OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

FREEDOM OF INFORMATION ACT (FOIA) REPORT 

FISCAL YEAR 2013

I. Basic Information Regarding Report

1. Name, title, address and telephone number of person to be contacted with 

questions about this report: 

Lyndsey Frushour, Attorney-Advisor

Occupational Safety and Health Review Commission

Office of the General Counsel

1120 20th St., NW, 9th Floor

Washington, DC 20036-3457

(202) 606-5700

2. Electronic address for this report on the World Wide Web:

http://www.oshrc.gov/foia/foia_annual_reports.html. This report can be found in the 

“FOIA” section of the agency’s Web site. 

3. Address for requesting paper copies of this report:

Lyndsey Frushour, Attorney-Advisor

Occupational Safety and Health Review Commission

Office of the General Counsel

1120 20th St., NW, 9th Floor

Washington, DC 20036-3457

II. Making a FOIA Request

For basic information on how to make a FOIA request, please visit our Web site at 

www.oshrc.gov, click on the “FOIA” section, and then click on the “The Freedom of 

Information Act Reference Guide” or type http://www.oshrc.gov/foia/foiaguide.html in 

your browser.

1. Names, addresses, and telephone numbers of all individual agency components 

that receive FOIA requests:

Occupational Safety and Health Review Commission

FOIA Requester Service Center*

1120 20th St., NW, 9th Floor

Washington, DC 20036-3457

(202) 606-5700

*OSHRC centrally processes all FOIA requests.

2. Brief description of why some requests are not granted and an overview of certain 

general categories of the agency’s records to which the FOIA exemptions apply: 

Some requests are not granted because no record responsive to the request is located. 

Requests are also not granted because the request is for records not held by this agency 

and has to be referred to the proper agency. Some requests are not granted because the 

records requested are protected by one of the nine exemptions specified in the FOIA. 

Certain general categories of this agency’s records to which the FOIA exemptions may 

apply include: OSHRC case files, OSHRC adjudicatory deliberations files, and OSHRC 

personnel files. 
3. Electronic Link to agency’s FOIA regulations

OSHRC’s regulations implementing the FOIA, which include its fee schedule, can be 

found at 29 C.F.R. Part 2201 and at the agency’s website: 

http://www.oshrc.gov/foia/regs_implementing_foia.html

III. Acronyms, Definitions, and Exemptions

1. Agency-specific acronyms or other terms: 

OSHRC, for Occupational Safety and Health Review Commission.

2. Terms used in this Report:

Administrative Appeal – a request to a federal agency asking that it review at a higher 

administrative level a FOIA determination made by the agency at the initial request level.

Average Number – the number obtained by dividing the sum of a group of numbers by 

the quantity of numbers in the group. For example, of 3, 7, and 14, the average number is 

8.

Backlog – the number of requests or administrative appeals that are pending at an agency 

at the end of the fiscal year that are beyond the statutory time period for a response. 

Component – for agencies that process requests on a decentralized basis, a “component” 

is an entity, also sometimes referred to as an Office, Division, Bureau, Center, or 

Directorate, within the agency that processes FOIA requests. The FOIA now requires 

that agencies include in their Annual FOIA Report data for both the agency overall and 

for each principal component of the agency. 

Consultation – the procedure whereby the agency responding to a FOIA request first 

forwards a record to another agency for its review because that other agency has an 

interest in the document. Once the agency in receipt of the consultation finishes its 

review of the record, it responds back to the agency that forwarded it. That agency, in 

turn, will then respond to the FOIA requester. 

Exemption 3 Statute – a federal statute that exempts information from disclosure and 

which the agency relies on to withhold information under subsection (b)(3) of the FOIA. 

FOIA Request – a FOIA request is generally a request to a federal agency for access to 

records concerning another person (i.e., a “third-party” request), or concerning an 

organization, or a particular topic of interest. FOIA requests also include requests made 

by requesters seeking records concerning themselves (i.e., “first-party” requests) when 

those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, 

because all first-party requesters should be afforded the benefit of both the access 

provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include 

any first-party requests where an agency determines that it must search beyond its 

Privacy Act “systems of records” or where a Privacy Act exemption applies, and the 

agency looks to FOIA to afford the greatest possible access. All requests which require 

the agency to utilize the FOIA in responding to the requester are included in this Report. 

Additionally, a FOIA request includes records referred to the agency for processing and 

direct response to the requester. It does not, however, include records for which the 

agency has received a consultation from another agency. (Consultations are reported 

separately in Section XII of this Report.)

Full Grant – an agency decision to disclose all records in full in response to a FOIA 

request.

Full Denial – an agency decision not to release any records in response to a FOIA 

request because the records are exempt in their entireties under one or more of the FOIA 

exemptions, or because of a procedural reason, such as when no records could be located.

Median Number – the middle, not average, number. For example, of 3, 7, and 14, the 

median number is 7. 
Multi-Track Processing – a system in which simple requests requiring relatively 

minimal review are placed in one processing track and more voluminous and complex

requests are placed in one or more other tracks. Requests granted expedited processing 

are placed in yet another track. Requests in each track are processed on a first in/first out 

basis. 

Expedited Processing – an agency will process a FOIA request on an expedited 

basis when a requester satisfies the requirements for expedited processing as set 

forth in the statute and in agency regulations. 

Simple Request – a FOIA request that an agency using multi-track processing 

places in its fastest (non-expedited) track based on the low volume and/or 

simplicity of the records requested. 

Complex Request – a FOIA request that an agency using multi-track processing 

places in a slower track based on the high volume and/or complexity of the 

records requested. 

Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to 

disclose portions of the records and to withhold other portions that are exempt under the 

FOIA, or to otherwise deny a portion of the request for a procedural reason. 

Pending Request or Pending Administrative Appeal – a request or administrative 

appeal for which an agency has not taken final action in all respects. 

Perfected Request – a request for records which reasonably describes such records and 

is made in accordance with published rules stating the time, place, fees (if any) and 

procedures to be followed.

Processed Request or Processed Administrative Appeal – a request or administrative 

appeal for which an agency has taken final action in all respects.

Range in Number of Days – the lowest and highest number of days to process requests 

or administrative appeals. 

Time Limits – the time period in the statute for an agency to respond to a FOIA request 

(ordinarily twenty working days from receipt of a perfected FOIA request).

3. Descriptions of the Nine FOIA Exemptions:

Exemption 1: classified national defense and foreign relations information

Exemption 2: information that is related solely to the internal personnel rules and 

practices of an agency

Exemption 3: information that is prohibited from disclosure by another federal law

Exemption 4: trade secrets and other confidential business information

Exemption 5: inter-agency or intra-agency communications that are protected by legal 

privileges

Exemption 6: information involving matters of personal privacy

Exemption 7: records or information compiled for law enforcement purposes, to the 

extent that the production of those records (A) could reasonably be expected to interfere 

with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an 

impartial adjudication, (C) could reasonably be expected to constitute an unwarranted 

invasion of personal privacy, (D) could reasonably be expected to disclose the identity of 

a confidential source, (E) would disclose techniques and procedures for law enforcement 

investigations or prosecutions, or would disclose guidelines for law enforcement 

investigations or prosecutions, or (F) could reasonably be expected to endanger the life or 

physical safety of any individual

Exemption 8: information relating to the supervision of financial institutions

Exemption 9: geological information on wells
IV. EXEMPTION 3 STATUTES 

Statute Type of Information

Withheld Case Citation Agency / Component

Number of 

Times

Relied upon

by Agency / 

Component

Total Number 

of

Times Relied 

upon

by Agency 

Overall

0
V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Agency / Component

Number of Requests

Pending as of Start

of Fiscal Year

Number of

Requests Received

in Fiscal Year

Number of

Requests Processed

in Fiscal Year

Number of Requests

Pending as of End

of Fiscal Year

OSHRC 0 50 47 3

0

AGENCY OVERALL 0 50 47 3
V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

Agency / 

Component

Number of 

Full 

Grants

Number of 

Partial 

Grants / 

Partial 

Denials

Number of 

Full 

Denials 

Based on 

Exemptions

Number of Full Denials Based on Reasons Other than Exemptions

No 

Records

All 

Records 

Referred to

Another 

Component 

or Agency

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

FOIA 

Request 

for Other 

Reason

Not 

Agency 

Record

Duplicate 

Request

Other 

*Explain 

in Chart 

Below

TOTAL

OSHRC 19 13 0 5 0 10 0 0 0 0 0 0 47

0

AGENCY 

OVERALL 19 13 0 5 0 10 0 0 0 0 0 0 47
V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS 

BASED ON REASONS OTHER THAN EXEMPTIONS"

Agency / 

Component Description of "Other" Reasons for Denials from Chart B(1)

Number of Times 

"Other" Reason 

Was Relied Upon

TOTAL

OSHRC N/A 0

0

AGENCY 

OVERALL 0
V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component Ex. 1 Ex. 2 Ex. 3 Ex. 4 Ex. 5 Ex. 6 Ex. 7(A) Ex. 7(B) Ex. 7(C) Ex. 7(D) Ex. 7(E) Ex. 7(F) Ex. 8 Ex. 9

OSHRC 0 0 0 1 1 12 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 1 1 12 0 0 0 0 0 0 0 0
VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS

-- RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS

Agency / Component

Number of Appeals

Pending as of Start

of Fiscal Year

Number of

Appeals Received

in Fiscal Year

Number of

Appeals Processed

in Fiscal Year

Number of Appeals

Pending as of End

of Fiscal Year

OSHRC 0 0 0 0

0

AGENCY OVERALL 0 0 0 0
VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS

Agency / Component Number Affirmed on 

Appeal

Number Partially 

Affirmed & Partially 

Reversed/Remanded on 

Appeal

Number Completely 

Reversed/Remanded on 

Appeal

Number of Appeals 

Closed for Other Reasons TOTAL

OSHRC 0 0 0 0 0

0

AGENCY OVERALL 0 0 0 0 0
VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component Ex. 1 Ex. 2 Ex. 3 Ex. 4 Ex. 5 Ex. 6 Ex. 7(A) Ex. 7(B) Ex. 7(C) Ex. 7(D) Ex. 7(E) Ex. 7(F) Ex. 8 Ex. 9

OSHRC 0 0 0 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0
VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS

Agency / 

Component No Records

Records 

Referred at 

Initial 

Request 

Level

Request 

Withdrawn

Fee-Related 

Reason

Records not 

Reasonably 

Described

Improper 

Request for 

Other 

Reasons

Not Agency 

Record

Duplicate 

Request or 

Appeal

Request in 

Litigation

Appeal 

Based 

Solely on 

Denial of 

Request for 

Expedited 

Processing

Other 

*Explain in 

chart below

OSHRC 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0
VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS

Agency / 

Component Description of "Other" Reasons for Denial on Appeal from Chart C(2)

Number of Times 

"Other" Reason 

Was Relied Upon

TOTAL

OSHRC N/A 0

0

AGENCY 

OVERALL 0
VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Agency / Component Median Number of Days Average Number of Days Lowest Number of Days Highest Number of Days

AGENCY OVERALL 0.00 0.00 0.00 0.00
VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component

10th Oldest 

Appeal 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Appeal

Date of Appeal

Number of Days Pending

AGENCY 

OVERALL

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days Pending 0 0 0 0 0 0 0 0 0 0
VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Number of 

Days

Average 

Number of 

Days

Lowest 

Number of 

Days

Highest 

Number of 

Days

Median 

Number of 

Days

Average 

Number of 

Days

Lowest 

Number of 

Days

Highest 

Number of 

Days

Median 

Number of 

Days

Average 

Number of 

Days

Lowest 

Number of 

Days

Highest 

Number of 

Days

AGENCY 

OVERALL 7.5 9.8 <1 24 55 55 55 55 N/A N/A N/A N/A
VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS 

GRANTED

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Number of 

Days

Average 

Number of 

Days

Lowest 

Number of 

Days

Highest 

Number of 

Days

Median 

Number of 

Days

Average 

Number of 

Days

Lowest 

Number of 

Days

Highest 

Number of 

Days

Median 

Number of 

Days

Average 

Number of 

Days

Lowest 

Number of 

Days

Highest 

Number of 

Days

AGENCY 

OVERALL 10 11.9 <1 24 55 55 55 55 N/A N/A N/A N/A
VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

81-100 

Days

101-120 

Days

121-140 

Days

141-160 

Days

161-180 

Days

181-200 

Days

201-300 

Days

301-400 

Days

401+

Days

TOTAL

OSHRC 44 2 0 0 0 0 0 0 0 0 0 0 0 46

0

AGENCY 

OVERALL 44 2 0 0 0 0 0 0 0 0 0 0 0 46
VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

81-100 

Days

101-120 

Days

121-140 

Days

141-160 

Days

161-180 

Days

181-200 

Days

201-300 

Days

301-400 

Days

401+

Days

TOTAL

OSHRC 0 0 1 0 0 0 0 0 0 0 0 0 0 1

0

AGENCY 

OVERALL 0 0 1 0 0 0 0 0 0 0 0 0 0 1
VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

81-100 

Days

101-120 

Days

121-140 

Days

141-160 

Days

161-180 

Days

181-200 

Days

201-300 

Days

301-400 

Days

401+

Days

TOTAL

OSHRC 0 0 0 0 0 0 0 0 0 0 0 0 0 0

0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0
VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS

Agency / Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Number 

Pending

Median 

Number of 

Days

Average 

Number of 

Days

Number 

Pending

Median 

Number of 

Days

Average 

Number of 

Days

Number 

Pending

Median 

Number of 

Days

Average 

Number of 

Days

AGENCY OVERALL 3 9 9 0 0 0 0 0 0
VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

Agency / 

Component

10th Oldest 

Request

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Request

Date of Receipt

Number of Days Pending

AGENCY 

OVERALL

Date of Receipt N/A N/A N/A N/A N/A N/A N/A 2013-09-27 2013-09-17 2013-08-20

Number of Days Pending 0 0 0 0 0 0 0 1 9 17
VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency / 

Component Number Granted Number Denied Median Number of Days to Adjudicate

Average Number of 

Days to Adjudicate

Number 

Adjudicated Within 

Ten Calendar Days

AGENCY 

OVERALL 0 0 N/A N/A N/A
VIII.B. REQUESTS FOR FEE WAIVER

Agency / 

Component Number Granted Number Denied Median Number of Days to Adjudicate

Average Number of 

Days to Adjudicate

AGENCY 

OVERALL 3 0 1 1
IX. FOIA PERSONNEL AND COSTS

Agency / 

Component

PERSONNEL COSTS

Number of "FullTime FOIA 

Employees"

Number of 

"Equivalent FullTime FOIA 

Employees"

Total Number of 

"Full-Time FOIA 

Staff"

Processing Costs Litigation-Related 

Costs

Total Costs

OSHRC 0 2 2 $221,232.00 $0.00 $221,232.00

0 $0.00

AGENCY 

OVERALL 0 2 2 $221,232.00 $0.00 $221,232.00
X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency / Component Total Amount of Fees 

Collected Percentage of Total Costs

OSHRC $1,233.00 0.56%

AGENCY OVERALL $1,233.00 0.56%
XII.A. BACKLOGS OF FOIA REQUESTS AND ADMINISTRATIVE APPEALS

Agency / Component

Number of Backlogged 

Requests as of End of 

Fiscal Year

Number of Backlogged 

Appeals as of End of 

Fiscal Year

OSHRC 0 0

AGENCY OVERALL 0 0
XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND 

PENDING CONSULTATIONS

Agency / Component

Number of Consultations 

Received from Other 

Agencies that were 

Pending at the Agency as 

of Start

of the Fiscal Year

Number of

Consultations Received

from Other Agencies 

During the Fiscal Year

Number of Consultations 

Received from Other 

Agencies that were 

Processed by the Agency 

During the Fiscal Year

Number of Consultations 

Received from Other 

Agencies that were 

Pending at the Agency as 

of End

of the Fiscal Year

OSHRC 0 0 0 0

0

AGENCY OVERALL 0 0 0 0
XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER 

AGENCIES AND PENDING AT THE AGENCY

Agency / 

Component

10th Oldest 

Consultation 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation

Date

Number of Days

AGENCY 

OVERALL

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 0 0 0 0 0 0 0 0 0 0
XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT --

REQUESTS RECEIVED AND PROCESSED

Agency / Component

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED

Number Received During 

Fiscal Year from Last 

Year's Annual Report

Number Received During 

Fiscal Year from Current 

Annual Report

Number Processed During 

Fiscal Year from Last 

Year's Annual Report

Number Processed During 

Fiscal Year from Current 

Annual Report

OSHRC 84 50 85 47

AGENCY OVERALL 84 50 85 47
XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT 

ANNUAL REPORT -- BACKLOGGED REQUESTS

Agency / Component

Number of Backlogged 

Requests as of End of the 

Fiscal Year from Previous 

Annual Report

Number of Backlogged 

Requests as of End of the 

Fiscal Year from Current 

Annual Report

OSHRC 0 0

AGENCY OVERALL 0 0
XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL 

REPORT -- APPEALS RECEIVED AND PROCESSED

Agency / Component

NUMBER OF APPEALS RECEIVED NUMBER OF APPEALS PROCESSED

Number Received During 

Fiscal Year from Last 

Year's Annual Report

Number Received During 

Fiscal Year from Current 

Annual Report

Number Processed During 

Fiscal Year from Last 

Year's Annual Report

Number Processed During 

Fiscal Year from Current 

Annual Report

OSHRC 0 0 0 0

AGENCY OVERALL 0 0 0 0
XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM 

PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS

Agency / Component

Number of Backlogged 

Appeals as of End of the 

Fiscal Year from Previous 

Annual Report

Number of Backlogged 

Appeals as of End of the 

Fiscal Year from Current 

Annual Report

OSHRC 0 0

AGENCY OVERALL 0 0