closely parallel the

electronic filing procedures used by the United States Courts. The performance goal of 50% was set at an

approximate level and the deviation from that level is slight. There was no effect on overall program or activity

performance. 

FY 1998 1999 2000 2001 2002 2003

Percent of

steps

completed

Target

N/A

Determine

feasibility

Pretest

and pilot

Continue

pilot

Evaluate

the pilot

50%

Implement

Initiative

Actual N/A Determined

feasibility

Pretested

and

piloted

Continued

pilot

Evaluated

the pilot

45%
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2.7 Improve the timeliness of response to questions received from the public (New FY 2002

Performance Goal)

             ●     FY 2003 Target: Average 18 workdays for responses to Freedom of Information Act (FOIA)

requests. TARGET MET. Goal Exceeded. The agency responded to FOIA requests in an average of 17 workdays.

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 2003 Actual Performance: The Review Commission met the targets for five of six

performance goals.

3.1 Recruit and maintain a diverse and highly motivated staff

            ●     FFY 2003 Target: Twenty-five percent of effort (complete succession and transition plans and

knowledge management strategy). TARGET MET. Implemented succession and transition plans and recruitment

resource listings were updated.

FY 1998 1999 2000 2001 2002 2003

Percent of

effort

completed

Target New

for FY

2001

New

for FY

2001

New

for FY

2001

50% 50% 25%

Implement

workforce

succession

and

transition

plan

Actual N/A N/A N/A 50%

(Developed

succession

plans,

knowledge

management

strategies and

job

competencies)

50%

(Completed

FY 2001

efforts and

wrote

workforce

transition

plans)

25%

Implemented

plans for

regional

offices

3.2.1 Expand training delivery methods to accommodate workforce needs (New FY 2003 Performance

Goal)

           ●     FFY 2003 Indicator/Target: Twenty percent classroom, 50% audio/video tape, 30% on-line. TARGET

NOT MET. Substantial effort was made to expand training delivery methods. This effort was not met because the

agency’s strategy to enhance on-line training was modified to involve only the administrative staff. Moreover,

fewer audio/video tapes were used for training purposes. Employees obtained training through classroom (89%),
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audio/video (6%) and on-line (5%) methods. There was no effect on overall program or activity performance.

3.3 Improve internal communications (New FY 2003 Performance Goal)

            ●     FY 2003 Target: Publish 25% of policies, memoranda, and decisions on the Intranet). TARGET

MET. Goal Exceeded. Published 40% of policies, memoranda and decisions on the Intranet.

3.4 Improve the performance management program to enhance individual and organizational

effectiveness (New FY 2002 Performance Goal)

            ●     FY 2003 Target: Twenty-five percent of effort (Review and rewrite 25% of position descriptions).

TARGET MET. Twenty-seven percent of position descriptions were reviewed and written.

3.7 Invest in an effective information technology infrastructure that meets user needs and secures

against unauthorized access or disruption. (New FY 2002 Performance Goal)

            ●     FY 2003 Target: Fifty percent of effort (evaluate security program). TARGET MET. An external

independent audit was completed.

3.9 Increase electronic communications to improve quality, availability, and speed of information and

efficiency of operation. (New FY 2001 Performance Goal)

            ●      FY 2003 Target: Ten percent of effort (improve quality and efficiency of operations). TARGET MET.

Improved quality and efficiency of operations by improving the electronic repository of information for agency

personnel to access information in a timely and secure fashion.

1Complex cases are those involving many parties, intricate legal issues, multiple violations, a large number of

witnesses, or extensive discovery.