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**United         States of America        OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION        1120 20th Street, N.W., Ninth Floor        Washington, DC 20036-3419**

**Office         of Financial        and Administrative Services**

**Phone:         (202) 606-5390        Fax: (202) 606-5050**

**June         27, 2001**

 
In response to the Office of Management and Budget's memorandum       of April 3, 2001 with regard to the inventory of commercial activities performed       by Federal employees, the Review Commission provided the following information       by letter to OMB. The inventory is required by the "Federal Activities       Inventory Reform Act of 1998," P.L. 105-270 (the FAIR Act).       **Background**      The Occupational Safety and Health Review Commission (Review Commission)       is an independent, adjudicatory agency created by the Occupational Safety       and Health Act of 1970. Its mission and functions are inherently governmental:       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.      Currently, the Review Commission staff consists of 74 FTEs comprised mainly       of administrative law judges, presidentially appointed commissioners and       attorneys. The administrative law judges hear and adjudicate cases brought       to the Agency. The presidentially-appointed commissioners selectively review       cases decided by the judges. Attorneys support this judicial activity through       their research. The activities performed by these employees are inherently       governmental in nature as they involve sensitive and confidential information       used to make legal policy decisions inherent in the adjudication of disputes.      Additionally, we have managerial, public affairs, information technology,       administrative and financial personnel who perform managerial and support       services for the Review Commission. These employees are involved in policy       decisions and determinations and have access to confidential information       with respect to the decisional process of the Commission.**Commercial Activities Contracted Out**      I would like to note that many of the functions identified by OMB as lending       themselves to commercial activity have already been commercialized. The       services that we contract for involve:- Court reporters          Personnel and payroll functions performed by the National Finance Center                  Website development performed by the Government Printing Office         
- Equipment repair          Equipment maintenance         Training and education         
- Renovations          Preventive health services         Auditing         
- Library services               Special Information Technology system design     Processes and Challenges         In FY 2001, OSHRC reviewed the activities performed by staff and the OMB       guidance to determine if any activities performed by our employees should       be included in the inventory of commercial activities. A similar process       was followed in FY 1999 and FY 2000.         As the need to contract out for services emerges, the Review Commission       follows a competitive process. All procurement actions, including actions       for services, are in accord with the Federal Acquisition Regulations.         The Review Commission has received no questions or challenges regarding       our activities under the FAIR Act.          Any questions concerning commercial activities within the Review Commission       should be directed to the undersigned, who may be reached at 202-606-5390.    Sincerely,    /s/   Ledia Esther Bernal  Director, Office of Financial and Administrative Services       

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