The U.S. Occupational Safety and Health Review Commission 

OSHRC 

FISCAL YEAR 2020 

PERFORMANCE BUDGET AND JUSTIFICATION 

MARCH 18, 2019 
 

 

Table of Contents 

Fiscal Year 2020 

Performance Budget and Justification 

I. INTRODUCTION – MISSION, VISION, AND STRATEGIC GOALS 

Our Mission ..........................................................................................................................1 

Functions and Procedures......................................................................................................1 

Vision Statement ...................................................................................................................1 

Strategic Goals ......................................................................................................................2 

II. BUDGET REQUEST SUMMARY 

Budget Request Summary .....................................................................................................3 

E-Filing System.....................................................................................................................3 

Language Access Plan...........................................................................................................4 

III. APPROPRIATIONS LANGUAGE 

Appropriations Language ......................................................................................................5 

IV. PERFORMANCE BUDGET JUSTIFICATION BY ORGANIZATIONAL UNIT 

Administrative Law Judge Function ......................................................................................7 

Commission Function..........................................................................................................17 

Office of the Executive Director Function ...........................................................................25 

V. BUDGET BY OBJECT CLASSIFICATION CATEGORY 

Object Classification Table..................................................................................................40 

Budget Object Classification Detail.....................................................................................41 

VI. OTHER TABLES 

Appropriation History .........................................................................................................45 

Authorized Full Time Positions By Function.......................................................................46 
 

 

 

I. INTRODUCTION – 

MISSION, VISION, AND 

STRATEGIC GOALS 
 

 

 

 

 

 

 

 

 

The U.S. Occupational Safety and Health Review Commission 

Our Mission 

The U.S. Occupational Safety and Health Review Commission (OSHRC or Review 

Commission) is an independent adjudicatory agency created by the Occupational Safety and 

Health Act of 1970 (the Act). The sole statutory mandate is to serve as an administrative court 

providing fair 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 independent of the Department of Labor to ensure that OSHA’s 

enforcement actions are carried out in accordance with the law and that parties are accorded due 

process. 

Functions and Procedures 

The Act and the Review Commission’s Rules of Procedure provide two levels of adjudication 

when an employer timely contests an OSHA citation. The first level affords an employer and/or 

affected employee who files a timely notice of contest with the opportunity for a hearing before a 

Review Commission Administrative Law Judge (ALJ). The ALJ’s decision becomes a final 

order under the Act unless a member of the three-member Commission exercises their discretion 

to direct the case for review. The second level involves the Commission’s review of an ALJ 

decision. The Commission’s three members, appointed by the President and subject to Senate 

confirmation, serve six-year terms. The principal (National) office of the Review Commission is 

located in Washington, DC. There are also regional offices in Atlanta and Denver, where 

additional Review Commission ALJs and staff are assigned. Before both its ALJs and the 

Commission members, the agency seeks to provide fair, impartial, and timely adjudication of 

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

Vision Statement 

The Review Commission strives to be: 

• An adjudicative body that is, and is recognized for being objective, fair, prompt, 

professional, and respected. 

• An agency that creates a body of law through its decisions that define and clarify the 

rights and responsibilities of employers and employees under the Act. 

• A model federal agency with highly effective processes, a highly motivated, qualified and 

diverse workforce, and modern information management, communications, and 

administrative systems. 

• An agency that values teamwork, develops its employees, and strives to improve its 

performance, service, and value to the American people. 

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Strategic Goals 

The Review Commission has set measurable, outcome-oriented objectives that advance the 

agency’s ability to meet its strategic goals. The agency has included its strategic goals, objectives 

and their associated measures in its Strategic Plan (FY 2018 – FY 2022) and as part of its 

performance budget. OSHRC has four overarching strategic goals: 

1. Promptly and fairly resolving the cases before it, including reducing the average age of 

Review-level cases; 

2. To the extent consistent with the agency’s statutory authority and responsibilities, seeking 

to enhance the transparency of its operations; 

3. Promoting organizational excellence, including a culture of professionalism, mutual 

respect, organizational pride, and ensuring that staff members are adequately trained and 

developed; and 

4. Managing agency resources in a manner that instills public trust, including using 

information and technology to monitor, evaluate, and improve programs and processes in 

order to better accomplish the agency’s mission. 

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II. BUDGET REQUEST 

SUMMARY 
 

 

 

 

 

 

 

 

 

 

 

 

 

Budget Request Summary 

The U.S Occupational Safety and Health Review Commission (Review Commission or OSHRC) 

requests an appropriation of $13,225,000 to continue our mission of adjudicating OSHA-issued 

workplace safety citations, fund essential agency programs, support 61 full-time equivalent (FTE) 

positions, and maintain our electronic filing (e-filing) system in fiscal year (FY) 2020. The 

funding request would also allow us to fulfill our legislative mandate to serve as an administrative 

court providing fair and prompt resolution of disputes involving OSHA, employers charged with 

violations of federal safety and health standards, and employees and/or their representatives. This 

request supports the goal in the Review Commission’s Strategic Plan to improve service to the 

public. 

Our FY 2020 estimated costs include: 

• $9,699,000 to support direct payroll and related costs for 61 FTE positions. These costs 

are approximately 73 percent of the Review Commission’s budget request. 

• $1,625,000 for office space rent. 

• $377,000 for services provided by other federal agencies, such as support for financial 

and administrative services provided by the Bureau of the Fiscal Service (BFS) and 

personnel and payroll services provided by the National Finance Center (NFC). 

• $115,000 to support and maintain OSHRC’s e-filing system. 

• $1,409,000, the remaining amount, to be used for travel expenses for ALJs to hold 

hearings, court reporting services, management of the language access plan, the annual 

financial audit, the Federal Information Security Management Act (FISMA) audit, 

employee training and development, the maintenance and purchase of equipment, to 

enable the Review Commission to complete its annual performance plan goals and 

targets, and to implement government-wide and Review Commission specific 

transparency initiatives. 

E-Filing System 

In 2013 the Review Commission began securing information technology (IT) infrastructure 

upgrades through the established Networx contract to support our cloud-based initiatives and to 

implement an electronic filing (e-filing) system, which permits the electronic filing and service 

of litigation documents. The e-filing system was successfully deployed in 2016. The e-filing 

system directly supports our annual performance plan’s goals and targets, promotes 

transparency, supports technology improvements, and integrates business process automation to 

improve accuracy and efficiency in case management practices. This budget request includes 

$55,000 for licensing and $60,000 for customized reporting and continued enhancements to the 

e-filing system. 

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Language Access Plan 

On February 17, 2011, the U.S. Attorney General issued a Memorandum for Heads of Federal 

Agencies, among others, regarding the Federal Government’s Renewed Commitment to 

Language Access Obligations Under Executive Order (EO) 13166 (AG Memo). The AG Memo 

requested that each agency join the Department of Justice (DOJ) in recommitting to the 

implementation of EO 13166 by: (1) establishing a Language Access Working Group (LAWG) 

to be responsible for implementing the Executive Order; (2) evaluating and/or updating its 

Limited English Proficiency (LEP) Plan; (3) establishing a schedule to periodically evaluate and 

update its LEP services, policies, plans, and protocols; (4) ensuring agency staff can competently 

identify LEP contact situations and take the necessary steps to provide meaningful access; (5) 

notifying the public of its LEP policies, plans, and procedures; (6) assessing non-English 

language proficiency when considering hiring criteria; and (7) collaborating with other agencies 

for written translations intended for mass distribution. 

The Review Commission has made significant progress in the development and implementation 

of a Language Access Plan (LAP) to fulfill its obligation under EO 13166. In 2011, OSHRC 

revised its LAP to more efficiently implement key actions required by EO 13166 and Title VI of 

the Civil Rights Act of 1964. In May 2014, responsibility for the LAP was transferred to the 

Office of the Chief Administrative Law Judge (OCALJ). A draft updated plan was developed 

and circulated to all judges and key Review Commission staff members for review and feedback. 

The Review Commission implemented the revised and updated plan in August 2014. Based on 

feedback received from DOJ, the LAP was revised again in November 2015. The current LAP 

has been implemented by OSHRC and a copy was forwarded to DOJ for review. 

The Review Commission’s goal is to ameliorate LEP as a barrier to accessing its programs and 

activities; consequently, the agency is committed to taking reasonable steps through which LEP 

persons can meaningfully access its services consistent with its fundamental mission and existing 

law. To accomplish this important goal, the FY 2020 budget request includes $10,000 to cover 

services for translation of documents and interpreters for individuals with LEP. 

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III. APPROPRIATIONS 

LANGUAGE 
FY 2020 

Appropriations Language 

U.S. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

SALARIES AND EXPENSES 

For expenses necessary for the U.S. Occupational Safety and Health Review Commission, 

$13,225,000. 

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IV. PERFORMANCE 

BUDGET JUSTIFICATION 

BY ORGANIZATIONAL 

UNIT 
 

 

 

 

 

 

 

 

 

 

 

 

Performance Budget Justification 

The Review Commission has three main units which function in concert to achieve the agency’s 

overarching mission: 

1. The Administrative Law Judge (ALJ) function; 

2. The Commission function; and 

3. The Office of the Executive Director function. 

Each unit has staff and resources assigned exclusively to it, but all three units work 

collaboratively to meet or exceed the Review Commission’s strategic goals. This separation of 

staff between the ALJs and Commissioners stems principally from the nature of their functions, 

so that each review level is, in fact and in appearance, independent of the other. The Office of the 

Executive Director (OEXD) function supports the ALJ and Commission functions, as well as the 

agency’s strategic planning efforts. 

Funding and staffing by function is as follows: 

FUNDING (IN MILLIONS) AND FTE BY FUNCTION 

FY 2018 Actual FY 2019 Enacted FY 2020 Request 

$ FTE $ FTE $ FTE 

Administrative Law 5.6 22 5.5 25 5.5 25 Judge 

Commission 5.8 23 5.9 28 5.9 28 

Executive Director 1.8 7 1.8 8 1.8 8 

Total 13.2 52 13.2 61 13.2 61 

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Administrative Law Judge Function 

The front line of our agency’s delivery of services to the American public rests with the 

Administrative Law Judges (ALJs or Judges). Our Judges travel around the country to conduct 

formal hearings and related proceedings in a fair, just, and expeditious manner. This function is 

directly related to achieving the public service goal of fair, just, and expeditious adjudication of 

disputes brought before the Review Commission and its ALJs. 

The ALJs report through the Chief Judge to the Chairman of the agency. However, they act 

independently when arriving at case decisions. The Review Commission’s procedural rules are 

similar to the Federal Rules of Civil Procedure and are designed and administered to secure the 

just and timely determination of every contested case. In the absence of a specific Review 

Commission rule, the Federal Rules apply. 

Proceedings Before the Review Commission’s Administrative Law Judges 

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

follow an established procedure, and they are designed to provide all parties with a fair hearing 

and swift adjudication of their case. To contest all or part of a citation, penalty or abatement 

period, an employer must file a notice of contest with the Secretary of Labor within 15 working 

days of receipt of the citation issued by OSHA. The Secretary of Labor transmits the notice of 

contest and all relevant documents to the Review Commission’s Executive Secretary for filing 

and docketing. After the case is docketed, it is forwarded to the Office of the Chief 

Administrative Law Judge (OCALJ) for assignment to an ALJ. The case is generally assigned to 

an ALJ in the Review Commission office closest to where the alleged violation occurred. 

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

charged with providing a fair and impartial hearing in an expeditious manner and rendering a 

decision promptly. 

Administrative Law Judge Operations 

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

and strengthen its settlement procedures and case management responsibilities by constantly 

monitoring its Simplified Proceedings and Mandatory Settlement programs. The ALJ function 

handles a caseload that continues to grow in complexity as reflected by the increased number and 

complexity of OSHA citations over the last several years. 

OSHA completed 32,020 inspections in FY 2018 and estimates it will complete 32,800 in FY 

2019 and 33,133 inspections in FY 2020. Of particular importance over the last several years 

from the Review Commission’s resources perspective, the number of citations being contested 

has remained high, resulting in the high number of contested cases being docketed. 

In FY 2008, the Review Commission docketed 1,962 contested cases. Since FY 2008, there has 

been a notable increase in the number of contested cases. Moreover, OSHA implemented a new 

administrative policy in FY 2011. As a result of this policy, the average penalty for a serious 

violation increased, and the contest rate increased. In FY 2015, the Review Commission 

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docketed 2,164 contested cases; 2,183 in FY 2016; 2,168 in FY 2017; 2,144 in FY 2018; and it 

estimates there will be 2,300 in FY 2019 and 2,400 in FY 2020. Although the case intake has 

stabilized in recent years, we expect that this trend will continue. 

In addition to the high number of contested cases that resulted from OSHA’s administrative 

penalty policy, 1 OSHA’s emphasis in recent years has been on serious workplace hazards. The 

consequent increase in proposed penalties has translated into more complicated cases and more 

costly trials (e.g., cases involving heat stress, lock-out/tag-out, workplace violence, confined 

spaces, health care hazards, asbestos, process safety, construction industry hazards, etc.). Over 

the past few years, the Review Commission has noted an increase in the complexity of cases 

handled by ALJs. We attribute this trend to two factors. First, OSHA has increasingly focused its 

attention on encouraging more resource and time-intensive inspections. Second, the Department 

of Labor’s Office of the Solicitor has decided to leverage litigation resources and focus less on 

high volume in favor of high-impact strategic cases. The increase in the complexity of cases 

challenges the Review Commission because judges must invest a greater amount of time in 

handling those matters. 

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

following: 

• Intricacies of the law (complex questions of law); 

• Volume of documents, including transcripts; 

• Large number of witnesses (including expert witnesses in fields such as engineering, 

architecture, construction, soil, physics, epidemiology, pathology, neurology, and 

infectious diseases); 

• Number of alleged violations, items, and affirmative defenses (including distinct and 

separate items); or 

• Technical, novel, difficult or new issues raised, such as cases involving workplace 

violence, heat stress, asbestos, ergonomics, process safety management, and/or 

confined spaces. 

The Review Commission continues to improve the efficiency of case processing by moving a 

selected number of cases into Mandatory Settlement Part and Simplified Proceedings programs, 

both of which are innovative methodologies to speed the settlement or adjudication of pending 

cases. During FY 2011, the Review Commission began an evaluation of its current Mandatory 

Settlement Part program to ascertain whether even greater improvement in this settlement 

process can be achieved. This evaluation, “Dispute Resolution in the Administrative Process: 

Evaluation of the Occupational Safety and Health Review Commission Settlement Part 

Program,” was completed in FY 2013 by alternative dispute resolution (ADR) experts at the 

Indiana University School of Public & Environmental Affairs. The evaluation declared the 

1 OSHA implemented an administrative penalty policy as of the beginning of FY 2011. Furthermore, the Federal 

Civil Penalties Inflation Adjustment Act Improvements Act of 2015 required OSHA to increase its minimum and 

maximum penalty amounts, leaving it no discretion in that area. 

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agency’s program to be “successful,” and it noted that OSHRC “has done an admirable job 

addressing an increased caseload within constrained resources while at the same time meeting 

the expectations of its external stakeholders.” With the higher caseload levels of recent years, 

Mandatory Settlement Part has been an important tool in avoiding a backlog of cases at the ALJ 

level. The Review Commission has reviewed the specific suggestions for improvement contained 

in the evaluation. In particular, the evaluation recommended that the Review Commission 

provide “training and regular continuing legal education in mediation and dispute resolution to 

every ALJ who is expected to serve as a settlement judge.” The Review Commission agreed with 

this recommendation and as a result developed an ALJ training performance goal in our FY 2014 

– 2018 and FY 2018 – 2022 Strategic Plans. 

Under Commission Rule 120, 29 Code of Federal Regulations (CFR) § 2200.120, and where the 

parties’ consent, the Chief Judge may assign a Settlement Judge to a pending proceeding to aid 

the parties in disposing of the case. Where the aggregate amount of the penalty sought by the 

Secretary of Labor is $100,000 or greater, the Mandatory Settlement procedure goes into effect. 

The Settlement Judge appointed by the Chief ALJ has full control of the proceeding and may 

require that the parties’ representatives be accompanied at the settlement conference by officials 

having full settlement authority. This procedure has aided the Commission in disposing of some 

extremely complex cases, with the approval of all parties (if settlement efforts are not successful, 

the case may be assigned to a different Judge for trial). 

The Simplified Proceedings process includes cases where the total proposed penalty is not more 

than $20,000 or up to $30,000 when found eligible by the Chief Judge. The Simplified 

Proceedings process allows parties with relatively simple cases to have their “day in court” 

unencumbered by formal procedural and evidentiary rules, while ensuring that due process 

requirements will be maintained. Under this process, a business, with or without counsel, can 

present its case before an ALJ and receive a prompt decision. Most paperwork, including legal 

filings, has been eliminated so that justice can be rendered swiftly and inexpensively. The 

process reduces the time and legal expenses to employers contesting relatively small penalty 

cases. 

In FY 2018, approximately 30 percent of new cases were assigned to Simplified Proceedings. 

The Review Commission also projects that approximately 33 percent of new cases will be 

assigned to the Simplified Proceedings process in FYs 2019 and 2020. 

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Simplified Proceedings Case Activity 

FY 2015 through FY 2020 

FY 

2015 

Actual 

FY 

2016 

Actual 

FY 

2017 

Actual 

FY 

2018 

Actual 

FY 

2019 

Estimate 

FY 

2020 

Estimate 

New Cases 2,164 2,183 2,168 2,144 2,300 2,400 

Cases 

Assigned to 

Simplified 

Proceedings 

586 738 630 649 759 790 

Anticipated Administrative Law Judge Workload for FY 2020 

Four major factors impact the ALJs’ workload: (1) the quantity, magnitude, and nature of the 

cases; (2) the utilization of the Simplified Proceedings process; (3) the time, effort, and 

complexity of cases assigned to the Mandatory Settlement process; and (4) the number of trials 

held and their length and complexity. 

The number of OSHA inspections and their focus also affects the Review Commission’s 

caseload. In particular, inspections of high hazard workplaces – especially those with high injury 

and illness rates, fatalities, repeat offenders, and egregious violations – generally result in larger 

contestable proposed penalties. These inspections tend to result in more complex and contentious 

cases, which consume extensive time. 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. 

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Administrative Law Judge Workloads 

The following table provides actual Administrative Law Judge workloads for FY 2015 – 2018 and 

estimated workloads for FYs 2019 and 2020. 

OSHA 

Inspections2: 

FY 2015 

Actual 

35,817 

FY 2016 

Actual 

31,948 

FY 2017 

Actual 

32,369 

FY 2018 

Actual 

32,020 

FY 2019 

Estimate 

32,800 

FY 2020 

Estimate 

33,133 

Administrative Law Judge Workload: 

A. Case Inventory, 

Start of Year 888 1,099 1,109 1,129 1,064 1,064 

B. New Cases 2,164 2,183 2,168 2,144 2,300 2,400 

C. Total Caseload 3,052 3,282 3,277 3,273 3,364 3,464 

D. Disposals 

(1) With 

Hearing 

(2) Mandatory 

Settlement 

Conferences 

(3) Without 

Hearing 

E. Total 

Dispositions 

61 

56 

1,836 

1,953 

42 

86 

2,045 

2,173 

44 

85 

2,019 

2,148 

38 

45 

2,126 

2,209 

40 

60 

2,200 

2,300 

45 

65 

2,250 

2,360 

Total Case 

Inventory, 

End of Year 1,099 1,109 1,129 1,064 1,064 1,104 

2 Provided by OSHA. 

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Staffing 

The Office of the Chief Administrative Law Judge requires 25 FTE positions in FY 2020 to 

support the workload based on OSHA’s planned inspections and contest rates in the coming 

years and to meet performance targets, given the number and complexity of the cases anticipated. 

The Chief Administrative Law Judge manages the effort to meet the agency’s goals at the 

Administrative Law Judge level. 

The Chief Administrative Law Judge: 

• Reviews and screens all docketed cases, determines their level of complexity, 

and assigns each case to an Administrative Law Judge; 

• Exercises strong management and monitors the progress of cases in order to 

ensure that performance goals are met; 

• Supervises judicial and administrative staff and ensures that they receive 

appropriate training to perform their responsibilities; and 

• Examines judicial case management practices of other entities to ensure that 

OSHRC’s procedures are as efficient as possible. 

FUNDING (IN MILLIONS) AND FTE 

FY 2018 Actual FY 2019 Enacted FY 2020 Request 

$ FTE $ FTE $ FTE 

Administrative 

Law Judge 

Function 5.6 22 5.5 25 5.5 25 

Strategic Plan and Outcome Goals 

In accordance with Public Law 111-352, the Government Performance and Results 

Modernization Act of 2010 (GPRA Modernization Act of 2010), and Public Law 103-62, the 

Government Performance and Results Act (GPRA) of 1993, the Review Commission revised its 

strategic plan for the period FY 2018 through FY 2022. The revised plan focuses on four goals: 

(1) promptly and fairly resolving the cases before it, including reducing the average age of 

Review-level cases; (2) enhancing transparency of its operations; (3) promoting organizational 

excellence; and (4) managing agency resources in a manner that instills public trust. It also 

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identifies innovative and comprehensive strategies to achieve strategic goals and objectives. The 

Review Commission’s Strategic Plan for FY 2018 – 2022 includes the following goals and 

outcomes related to this function: 

Public Service Goal Outcome Goals 

Promptly and fairly 

resolving cases, 

including reducing the 

average age of cases 

pending at the agency. 

• Develop and implement case management practices that will 

minimize the average age of all pending ALJ-level cases. 

• Ensure that a significant proportion of both complex and noncomplex cases at the ALJ level are resolved within one year to 20 

months from docketing.3 

• Provide training opportunities to (1) ALJs and (2) all attorneys and 

support staff, in order to enhance their capabilities on technical and 

legal issues, legal writing, ethics, and technology and case 

management. 

OCALJ will advance this strategic goal through the following strategies: 

1. Expedite the assignment of cases to ALJs. 

2. Use objective criteria to designate complex cases and track the processing of these cases. 

3. Closely monitor case performance and improve case management information systems 

and reports. 

4. Conduct early review and screen potentially complex cases to expedite the disposition of 

such cases. 

5. Implement appropriate changes in the agency’s Rules of Procedure to improve case 

processing (e.g., Mandatory Settlement Part and Simplified Proceedings) and seek new 

ADR methods, including a review of recommendations resulting from the evaluation of 

the Mandatory Settlement Part. 

6. Provide training to all judges on a variety of subjects, including technical and legal 

issues, legal writing, case management, and ADR to help them develop services and 

processes equal to the very best in judicial arenas. 

3 Complex cases have one or more of the following characteristics: intricacies of the law; number of parties; volume 

of documents, including transcripts; large number of witnesses (including expert witnesses in such fields as 

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

length of the trial; large proposed penalties; number of alleged violations, items (including distinct and separate 

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

involving toxins (such as asbestos and lead); or extensive pre-trial discovery, including large numbers of 

interrogatories, conferences, and motions. 

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7. 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. 

The following are the performance goals for the OCALJ for fiscal years 2016 through 2020: 

Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Develop and Whether new New goal New goal Less than 75% 100% of all 100% of all 

implement case developed to developed to of all pleadings pleadings 

case management support the FY support the pleadings received in received in 

management practices have 2018 – FY FY 2018 – FY received in our electronic our electronic 

practices that been developed 2022 Strategic 2022 Strategic our electronic filing system filing system 

will and Plan. Plan. filing system would have would have 

minimize the implemented. were initiated been initiated been initiated 

average age electronically. electronically. electronically. 

of all 

pending ALJlevel cases. Target not 

met 

(75% of all 

pleadings 

received in 

our electronic 

filing system 

would have 

been initiated 

electronically) 

Ensure that a -Percent of -Dispose of -Dispose of -Dispose of -Dispose of -Dispose of 

significant simplified cases 95% of 95% of 95% of 95% of 95% of 

proportion of disposed of simplified simplified simplified simplified simplified 

both complex within one year cases within cases within cases within cases within cases within 

and non- at ALJ level. one year. one year. one year. one year. one year. 

complex 

cases at the 

ALJ level are 

resolved 

93% 

Target not 

met 

95% 

Target met 

97% 

Target met 

within one 

year to 20 

months from 

docketing.

4 

-Percent of 

conventional 

cases disposed 

of within 17 

-Dispose of 

90% of 

conventional 

cases within 

-Dispose of 

90% of 

conventional 

cases within 

-Dispose of 

90% of 

conventional 

cases within 

-Dispose of 

90% of 

conventional 

cases within 

-Dispose of 

90% of 

conventional 

cases within 

months. 17 months. 17 months. 17 months. 17 months. 17 months. 

4 Except for mandatory settlement cases, which are assigned by the Chief Judge upon receipt from the Office of the 

Executive Secretary, judges are not assigned cases until initial pleadings have been filed. This assignment generally 

occurs approximately 60 days after the case has been docketed due to the parties’ frequent requests for extensions of 

time for filing initial pleadings. 

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Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

-Percent of 

settlement part 

cases disposed 

of within 19 

months. 

-Percent of 

complex cases 

disposed of 

within 20 

months at ALJ 

level. 

92% 

Target met 

-Dispose of 

98% of 

settlement part 

cases within 

19 months. 

93% 

Target not 

met 

-Dispose of 

95% of 

complex cases 

within 20 

months (FY 

2015 was the 

baseline year 

for this 

measure). 

94% 

Target not 

met 

88% 

Target not 

met 

-Dispose of 

98% of 

settlement 

part cases 

within 19 

months. 

93% 

Target not 

met 

-Dispose of 

95% of 

complex cases 

within 20 

months. 

86% 

Target not 

met 

95% 

Target met 

-Dispose of 

95% of 

settlement 

part cases 

within 19 

months. 

96% 

Target met 

-Dispose of 

95% of 

complex cases 

within 20 

months. 

86% 

Target not 

met 

-Dispose of 

95% of 

settlement 

part cases 

within 19 

months. 

-Dispose of 

95% of 

complex cases 

within 20 

months. 

-Dispose of 

95% of 

settlement 

part cases 

within 19 

months. 

-Dispose of 

95% of 

complex cases 

within 20 

months. 

Improve Time and Pro rata share Pro rata share New goal New goal New goal 

training resources of the agency’s of the developed to developed to developed to 

opportunities dedicated to training agency’s support the FY support the FY support the FY 

for ALJs. judicial training 

with special 

emphasis on 

mediation and 

dispute 

resolution. 

resources was 

devoted. 

Target met 

(Pro rata share 

of the agency’s 

training 

resources) 

training 

resources was 

devoted. 

Target met 

(Continue to 

designate a 

pro rata share 

of the 

agency’s 

training 

resources) 

2018 – FY 

2022 Strategic 

Plan. 

2018 – FY 

2022 Strategic 

Plan. 

2018 – FY 

2022 Strategic 

Plan. 

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Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Provide Increased New goal New goal Training Attendance 

training attendance and developed to developed to opportunities and 

opportunities participation in support the FY support the FY were offered participation 

to (1) ALJs training 2018 – FY 2018 – FY to all ALJs, in at least one 

and (2) all opportunities, 2022 Strategic 2022 Strategic attorneys and training 

attorneys and internal and/or Plan. Plan. support staff. opportunity 

support staff, external, for devoted to 

in order to ALJs and all Target met management 

enhance their attorneys and (Attendance of electronic 

capabilities on support staff. and documents 

technical and participation prior to and 

legal issues, by ALJs and during 

legal writing, attorneys and hearings (i.e., 

ethics, and support staff, e-filing, 

technology at no less than electronic 

and case one training discovery, or 

management. opportunity 

annually, 

internally 

and/or 

externally) 

electronic 

exhibits). 

Publish Key decisions 13 key 15 key New goal New goal New goal 

significant and orders decisions and decisions and developed to developed to developed to 

procedural published within orders orders support the FY support the FY support the FY 

decisions and 4 months of the published. published. 2018 – FY 2018 – FY 2018 – FY 

non- order. 2022 Strategic 2022 Strategic 2022 Strategic 

dispositive Target not Target not Plan. Plan. Plan. 

orders met met 

separately (20 key (20 key 

from other decisions and decisions and 

decisions. orders 

published) 

orders 

published) 

The complexity of the cases increased the time required to resolve cases at the ALJ level. Factors 

leading to the increased complexity of cases include OSHA’s focus on encouraging more 

resource and time-intensive inspections, as well as the Office of the Solicitor’s decision to 

leverage litigation resources and focus away from high-volume and in favor of high-impact 

strategic cases. The increase in complexity of cases is a challenge for the Review Commission 

because processing such cases requires the judges to invest a greater amount of time in handling 

the matters and places an increased demand on the FTE assigned to handle the volume of cases. 

16 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commission Function 

OSHRC’s Commissioners are appointed by the President and confirmed by the Senate, and they 

serve as an appellate level of review. The Commissioners review and decide cases contested 

under the Act, following an initial decision by an ALJ. This appellate level of review must be 

prompt, fair, and protective of the parties’ rights. 

Proceedings Before the Commission 

The Commissioners adjudicate contested cases independently from the enforcement and rulemaking functions vested in OSHA. Disputed enforcement proceedings are tried initially before 

the Review Commission’s Judges. The Commission members may then review an ALJ’s 

decision. 

Each Commission member has the discretionary authority to direct for review by the full 

Commission any case decided by any Judge. Absent such a direction for review, the decisions of 

the ALJs become a final order of the Review Commission by operation of law. Once a case is 

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

including the Judge’s findings of fact, conclusions of law, penalty assessments, and abatement 

orders. 

Each Commissioner has a counsel who is responsible for providing assistance and advice on all 

pending matters, including whether cases are appropriate for Commission review, and the proper 

disposition of motions and cases. The counsel also aids the Commissioner in researching, 

drafting, and editing opinions after the Commission decides a case. 

The Office of the General Counsel (OGC) provides legal advice and assists the Review 

Commission in complying with the various laws, regulations, and executive orders governing its 

operations. OGC has primary responsibility for preparing and presenting factual and legal 

analyses to assist Commission members in adjudicating appeals and in their issuance of 

opinions; it also provides legal advice on ethics, the Freedom of Information Act (FOIA), Equal 

Employment Opportunity (EEO), procurement, appropriations, the Privacy Act, and other areas. 

The Commission function also includes the work of the Office of the Executive Secretary 

(OEXS), which is responsible for the docketing of cases at both the ALJ and Commission levels. 

The Executive Secretary serves as the Records Management Officer for the agency in 

coordination with the National Archives and Records Administration (NARA). 

Commission Operations 

The Commissioners strive to minimize the time for deciding cases. Aided by improved case 

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

case is prepared for decision. Three external factors that have a major impact on the operations 

of the Commission are: (1) the presence of a quorum; (2) the size and complexity of cases; (3) 

and the novelty of the issues presented for review. 

17 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Act requires a quorum of two Commissioners to take official action, so decisions require the 

affirmative vote of two Commissioners. During periods when the Commission lacks a quorum, 

no cases can be decided. If there are 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 and action on important issues and issuance of some pending cases may be 

delayed. 

The Commission operated with a full complement of Commissioners in FY 2018. The 

Commission estimates that it will resolve 17 cases and expects to meet its four GPRA goal 

targets at the Commission level during FY 2019. 

Historically, 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 all have an impact on the number of cases before the Review 

Commission. In addition, 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 longer, more costly trials. Consequently, the complexity and size of the cases at the 

ALJ and Commission levels have increased significantly in recent years. 

Anticipated Commission Workload for FY 2020 

The Commission focuses on solid case production, including deciding and issuing decisions in 

older cases in an effort to reduce case inventory. However, the cases that go to hearings before 

the Review Commission’s ALJs are increasingly complex (e.g., imposition of higher penalties, 

and/or more complex technical issues), which may result in a higher percentage of cases being 

petitioned for review. 

In FY 2018, the Commission had 29 cases pending on its docket at the beginning of the year. It 

received 16 new cases and resolved 23 cases by year-end. Thus, the Commission entered FY 

2019 with 22 cases pending review. During FY 2019, the Commission estimates receiving 15 

new cases and resolving 17 cases, ending FY 2019 with 20 cases pending review. For FY 2020, 

the Commission anticipates receiving 15 new cases, and disposing of 17 cases, ending that year 

with an inventory of 18 cases. 

18 
 

 

 

 

 

 

 

 

 

Commission Case Activity 

New Cases: 

Cases Directed 

for Review: 

Other New 

Cases: 

Interlocutory 

Appeals: 

Remands: 

Other: 

Total Other 

New Cases: 

Total New 

Cases: 

Case Inventory 

from Prior 

Year: 

Total Caseload: 

Dispositions: 

Case Inventory, 

End of Year: 

FY 2015 

Actual 

FY 2016 

Actual 

FY 2017 

Actual 

FY 2018 

Actual 

FY 2019 

Estimate 

FY 2020 

Estimate 

13 14 12 14 13 13 

0 

1 

0 

0 

0 

1 

0 

1 

0 

0 

1 

1 

0 

2 

0 

2 

0 

2 

0 

2 

0 

2 

0 

2 

14 15 13 16 15 15 

35 

49 

16 

33 

33 

48 

19 

29 

29 

42 

13 

295 

29 

45 

23 

22 

22 

37 

17 

20 

20 

35 

17 

18 

Staffing 

The Commission function requires 28 FTE positions in FY 2020. This includes 9 FTE positions 

for the three Commissioners and their immediate staff, 14 FTE positions for the Office of 

General Counsel, and 5 FTE positions for the Office of the Executive Secretary. 

5 Revised to reflect actual case inventory for the end of FY 2017. 

19 
 

 

 

 

 

 

 

 

 

 

 

 

FUNDING (IN MILLIONS) AND FTE 

FY 2018 Actual FY 2019 Enacted FY 2020 Request 

$ FTE $ FTE $ FTE 

Commission 

Function 5.8 23 5.9 28 5.9 28 

Strategic Plan and Outcome Goals 

In accordance with Public Law 111-352, the Government Performance and Results 

Modernization Act of 2010 (GPRA Modernization Act of 2010), and Public Law 103-62, the 

Government Performance and Results Act (GPRA) of 1993, the Review Commission revised its 

strategic plan for the period FY 2018 through FY 2022. The revised plan focuses on four goals 

of: (1) promptly and fairly resolving the cases before it, including reducing the average age of 

Review-level cases; (2) enhancing transparency of its operations; (3) promoting organizational 

excellence; and (4) managing agency resources in a manner that instills public trust. It also 

identifies innovative and comprehensive strategies to achieve the strategic goals and objectives. 

The Review Commission’s Strategic Plan for FY 2018–2022 includes the following goals and 

outcomes related to this function: 

Public Service Goal Outcome Goals6 

Promptly and fairly 

resolving cases, including 

reducing the average age of 

cases pending at the 

agency. 

7 • Resolve all priority cases at the Agency in a timely manner. 

• Develop and implement case management practices that will 

minimize the average age of all pending Review-level cases. 

• Reduce the average age of all pending Review-level cases to 

20 months from direction for review.

8 

• Reduce the number of Review-level cases over two years in 

age. 

6 These goals will not apply to cases that are stayed at the Review Commission because criminal law investigations 

or prosecutions are being pursued.

7 Priority cases include Federal Rule of Civil Procedure (FRCP) 60(b) cases, Commission Rule (CR) 101(a) 

defaults, court remands, and interlocutory reviews. However, some FRCP 60(b) and CR 101(a) cases – those with 

significant threshold issues, for instance – are not treated as priority cases because of the complexity of those issues. 

Also, where the parties have indicated intent to settle a priority case, the timeframe will be tolled. 8 External factors, such as lack of a quorum or recusal of a Commissioner, may adversely affect the Review 

Commission’s ability to meet these goals. 

20 
 

 

 

 

 

 

 

 

 

The Commission will advance its strategic goal through the following strategies: 

1. Focus on reducing the average age of the oldest pending cases and of all pending 

cases, with immediate aim of developing and implementing improvements in case 

management. 

2. Expedite the disposition of priority cases that are designated as requiring rapid action 

(e.g., court remands, interlocutory reviews, and certain Rule 60(b) cases), such that 

they are disposed of within six months of designation. 

3. Expand knowledge management and research tools to accelerate the preparation of 

cases and issuance of decisions. 

4. Identify and provide training opportunities to all agency attorneys and support staff 

that will enhance their capabilities, such as training on technical and legal issues, 

legal writing, ethics, and technology and case management. 

5. Use individual performance standards that support priorities in the Review 

Commission’s strategic and annual performance plans. 

6. Implement appropriate changes to the agency’s procedures to expedite case 

processing. 

The following are the performance goals for the Commission for FY 2016 - 2020: 

Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Resolve all 

priority cases 

in a timely 

manner. 

Percent of 

priority cases 

disposed of 

within 6 

months. 

100% 

Target met 

(100%) 

100% 

Target met 

(100%) 

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan. 

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan. 

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan. 

Resolve all 

priority cases 

at the 

Agency in a 

timely 

manner. 

Percent of 

priority cases 

disposed of 

within 6 

months. 

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan. 

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan. 

100% 

Target met 

(100%) 

100% 100% 

Develop and Average age of Implemented Implemented New goal New goal New goal 

implement all pending case case developed to developed to developed to 

case Commission- management management support the support the support the 

21 
 

Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

management level cases. practices. practices. FY 2018 – FY FY 2018 – FY FY 2018 – FY 

practices that The estimated The estimated 2022 Strategic 2022 Strategic 2022 Strategic 

will average age average age Plan. Plan. Plan. 

minimize the of all pending of all pending 

average age Commission- Commissionof all level cases is level cases is 

pending 24 months. 28 months. 

Commissionlevel cases. Target not 

met 

(23 months or 

less) 

Target not 

met 

(Continue to 

implement 

case 

management 

practices. 

22 months or 

less) 

Develop and Whether case New goal New goal Case Develop new Implement 

implement management developed to developed to management case new case 

case practices have support the support the practices were management management 

management been developed FY 2018 – FY FY 2018 – FY developed and practices. practices. 

practices that and 2022 Strategic 2022 Strategic assessed. 

will minimize implemented. Plan. Plan. 

the average Target met 

age of all (Assess 

pending whether new 

Review-level case 

cases. management 

practices 

should be 

developed and 

implemented) 

22 
 

 

 

 

 

 

Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Reduce the Average age of New goal New goal Average age Average age Average age 

average age all pending developed to developed to of all Review- of all Review- of all Reviewof all pending Review-level support the support the level cases level cases level cases 

Review-level cases. FY 2018 – FY FY 2018 – FY was reduced reduced to 24 reduced to 22 

cases to 20 2022 Strategic 2022 Strategic to 24 months. months. months. 

months from Plan. Plan. 

direction for Target met 

review. (Average age 

of all Reviewlevel cases 

reduced to 26 

months9

) 

Reduce the Percent New goal New goal Share of Reduce the Reduce the 

number of reduction in the developed to developed to Review-level share of share of 

Review-level number of support the support the cases over two Review-level Review-level 

cases over Review-level FY 2018 – FY FY 2018 – FY years in age cases over two cases over two 

two years in cases over two 2022 Strategic 2022 Strategic was 51% of years in age as years in age as 

age. years in age. Plan. Plan. all cases. 

Target not 

met 

(Reduce the 

share of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

40% of all 

cases10) 

follows: No 

greater than 

33% of all 

cases. 

follows: No 

greater than 

25% of all 

cases. 

9 For instance, for FY 2018, the target goal now calculates the average age of a Review-level case based on: (1) 

cases that are docketed at the review level and decided during the time frame of October 1, 2017 through September 

30, 2018; and (2) the age of all cases pending on September 30, 2018.

10 For instance, for FY 2018, the target goal now takes into account case production from October 1, 2017 through 

September 30, 2018, with the final percentage measured as of the end of the FY. 

23 
 

Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Further Using Case Average age New goal New goal New goal 

reduce the experience management of the oldest developed to developed to developed to 

average age gained from the practices were 15 percent of support the support the support the 

of the oldest recent fully pending FY 2018 – FY FY 2018 – FY FY 2018 – FY 

pending disposition of implemented. Commission 2022 Strategic 2022 Strategic 2022 Strategic 

Commission- the legacy level cases Plan. Plan. Plan. 

level cases. cases, as well as 

recommendations derived 

from 

Commission’s 

public meeting 

on legacy cases, 

to develop and 

implement case 

management 

practices that 

minimize the 

average age of 

the oldest 

fifteen (15%) 

percent of 

pending cases. 

Target met 

(Implement 

case 

management 

practices) 

increased by 

4% from FY 

2014 level. 

Target not 

met 

(Reduce 

average age of 

the oldest 15% 

of pending 

Commission 

level cases by 

10 % from FY 

2014 level) 

24 
 

 

 

 

 

 

 

 

Office of the Executive Director Function 

The Office of the Executive Director (OEXD) provides administrative support services for the 

entire Review Commission to assure success in fulfilling its mission. 

Administrative Operations 

The Executive Director function provides operational management for the agency, including 

procurement, information technology management, human resources management, budget and 

financial management, and administrative services. The day-to-day tasks of this office are led by 

the Executive Director and include: 

• Supporting the development and implementation of the agency’s strategic goals; 

• Maintaining and enhancing a website to provide the public with greater access to Review 

Commission information; 

• Providing agency-wide support in the areas of finance, budget, procurement and 

contracting, human resources, equal opportunity, and general administrative services; 

• Providing personnel, payroll, benefits, reproduction, mail services, and travel assistance 

to agency employees; 

• Procuring goods and services, maintenance and needed repairs of equipment, training, 

reference materials, supplies, and office space; 

• Implementing case management and administrative systems through IT hardware and 

software; 

• Developing and maintaining computer systems and information security enhancements; 

and 

• Enhancing telecommunications and improving technology efficiency and effectiveness. 

Anticipated Office of the Executive Director Workload for FY 2020 

During FY 2020, OEXD staff will: 

• Implement the Administration’s government-wide performance initiatives; 

• Improve financial and administrative services and enhance integrity and efficiency of the 

agency’s financial management and human resources programs; 

• Provide greater online access to information generated by OSHRC to citizens and other 

interested parties as a part of the Review Commission’s transparency initiatives; 

25 
 

 

 

 

 

 

 

 

 

 

 

 

 

• Provide faster and better public access to, and dissemination of, Review Commission 

information and decisions through the use of modern automated technology and 

techniques, including the agency’s website; 

• Improve computer information security based on an evaluation of the Review 

Commission’s computer security, compliance with the various security acts, and the 

implementation of corrections or improvements in any weaknesses found as a result of 

evaluations; 

• Execute the Continuity of Operations Plan (COOP) including maintenance, testing, and 

(if needed) implementation of the COOP for the National office, and the regional offices 

in Denver and Atlanta; 

• Make use of the best Knowledge Management practices to ensure that employees are 

better prepared to perform their work and to provide for continuity and succession 

planning; and 

• Review information technology programs to determine ways to achieve cost savings. 

In FY 2015 and FY 2016, the Review Commission began the process of improving the quality of 

its web-based transparency initiatives, including enhancing the OSHRC website to make more 

information available to internal and external customers, and undertaking other activities in 

support of our mission. In FY 2016, the e-filing system was deployed and fully implemented. In 

FY 2017, we continued to enhance and customize the e-filing system to better support the user 

community. In FY 2018, we updated our COOP. We will continue these efforts in FY 2019 and 

FY 2020. 

This budget request includes $115,000 for continued support ($55,000 for licensing/hosting and 

$60,000 for enhancements) of the e-filing system. Effective management of this e-filing system 

is demonstrative proof of the agency’s commitment of using technology to improve accuracy and 

efficiency in its case management practices. 

Staffing 

The Executive Director function requires 8 FTE positions in FY 2020. The Office has 

responsibility for implementing the Administration’s performance improvement efforts, 

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

performance integration, human capital development, and E-government. 

26 
 

 

 

 

 

 

 

 

 

FUNDING (IN MILLIONS) AND FTE 

FY 2018 Actual FY 2019 Enacted FY 2020 Request 

$ FTE $ FTE $ FTE 

Executive Director 

Function 1.8 7 1.8 8 1.8 8 

Strategic Plan and Outcome Goals 

In accordance with Public Law 111-352, the GPRA Modernization Act of 2010, and Public Law 

103-62, the GPRA of 1993, the Review Commission revised its strategic plan for the period FY 

2018 through 2022. The revised plan focuses on four goals of: (1) promptly and fairly resolving 

the cases before it, including reducing the average age of Review-level cases; (2) enhancing 

transparency of its operations; (3) promoting organizational excellence; and (4) managing 

agency resources in a manner that instills public trust. It also identifies innovative and 

comprehensive strategies to achieve the strategic goals and objectives. The OEXD’s 

responsibilities include implementation of and/or providing Strategic Plan guidance for the 

following goals and outcomes: 

Public Service Goal Outcome Goals 

Expanding transparency 

and openness by 

providing for 

stakeholder engagement 

and ensuring that the 

Review Commission 

keeps interested parties 

and the public it serves 

informed of the agency’s 

work at all levels, 

consistent with due 

process requirements. 

• Ensure that the Review Commission’s website is userfriendly, accessible to people with disabilities, and serves 

as a useful repository for information about the agency 

and its adjudicatory activities. 

• Broaden the Review Commission’s outreach activities to 

the regulated community. 

Encouraging a culture of 

professionalism, mutual 

respect, and 

organizational pride; 

ensuring that staff 

members are adequately 

trained and developed. 

• Recruit, invest in, and value all employees through 

professional development, workplace flexibilities, fair 

treatment, and recognition. 

• Ensure that employees are aware of the agency’s mission 

and how they contribute to its accomplishments. 

27 
 

 

 

 

 

 

Providing responsible 

stewardship of resources 

to monitor, evaluate, and 

improve programs and 

processes in order to 

better accomplish the 

agency’s mission. 

• Develop and present an annual budget and performance 

plan that clearly presents how the organization will 

accomplish government-wide management priorities, 

agency-wide goals, and organizational goals. 

• Improve technology infrastructure through efficiencies 

and investments (e.g., training, equipment, services) to 

support the effective use of broadband, cyber security, and 

energy efficiency. 

• Conduct all internal and external agency business in an 

ethical and timely manner. 

The OEXD will advance its strategic goals through the following strategies: 

1. Develop and present an annual budget and performance plan that clearly presents how the 

organization will accomplish government-wide management priorities, agency-wide 

goals, and organizational goals. 

2. Provide greater public access to Review Commission activities, information, and 

decisions, including education and outreach for LEP individuals and posting procedural 

decisions and non-dispositive orders on the Review Commission’s website. 

3. Create a culture that incorporates core values and provides a work environment that 

encourages diversity and workplace policies and programs that enable employees to 

excel, including special emphasis programs (e.g., People with Disabilities, Federal 

Women’s Program, Hispanic Employment Program), telework policies, family-friendly 

policies, and wellness programs. 

4. Enhance employee development and learning opportunities by devoting available 

budgetary resources to staff training. 

5. Develop and implement recruitment strategies to ensure a highly qualified and diverse 

workforce. 

6. Streamline IT operations, simplify day-to-day management and maintenance, and create a 

more stable operating environment by eliminating duplication, investing in standardized 

platforms, realizing cloud first opportunities, and minimizing storage and application 

sprawl and locally housed servers. 

7. Improve network/communications performance to ensure commission personnel have 

seamless access to systems necessary to perform their work in a timely fashion. 

8. Maintain an information security and privacy management program through acceptance 

and deployment of appropriate federally mandated guidelines and enforcing active 

28 
 

 

 

 

 

policies. Ensure annual FISMA audits are performed and consider having an external 

Inspector General (IG) (OSHRC does not have an IG) supplement the external 

independent audit. 

The following are the performance goals for the Office of the Executive Director for FY 2016 -

2020: 

Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Ensure that the Timeliness of All required All required Internal All material All material posted 

Review postings to material posted material was process was posted no later no later than 4 days 

Commission’s agency website. to the website posted to the implemented to than 5 days after after issuance. 

website is in less than 7 website in allow staff to issuance. 

accessible to days and less than 7 post materials 

people with usually within days and directly to the 

disabilities and one day after usually agency’s 

serves as a issuance. within one website. All 

useful day after materials were 

repository for Target met issuance. posted within 

information (All material one day after 

about the posted no later Target met issuance. 

agency and its than 7 days (All material 

adjudicatory after issuance) posted no Target met 

activities. later than 7 

days after 

issuance) 

(All material 

posted no later 

than 6 days 

after issuance) 

Produce timely Timeliness of All material All material All material All material New goal 

and accurate submissions of submitted by submitted by submitted by submitted by developed to 

reports on the 

Review 

Commission’s 

required reports, 

e.g., financial 

statements, 

OMB, OPM, and 

required 

deadlines. 

required 

deadlines. 

required 

deadlines. 

required 

deadlines. 

support the FY 

2018 – FY 2022 

Strategic Plan. 

activities, EEO reports, etc. 

including all 

reports Target met Target met Target met Target met 

required by (100% of all (100% of all (100% of all (100% of all 

law. material to be 

submitted by 

required 

deadlines) 

material to be 

submitted by 

required 

deadlines) 

material to be 

submitted by 

required 

deadlines) 

material to be 

submitted by 

required 

deadlines) 

29 
Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Broaden the 

Review 

Commission’s 

outreach 

activities with 

other Federal 

agencies and 

the affected 

public, 

including 

targeted 

education and 

outreach for 

individuals 

with LEP. 

Participation in 

professional 

conferences and 

meetings and 

strategic 

engagement with 

stakeholders. 

Draft language 

access plan is 

posted on the 

agency’s 

website. 

Target met 

(Fully 

implement a 

language 

access plan 

and post to the 

agency’s 

website for 

public access) 

Review 

Commission 

documents 

were 

reviewed, 

translated, 

and posted on 

the agency’s 

website. 

Target met 

(Review 

documents to 

be translated 

and posted on 

the agency’s 

website) 

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan. 

New goal 

developed to 

support the FY 

2018 – FY 2022 

Strategic Plan. 

New goal 

developed to 

support the FY 

2018 – FY 2022 

Strategic Plan. 

30 
 

 

 

Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Broaden the -Participation in New goal New goal Alert service -Increased -Increased 

Review professional developed to developed to was participation in participation in at 

Commission’s conferences and support the FY support the implemented at least two least two activities 

outreach meetings and 2018 – FY FY 2018 – on the agency’s activities or or meetings that 

activities to strategic 2022 Strategic FY 2022 website to meetings that promote strategic 

the regulated engagement with Plan. Strategic engage the promote engagement to 

community. the regulated 

community. 

-Creation of 

electronic 

subscription 

service. 

Plan. public. 

Target met 

(-Increased 

participation in 

at least two 

activities or 

meetings that 

promote 

strategic 

engagement to 

disseminate 

information 

including 

trends and 

services (e.g., 

LEP) provided 

by the agency. 

strategic 

engagement to 

disseminate 

information 

including trends 

and services 

(e.g., LEP) 

provided by the 

agency. 

-Monitor the use 

of alert service 

used to engage 

the public. 

disseminate 

information 

including trends 

and services (e.g., 

LEP) provided by 

the agency. 

-Monitor the use of 

alert service used 

to engage the 

public. 

-Use of alert 

service to 

engage the 

public.) 

31 
 

 

 

 

 

 

Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Recruit, invest 

in, and value 

all employees 

through 

professional 

development, 

workplace 

flexibilities, 

fair treatment, 

and 

recognition. 

-Recruit, 

develop, and 

retain a highly 

motivated, 

talented, and 

diverse 

workforce to 

accomplish its 

mission. 

-Identify areas in 

which the 

agency can 

enhance 

diversity and 

talent through 

annual analysis 

of the MD-71511 

guidance. 

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan. 

New goal 

developed to 

support the 

FY 2018 – 

FY 2022 

Strategic 

Plan. 

Job postings 

were developed 

to attract 

qualified and 

diverse 

candidates. 

Agency 

directives 

pertaining to 

workplace 

flexibilities 

were reviewed. 

Target met 

(-Attract 

qualified and 

diverse 

candidates, 

including 

veterans and 

persons with 

disabilities. 

-Annually 

review and/or 

update agency 

directives 

pertaining to 

workplace 

flexibilities 

(e.g., hours of 

work, 

telework)) 

-Ensure that the 

agency’s 

performance 

management 

system(s) are 

aligned with its 

goals and 

objectives. 

-Enhance 

employee 

development 

and learning 

opportunities by 

making 

budgetary 

resources 

available for 

staff training. 

-Annually 

review and/or 

update agency 

directives 

pertaining to 

workplace 

flexibilities 

(e.g., hours of 

work, telework). 

-Ensure that the 

agency’s 

performance 

management 

system(s) are 

aligned with its 

goals and 

objectives. 

-Enhance employee 

development and 

learning 

opportunities by 

making budgetary 

resources available 

for staff training. 

-Annually review 

and/or update 

agency directives 

pertaining to 

workplace 

flexibilities (e.g., 

hours of work, 

telework). 

11 Equal Employment Opportunity (EEO) Management Directive 715 – Reporting Requirement for Federal 

Agencies 

32 
Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Ensure that 

employees are 

aware of the 

agency’s 

mission and 

how they 

contribute to 

its accomplishments. 

Communicate 

significant 

organizational 

accomplishments with staff. 

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan. 

New goal 

developed to 

support the 

FY 2018 – 

FY 2022 

Strategic 

Plan. 

Annual Federal 

Employee 

Viewpoint 

Survey results 

were assessed. 

Routine 

meetings were 

conducted. 

Target met 

(-Communicate 

significant 

organizational 

accomplishments with 

staff during allhands staff 

meetings and 

during 

supervisory/ 

employee 

meetings. 

-Use results of 

the annual 

Federal 

Employee 

Viewpoint 

Survey to 

assess 

employees’ 

knowledge of 

how their work 

relates to the 

agency’s goals 

and priorities) 

-Communicate 

significant 

organizational 

accomplishments with staff 

during all-hands 

staff meetings 

and during 

supervisory/ 

employee 

meetings. 

-Use results of 

the annual 

Federal 

Employee 

Viewpoint 

Survey to assess 

managers and 

supervisor’s 

communication 

with employees 

about the 

agency’s goals 

and priorities. 

-Communicate 

significant 

organizational 

accomplishments 

with staff during 

all-hands staff 

meetings and 

during supervisory/ 

employee 

meetings. 

-Use results of the 

annual Federal 

Employee 

Viewpoint Survey 

to assess managers 

and supervisor’s 

communication 

with employees 

about the agency’s 

goals and priorities. 

33 
Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Develop and System that links Agency Agency Aligned budget Align budget Align budget with 

present an resources to program goals program with agency with agency agency program 

annual budget specific continue to be goals are program goals program goals goals to efficiently 

and activities that aligned with aligned with to efficiently to efficiently accomplish mission 

performance support the budget to the budget to accomplish accomplish (e.g., program, 

plan that measurable efficiently efficiently mission (e.g., mission (e.g., human capital, 

clearly programmatic accomplish the accomplish program, program, human procurement, IT 

presents how outcomes and mission. the mission. human capital, capital, infrastructure, 

the objectives. procurement, procurement, IT space, and 

organization Target met Target met IT infrastructure, facilities). 

will (Align budget (Align infrastructure/ space, and 

accomplish with agency budget with space, and facilities). 

government- program goals agency facilities. 

wide to efficiently program 

management accomplish goals to Target met 

priorities, mission (e.g., efficiently (Align budget 

agency-wide program, accomplish with agency 

goals, and human capital, mission (e.g., program goals 

organizational procurement, program, to efficiently 

goals. IT 

infrastructure/s 

pace, and 

facilities) 

human 

capital, 

procurement, 

IT 

infrastructure 

/space, and 

facilities) 

accomplish 

mission (e.g., 

program, 

human capital, 

procurement, 

IT 

infrastructure, 

space, and 

facilities)) 

34 
 

 

Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Implement a 

comprehensive 

human capital 

plan designed 

to recruit, 

retain, and 

develop staff; 

support 

succession 

planning by 

strategically 

aligning 

present and 

future human 

capital needs 

and workforce 

planning; and 

evaluate the 

performance 

management 

system based 

on individual 

and 

organizational 

effectiveness. 

Increase 

personnel 

capabilities and 

development by 

improving 

training 

opportunities. 

.44 percent of 

basic payroll 

devoted to 

staff training 

and 

development. 

Target not 

met 

(.70 percent of 

basic payroll 

devoted to staff 

training and 

development) 

.80 percent of 

basic payroll 

devoted to 

staff training 

and 

development. 

Target met 

(.80 percent of 

basic payroll 

devoted to 

staff training 

and 

development) 

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan. 

New goal 

developed to 

support the FY 

2018 – FY 2022 

Strategic Plan. 

New goal 

developed to 

support the FY 

2018 – FY 2022 

Strategic Plan. 

35 
 

 

Outcome 

Goals 

Performance 

Measures 

FY 

2016 

Actual 

(Target) 

FY 

2017 

Actual 

(Target) 

FY 

2018 

Actual* 

(Target) 

FY 

2019 

(Target) 

FY 

2020 

(Target) 

Integrate 

knowledge 

management 

(KM) 

processes into 

a plan to 

capture, share, 

and generate 

knowledge and 

establish a 

unified 

knowledge 

network of 

people, 

processes, and 

technology to 

enhance 

operations and 

efficiencies in 

all aspects of 

essential 

agency 

operations. 

-Conduct 

periodic 

knowledge 

audits to identify 

sources of 

knowledge and 

“at risk” 

knowledge gaps. 

-Tailor IT 

infrastructure to 

support the 

effortless 

sharing and 

transfer of 

knowledge. 

-Degree to 

which best 

practices and 

lessons learned 

are integrated 

into the 

performance 

management 

system. 

Implemented a 

Phased 

Retirement 

directive, 

identified 

knowledge gap 

vulnerabilities, 

and enhanced 

telework 

opportunities 

to retain 

employees that 

move outside 

of commuting 

area. 

Target met 

(Use findings 

from 

evaluation of 

KM audit to 

identify and 

address 

knowledge 

gaps) 

Reviewed 

agency 

policies, 

organizational 

charts, and 

position 

descriptions to 

identify 

knowledge 

gap 

vulnerabilities. 

Target met 

(Evaluate and 

address KM 

vulnerabilities 

to further 

enhance 

agency 

operations and 

programs) 

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan. 

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan. 

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan. 

36 
Outcome Performance FY FY FY FY FY 

Goals Measures 2016 

Actual 

(Target) 

2017 

Actual 

(Target) 

2018 

Actual 

(Target) 

2019 

(Target) 

2020 

(Target) 

Improve 

technology 

infrastructure 

through 

efficiencies 

and 

investments 

(e.g., training, 

equipment, 

services) to 

support the 

effective use 

of broadband, 

cyber 

security, and 

energy 

efficiency. 

-Streamline 

operations and 

infrastructure to 

eliminate 

duplication; 

minimize 

servers, storage 

and application 

sprawl. 

-Maintain 

standardized 

platforms 

including 

hardware and 

software. 

-Improve 

network/communications to 

ensure customers 

can access 

necessary 

information 

without delay. 

Upgraded 

Citrix to 

permit 

additional 

security 

measures, and 

servers to 

virtual 

machines; 

implemented a 

cloud-based 

case 

management 

system and 

provided 

training to 

users; 

upgraded 

desktops; and 

procured new 

servers. 

Target met 

(Implement 

recommended 

IT 

infrastructure 

upgrades 

identified in 

evaluation) 

-Migration of 

Mail 

(exchange) to 

FedRAMP 

certified Office 

365. 

-Moved locally 

administered 

share point 

(intranet) to 

Office 365. 

-Instituted 

changes to efiling system to 

accommodate 

the user 

community. 

-Encrypted and 

upgraded 

software on 

agency laptops. 

-Started 

deployment of 

two factor 

authentication 

using personal 

identity 

verification. 

Target met 

(Continue 

monitoring 

technology 

infrastructure to 

determine if 

additional 

resources are 

required) 

-Reduce 

physical 

servers 

through 

virtualization. 

-Reduce the 

number of 

operating 

systems in 

use. 

-Evaluate and 

address 

enhancements 

to our e-filing 

system. 

-Increase 

bandwidth for 

migration to 

cloud 

initiatives 

(i.e., 

electronic 

mail services 

to the cloud 

and expand 

cloud storage 

space) 

Target met 

(Continuous 

monitoring of 

the agency’s 

technology 

infrastructure 

was done to 

determine if 

new or 

additional 

resources 

were 

necessary) 

-Reduce 

physical 

servers 

through 

virtualization. 

-Reduce the 

number of 

operating 

systems in 

use. 

-Increase 

bandwidth for 

migration to 

cloud 

efficiencies. 

-Reduce 

physical 

servers 

through 

virtualization. 

-Reduce the 

number of 

operating 

systems in 

use. 

-Increase 

bandwidth for 

migration to 

cloud 

efficiencies. 

Use existing Implement -Use of virtual -Expanded the New goal New goal New goal 

real property measures to machines and use of Virtual developed to developed to developed to 

more reduce operating all equipment Machines. support the support the support the 

effectively by expenses when purchases meet FY 2018 – FY 2018 – FY 2018 – 

implementing negotiating lease EPA Energy FY 2022 FY 2022 FY 2022 

37 
 

 

Outcome Performance FY FY FY FY FY 

Goals Measures 2016 

Actual 

(Target) 

2017 

Actual 

(Target) 

2018 

Actual 

(Target) 

2019 

(Target) 

2020 

(Target) 

energy 

efficiency by 

implementing 

energy 

practices, 

space 

alignment 

efforts (e.g., 

sustainability), 

and 

expanding 

telework. 

and develop a 

system to 

evaluate areas of 

consumption that 

impact 

sustainability. 

Efficiency 

standards. 

-Expanded 

Citrix to 

accommodate 

additional 

telework staff. 

Target met 

(Increase the 

percentage of 

supplies and 

equipment 

procured from 

eco-friendly 

sources) 

-Moved 

infrastructures 

to FedRAMP 

providers. 

Target met 

(Continue 

monitoring to 

ensure supplies 

and equipment 

are procured 

from ecofriendly 

sources) 

Strategic 

Plan. 

Strategic 

Plan. 

Strategic 

Plan. 

Enhance the Development of Increased Increased use of New goal New goal New goal 

agency’s an electronic efficiency of FOIA online developed to developed to developed to 

FOIA form and/or FOIA online form and support the support the support the 

processing request tracking form and use dedicated FOIA FY 2018 – FY 2018 – FY 2018 – 

system by capability. of dedicated email address FY 2022 FY 2022 FY 2022 

developing FOIA email expanded Strategic Strategic Strategic 

internet-based address to tracking Plan. Plan. Plan. 

capabilities. expedite 

receipt, 

tracking, and 

processing of 

requests. 

Target met 

(Develop tools 

to be used for 

processing and 

expediting 

FOIA requests 

electronically) 

capability and 

improved 

communication 

with requesters; 

eliminated need 

to implement 

online tracking 

system. 

Target met 

(Explore 

advanced 

options for 

online tracking 

capability) 

Conduct all Promote an New goal New goal Expanded -Provide in- -Provide ininternal and ethical culture developed to developed to outreach person ethics person ethics 

external within the support the FY support the FY primarily to training to all training to all 

agency Review 2018 – FY 2018 – FY new agency filers. agency filers. 

business in an Commission 2022 Strategic 2022 Strategic employees, in 

ethical and through Plan. Plan. particular 

38 
 

 

Outcome Performance FY FY FY FY FY 

Goals Measures 2016 

Actual 

(Target) 

2017 

Actual 

(Target) 

2018 

Actual 

(Target) 

2019 

(Target) 

2020 

(Target) 

timely leadership, political -Develop a -Implement a 

manner. awareness, 

resources, and 

oversight. 

appointees, 

which 

generated 

increased 

opportunities 

to provide 

ethics advice. 

Target met 

(-Provide inperson ethics 

training to all 

agency filers. 

-Increase 

opportunities 

for outreach 

to all agency 

employees on 

ethics issues) 

plan to 

decrease 

response time 

to ethics 

inquiries. 

plan to 

decrease 

response time 

to ethics 

inquiries. 

39 
V. BUDGET BYOBJECT 

CLASSIFICATION 

CATEGORY 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I I 

I I 

Budget by Object Classification (BOC) Category 

The U.S. Occupational Safety and Health Review Commission requests an appropriation of 

$13,225,000 for FY 2020 to continue our mission of adjudicating OSHA-issued workplace safety 

citations. The requested amount would support 61 FTE positions as well as funding for other 

costs. 

The proposed budget for FY 2020 along with the FY 2018 actual and FY 2019 enacted amounts 

are shown in the table below by object classification category. A narrative explanation of the 

amount requested for each object classification follows the table. 

Object Classification Table 

Fiscal Years 2018, 2019 and 2020 

(Dollars in Thousands) 

Change 

FY 2019 Enacted – 

FY 2020 Request 

Budget Object Class FY 2018 

Actual 

FY 2019 

Enacted 

FY 2020 

Request $ % 

11.0 Personnel 

Compensation 6,822 $7,462 $7,462 -0- -0-

12.0 Personnel Benefits 2,089 2,237 2,237 -0- -0-

Subtotal Personnel Services 8,911 9,699 9,699 -0- -0-

21.0 Travel 149 185 185 -0- -0-

22.0 Transportation of 

Things 2 10 10 -0- -0-

23.1 Space Rental 

Payments (GSA) 1,602 1,625 1,625 -0- -0-

23.3 Communications, 

Utilities and Misc. 220 272 272 -0- -0-

24.0 Printing and 

Reproduction 0 17 17 -0- -0-

25.0 Other Services 1,658 1,005 1,005 -0- -0-

26.0 Supplies and 

Materials 84 43 43 -0- -0-

31.0 Equipment 371 369 369 -0- -0-

Unobligated 

Balance 228 

Grand Total 13,225 13,225 13,225 -0- -0-

40 
 

 

 

 

 

 

 

 

 

 

 

Budget Object Classification Detail 

11.0 Personnel Compensation 

Change FY 2019 Enacted – FY 2020 Request 

FY 2019 Enacted FY 2020 Request Amount Percent 

7,462,000 7,462,000 -0- -0-

The Review Commission requests $7,462,000 to fund direct payroll costs in FY 2020. This 

amount assumes the support for 61 FTE positions. This object class also supports awards to 

recognize those employees whose performance is superior and who perform special acts or 

services. 

12.0 Personnel Benefits 

Change FY 2019 Enacted – FY 2020 Request 

FY 2019 Enacted FY 2020 Request Amount Percent 

2,237,000 2,237,000 -0- -0-

The Review Commission requests $2,237,000 to fund the payroll-related costs of employee 

benefits in FY 2020. These benefits principally consist of the government’s contributions to the 

CSRS and FERS retirement programs, life and health insurance programs, the Transit Subsidy 

Program, and the Thrift Savings Plan. 

21.0 Travel 

Change FY 2019 Enacted – FY 2020 Request 

FY 2019 Enacted FY 2020 Request Amount Percent 

185,000 185,000 -0- -0-

The requested amount for travel in FY 2020 is $185,000. Travel of ALJs to conduct hearings 

accounts for the majority of this request. It should be noted that approximately 90 percent of the 

Review Commission’s travel budget pays for ALJ travel in order to conduct hearings. By law, 

these hearings must be conducted as close as possible to the site of the alleged violation. The 

remainder of these funds is for travel associated with training, necessary travel to the regional 

offices, and other requirements. 

22.0 Transportation of Things 

Change FY 2019 Enacted – FY 2020 Request 

FY 2019 Enacted FY 2020 Request Amount Percent 

10,000 10,000 -0- -0-

An amount of $10,000 is requested to fund the cost of shipping materials between Review 

Commission offices and other locations. 

41 
 

 

 

 

 

 

 

 

 

 

 

 

23.1 Rental Payments to GSA 

Change FY 2019 Enacted – FY 2020 Request 

FY 2019 Enacted FY 2020 Request Amount Percent 

1,625,000 1,625,000 -0- -0-

The request includes $1,625,000 for office space rental for the National and Regional Offices. 

These projected rent costs are based on FY 2020 estimates provided by the General Services 

Administration (GSA) to the Review Commission. This amount also takes into consideration the 

savings from reducing space in our Atlanta Regional Office (ATL RO) as described below. 

The Review Commission has reshaped its ATL RO to comply with Executive Order 13781 and 

the Office of Management and Budget Memorandum, M-17-22, which requires agencies to 

establish a comprehensive plan for reforming the federal government and reducing the federal 

civilian workforce. The principal reasons for the reshaping effort are both cost-savings of 

American taxpayer dollars and to most efficiently serve our agency’s mission. While at one time 

OSHRC had more than a half-dozen regional offices, changes in technology and the ease of air 

travel have reduced the need for a regional presence. 

The Review Commission retained all of its Atlanta region employees in this reshaping and 

reduced the total square footage of the physical office space located in the Sam 

Nunn Atlanta Federal Center, resulting in a significant cost-savings in rent. The long-term 

strategy, solely through attrition, is to reshape our physical footprint and consolidate the ATL 

RO’s operations into our National Office in Washington, D.C. — leaving one Regional Office in 

Denver, Colorado, which remains mission-critical to best serve the regulated community given 

the travel time and costs associated with the judges traveling to the Western United States from 

Washington, D.C. to conduct agency proceedings. 

23.3 Communications, Utilities, and Miscellaneous Charges 

Change FY 2019 Enacted – FY 2020 Request 

FY 2019 Enacted FY 2020 Request Amount Percent 

272,000 272,000 -0- -0-

The Review Commission requests $272,000 for communication costs in FY 2020. The Review 

Commission began the development and implementation of an e-filing system in FY 2013 with a 

hosted internet-based interface that accommodates the electronic filing of litigation documents. 

In FY 2016, the e-filing system was fully deployed. This request includes telecommunication 

costs to support our cloud initiative with increased security and bandwidth requirements and 

pave the way for future cloud initiatives. 

Local telephone service and telecommunication costs are projected to be $252,000. Postage for 

the required mailing of letters, case files, and other materials related to cases is expected to be 

$20,000. 

42 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

24.0 Printing and Reproduction 

Change FY 2019 Enacted – FY 2020 Request 

FY 2019 Enacted FY 2020 Request Amount Percent 

17,000 17,000 -0- -0-

The requested amount for printing in FY 2020 is $17,000. Printing costs consist mainly of the 

charges for publishing rules, proposed rules, and other announcements in the Code of Federal 

Regulations (CFR) and/or the Federal Register, and for purchasing copies of the CFR and other 

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

$10,000 in FY 2020. The balance of the budget – $7,000 – is needed for printing of Rules of 

Procedure and Guide to the Review Commission pamphlets, which are provided to parties to 

Review Commission proceedings. 

25.0 Other Services 

Change FY 2019 Enacted – FY 2020 Request 

FY 2019 Enacted FY 2020 Request Amount Percent 

1,005,000 1,005,000 -0- -0-

The requested amount for other services in FY 2020 is $1,005,000. This amount will allow the 

Review Commission to maintain our current services. Requirements in this area fall into two 

basic categories: Interagency Agreements for services provided by other federal agencies and 

contractual services provided by non-federal vendors. Additional information on each of these is 

provided in the following paragraphs. 

Services Provided by Other Federal Agencies. A total of $377,000 is requested for services 

provided by other federal agencies. Our costs have increased in this category as a result of 

additional service costs associated with a new time and attendance system provided by the NFC, 

along with higher costs for our Interagency Agreements with the Office of Personnel 

Management (OPM) and NARA. This area includes $14,000 for personnel and payroll services 

provided by NFC, $305,120 for financial and administrative services provided by the Bureau of 

the Fiscal Service (BFS), and $34,427 for building security (estimated) provided by the 

Department of Homeland Security. The remaining amount will be used to fund other Interagency 

Agreements such as with the U.S. Department of Health and Human Services (Federal 

Occupational Health), GSA, OPM, and NARA. 

Other Contractual Services. OSHRC procures a variety of services to support us in carrying 

out our mission. These include: court reporting ($100,000); maintenance/incremental 

enhancements including security of the Review Commission’s information technology system 

and for continued enhancements and customized reporting of the e-filing system ($60,000); 

services for translation of documents and interpreters for individuals LEP ($10,000); independent 

evaluation of IT security under the Federal Information Security Management Act (FISMA) 

($30,000); and on-line legal research ($43,000). This category also includes funding for other 

contractual services such as the annual audit of our financial statements ($30,000), library 

operations ($90,000), training, and other requirements to support the agency’s mission. This 

43 
 

 

 

 

 

 

 

 

 

category also includes funds needed for continuing maintenance of the Review Commission’s 

website ($30,000). 

26.0 Supplies and Materials 

Change FY 2019 Enacted – FY 2020 Request 

FY 2019 Enacted FY 2020 Request Amount Percent 

43,000 43,000 -0- -0-

The requested amount for supplies and materials in FY 2020 is $43,000. This amount includes 

general office supplies ($22,000) and information technology supplies and software ($21,000). 

31.0 Equipment 

Change FY 2019 Enacted – FY 2020 Request 

FY 2019 Enacted FY 2020 Request Amount Percent 

369,000 369,000 -0- -0-

The requested amount for equipment in FY 2020 is $241,000. The Review Commission began the 

development and implementation of an e-filing system in FY 2013 with a hosted internet-based 

interface that accommodates the electronic filing of litigation documents. As a result, our 

information technology infrastructure was upgraded, and licensing and hosting costs are required 

to maintain the system. The e-filing system was fully deployed in FY 2016. We estimate that the 

licensing costs will be $55,000. Subscriptions and other publications necessary to maintain our 

legal libraries are included in this object class. The remainder is required for new and/or 

replacement computers and other information technology requirements and to enable us to 

comply with government-wide mandates such as the FISMA. Our information technology 

equipment includes personal computers, printers, a local area network, and associated peripherals. 

Finally, a small portion of this funding will be used to purchase any office furniture that may be 

needed. 

44 
VI. OTHERTABLES 
 

 

 

 

The U.S. Occupational Safety and Health Review Commission 

Appropriation History 

Fiscal Request to House Senate Appropriation 

Year Congress Allowance Allowance 

1999 $8,050,000 $8,100,000 $8,100,000 $8,092,00012 

2000 $8,500,000 $8,100,000 $8,500,000 $8,470,00013 

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

2002 $8,964,000 $8,964,000 $8,964,000 $8,958,00014 

2003 $9,577,000 $9,577,000 $9,577,000 $9,673,00015 

2004 $10,115,000 $10,115,000 $9,610,000 $9,863,00016 

2005 $10,516,000 $10,595,000 $10,595,000 $10,510,24017 

2006 $10,510,000 $10,510,000 $10,510,000 $10,404,90018 

2007 $10,346,000 $10,510,000 $10,346,000 $10,470,779 

2008 $10,696,000 $10,696,000 $10,696,000 $10,696,00019 

2009 $11,186,000 $11,186,000 $11,186,000 $11,186,000 

2010 $11,712,000 $11,712,000 $11,712,000 $11,712,000 

2011 $12,051,000 $11,712,000 $12,051,000 $11,712,00020 

2012 $12,773,000 $11,689,000 $11,689,000 $11,689,00021 

2013 $11,965,000 $11,667,000 $11,667,000 $11,666,90822 

2014 $12,634,830 $11,411,000 

2015 $12,651,000 $12,651,000 $12,651,000 $11,639,000 

2016 $13,212,000 $12,639,000 $11,100,000 $12,639,000 

2017 $13,411,000 $12,975,000 $13,411,000 $13,225,000 

2018 $12,615,000 $12,875,000 $13,225,000 $13,225,000 

2019 $12,615,000 $12,975,000 $13,225,000 $13,225,000 

2020 $13,225,000 

12 Reduced to $8,092,000 by H.R. 1664 

13 Reduced to $8,470,000 by P.L. 106-113 14 Reduced to $8,958,000 by P.L. 107-206 

15 Reduced to $9,610,125 by P.L. 108-7 

16 Reduced to $9,863,000 by P.L. 108-199 

17 Reduced to $10,510,240 by P.L. 108-447 

18 Reduced to $10,404,900 by P.L. 109-149 

19 Reduced to $10,509,141 by P.L. 110-161 

20 Reduced to $11,688,576 by P.L. 112-10 21 Reduced to $11,666,908 by P.L. 112-74 22 Reduced to $11,056,659 by P.L. 113-6 and Sequestration Order issued March 1, 2013 

45 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Authorized Full Time Positions By Function 

FY 2018 FY 2019 FY 2020 

Actual Enacted Request 

Administrative Law Judge: 

AL-II 1 1 1 

AL-III 10 11 11 

GS-14 5 5 5 

GS-13 0 0 0 

GS-12 1 1 1 

GS-11 0 0 0 

GS-10 1 1 1 

GS-9 1 1 1 

GS-8 3 5 5 

Sub-total 22 25 25 

Commission: 

Executive Level III 1 1 1 

Executive Level IV 2 2 2 

ES-00 2 2 2 

GS-15 5 5 5 

GS-14 6 6 8 

GS-13 2 3 2 

GS-12 1 3 2 

GS-11 2 3 3 

GS-9 2 2 3 

GS-8 0 1 0 

GS-7 0 0 0 

Sub-total 23 28 28 

Office of the Executive Director: 

ES-00 1 1 1 

GS-15 2 1 1 

GS-14 0 0 1 

GS-13 0 1 0 

GS-12 4 3 3 

GS-11 0 0 1 

GS-9 0 1 0 

GS-7 0 1 1 

Sub-total 7 8 8 

Total full-time positions: 52 61 61 

46