OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

FREEDOM OF INFORMATION ACT (FOIA) REPORT 

FISCAL YEAR 2018

I. Basic Information Regarding Report

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

questions about this report: 

Noelle Chadwick, FOIA Public Liaison 

Occupational Safety and Health Review Commission

Office of the General Counsel

1120 20th St., NW, 9th Floor

Washington, DC 20036-3457

(202) 606-5724

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

https://www.oshrc.gov/foia/oshrc-annual-foia-reports. This report can be 

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

3. Address for requesting paper copies of this report:

Noelle Chadwick, FOIA Public Liaison

Occupational Safety and Health Review Commission

Office of the General Counsel

1120 20th Street, NW, 9th Floor

Washington, DC 20036-3457

II. Making a FOIA Request

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

at https://www.oshrc.gov, click on the “FOIA” section, and then click on the “The 

Freedom of Information Act Reference Guide” or type 

https://www.oshrc.gov/foia/the-freedom-of-information-act-reference-guide in 

your browser.

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

components that receive FOIA requests:

Occupational Safety and Health Review Commission

FOIA Requester Service Center*

1120 20th Street, NW, 9th Floor

Washington, DC 20036-3457

(202) 606-5724

*OSHRC centrally processes all FOIA requests.

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

of certain general categories of the agency’s records to which the FOIA 

exemptions apply: 
Some requests are not granted because no record responsive to the request is 

located. Requests are also not granted because the request is for records not 

held by this agency and has to be referred to the proper agency. Some 

requests are not granted because the records requested are protected by one of 

the nine exemptions specified in the FOIA. Certain general categories of this 

agency’s records to which the FOIA exemptions may apply include: OSHRC 

case files, OSHRC adjudicatory deliberations files, and OSHRC personnel 

files. 

3. Electronic Link to agency’s FOIA regulations

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

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

https://www.oshrc.gov/foia/oshrc-regulations-implementing.

III.Acronyms, Definitions, and Exemptions

1. Agency-specific acronyms or other terms: 

OSHRC, for Occupational Safety and Health Review Commission.

2. Terms used in this Report:

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

at a higher administrative level a FOIA determination made by the agency at 

the initial request level.

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

numbers by the quantity of numbers in the group. For example, of 3, 7, and 

14, the average number is 8.

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

at an agency at the end of the fiscal year that are beyond the statutory time 

period for a response. 

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

“component” is an entity, also sometimes referred to as an Office, Division, 

Bureau, Center, or Directorate, within the agency that processes FOIA 

requests. The FOIA now requires that agencies include in their Annual FOIA 

Report data for both the agency overall and for each principal component of 

the agency. 

Consultation – the procedure whereby the agency responding to a FOIA 

request first forwards a record to another agency for its review because that 

other agency has an interest in the document. Once the agency in receipt of 

the consultation finishes its review of the record, it responds back to the 

agency that forwarded it. That agency, in turn, will then respond to the FOIA 

requester. 

Exemption 3 Statute – a federal statute that exempts information from 

disclosure and which the agency relies on to withhold information under 

subsection (b)(3) of the FOIA. 
FOIA Request – a FOIA request is generally a request to a federal agency for 

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

concerning an organization, or a particular topic of interest. FOIA requests 

also include requests made by requesters seeking records concerning 

themselves (i.e., “first-party” requests) when those requesters are not subject 

to the Privacy Act, such as non-U.S. citizens. Moreover, because all firstparty requesters should be afforded the benefit of both the access provisions of 

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

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

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

and the agency looks to FOIA to afford the greatest possible access. All 

requests which require the agency to utilize the FOIA in responding to the 

requester are included in this Report. Additionally, a FOIA request includes 

records referred to the agency for processing and direct response to the 

requester. It does not, however, include records for which the agency has 

received a consultation from another agency. (Consultations are reported 

separately in Section XII of this Report.)

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

FOIA request.

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

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

more of the FOIA exemptions, or because of a procedural reason, such as 

when no records could be located.

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

and 14, the median number is 7. 

Multi-Track Processing – a system in which simple requests requiring 

relatively minimal review are placed in one processing track and more 

voluminous and complex requests are placed in one or more other tracks. 

Requests granted expedited processing are placed in yet another track. 

Requests in each track are processed on a first in/first out basis. 

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

expedited basis when a requester satisfies the requirements for expedited 

processing as set forth in the statute and in agency regulations. 

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

processing places in its fastest (non-expedited) track based on the low 

volume and/or simplicity of the records requested. 

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

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

complexity of the records requested. 

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

decision to disclose portions of the records and to withhold other portions that 

are exempt under the FOIA, or to otherwise deny a portion of the request for a 

procedural reason. 
Pending Request or Pending Administrative Appeal – a request or 

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

respects. 

Perfected Request – a request for records which reasonably describes such 

records and is made in accordance with published rules stating the time, place, 

fees (if any) and procedures to be followed.

Processed Request or Processed Administrative Appeal – a request or 

administrative appeal for which an agency has taken final action in all 

respects.

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

process requests or administrative appeals. 

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

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

FOIA request).

3. Descriptions of the Nine FOIA Exemptions:

Exemption 1: classified national defense and foreign relations information

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

and practices of an agency

Exemption 3: information that is prohibited from disclosure by another 

federal law

Exemption 4: trade secrets and other confidential business information

Exemption 5: inter-agency or intra-agency communications that are 

protected by legal privileges

Exemption 6: information involving matters of personal privacy

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

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

expected to interfere with enforcement proceedings, (B) would deprive a 

person of a right to a fair trial or an impartial adjudication, (C) could 

reasonably be expected to constitute an unwarranted invasion of personal 

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

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

enforcement investigations or prosecutions, or would disclose guidelines for 

law enforcement investigations or prosecutions, or (F) could reasonably be 

expected to endanger the life or physical safety of any individual

Exemption 8: information relating to the supervision of financial institutions

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

Statute Type of Information

Withheld Case Citation Agency / Component

Number of 

Times

Relied upon

by Agency / 

Component

Total Number 

of

Times Relied 

upon

by Agency 

Overall

N/A N/A N/A OSHRC 0

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

Agency / Component

Number of 

Requests

Pending as of 

Start

of Fiscal Year

Number of

Requests 

Received

in Fiscal Year

Number of

Requests 

Processed

in Fiscal Year

Number of 

Requests

Pending as of End

of Fiscal Year

OSHRC 1 69 69 1

0

AGENCY OVERALL 1 69 69 1
V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

Agency / 

Component

Number 

of Full 

Grants

Number 

of Partial 

Grants / 

Partial 

Denials

Number of 

Full Denials 

Based on 

Exemptions

Number of Full Denials Based on Reasons Other than Exemptions

No 

Records

All Records 

Referred to 

Another 

Component 

or Agency

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

FOIA 

Request 

for Other 

Reason

Not 

Agency 

Record

Duplicate 

Request

Other 

*Explain 

in Chart 

Below

TOTAL

OSHRC 29 17 0 8 0 15 0 0 0 0 0 0 69

0

AGENCY 

OVERALL 29 17 0 8 0 15 0 0 0 0 0 0 69
V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS 

BASED ON REASONS OTHER THAN EXEMPTIONS"

Agency / 

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

Number of Times 

"Other" Reason 

Was Relied Upon

TOTAL

OSHRC N/A 0

0

AGENCY 

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

Agency / 

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

OSHRC 0 0 0 3 3 14 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 3 3 14 0 0 0 0 0 0 0 0
VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS --

RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS

Agency / Component

Number of Appeals

Pending as of Start

of Fiscal Year

Number of

Appeals Received

in Fiscal Year

Number of

Appeals Processed

in Fiscal Year

Number of Appeals

Pending as of End

of Fiscal Year

OSHRC 0 1 1 0

0

AGENCY OVERALL 0 1 1 0
VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS

Agency / Component Number Affirmed on 

Appeal

Number Partially 

Affirmed & Partially 

Reversed/Remanded on 

Appeal

Number Completely 

Reversed/Remanded on 

Appeal

Number of Appeals 

Closed for Other 

Reasons

TOTAL

OSHRC 0 0 0 1 1

0

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

Agency / 

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

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

AGENCY 

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

Agency / 

Component

No 

Records

Records 

Referred at 

Initial 

Request 

Level

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

Request 

for Other 

Reasons

Not 

Agency 

Record

Duplicate 

Request or 

Appeal

Request in 

Litigation

Appeal 

Based 

Solely on 

Denial of 

Request 

for 

Expedited 

Processing

Other 

*Explain in 

chart 

below

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

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 1
VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS

Agency / 

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

Number of Times 

"Other" Reason 

Was Relied Upon

TOTAL

OSHRC Untimely 1

1

AGENCY 

OVERALL 1
VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Agency / Component Median Number of Days Average Number of 

Days Lowest Number of Days Highest Number of Days

AGENCY OVERALL 14.00 14.00 14.00 14.00
VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component

10th 

Oldest 

Appeal

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

Appeal

Date of Appeal

Number of Days 

Pending

AGENCY 

OVERALL

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

Number of Days 

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

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

AGENCY 

OVERALL 5 5.6 1 19 26.5 26.5 24 29 9 9 9 9
VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS 

GRANTED

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

AGENCY 

OVERALL 6 7.4 1 19 26.5 26.5 24 29 9 9 9 9
VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

81-100 

Days

101-120 

Days

121-140 

Days

141-160 

Days

161-180 

Days

181-200 

Days

201-300 

Days

301-400 

Days

401+

Days TOTAL

OSHRC 64 0 0 0 0 0 0 0 0 0 0 0 0 64

0

AGENCY 

OVERALL 64 0 0 0 0 0 0 0 0 0 0 0 0 64
VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

81-100 

Days

101-120 

Days

121-140 

Days

141-160 

Days

161-180 

Days

181-200 

Days

201-300 

Days

301-400 

Days

401+

Days TOTAL

OSHRC 0 4 0 0 0 0 0 0 0 0 0 0 0 4

0

AGENCY 

OVERALL 0 4 0 0 0 0 0 0 0 0 0 0 0 4
VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

81-100 

Days

101-120 

Days

121-140 

Days

141-160 

Days

161-180 

Days

181-200 

Days

201-300 

Days

301-400 

Days

401+

Days TOTAL

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

0

AGENCY 

OVERALL 1 0 0 0 0 0 0 0 0 0 0 0 0 1
VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS

Agency / Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Number 

Pending

Median 

Number of 

Days

Average 

Number of 

Days

Number 

Pending

Median 

Number of 

Days

Average 

Number of 

Days

Number 

Pending

Median 

Number of 

Days

Average 

Number of 

Days

AGENCY OVERALL 0 N/A N/A 1 16 16 0 N/A N/A
VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

Agency / 

Component

10th 

Oldest 

Request

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

Request

Date of Receipt

Number of Days 

Pending

AGENCY 

OVERALL

Date of Receipt N/A N/A N/A N/A N/A N/A N/A N/A N/A2018-09-06

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 16
VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency / 

Component Number Granted Number Denied

Median Number of 

Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

Number 

Adjudicated 

Within Ten 

Calendar Days

AGENCY 

OVERALL 1 1 5 5 2
VIII.B. REQUESTS FOR FEE WAIVER

Agency / 

Component Number Granted Number Denied

Median Number of 

Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

AGENCY 

OVERALL 0 0 N/A N/A
IX. FOIA PERSONNEL AND COSTS

Agency / 

Component

PERSONNEL COSTS

Number of "FullTime FOIA 

Employees"

Number of 

"Equivalent FullTime FOIA 

Employees"

Total Number of 

"Full-Time FOIA 

Staff"

Processing Costs Litigation-Related 

Costs Total Costs

OSHRC 0 1.49 1.49 $207,800.18 $0.00 $207,800.18

0 $0.00

AGENCY 

OVERALL 0 1.49 1.49 $207,800.18 $0.00 $207,800.18
X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency / Component Total Amount of Fees 

Collected

Percentage of Total 

Costs

OSHRC $0.00 0.00%

AGENCY OVERALL $0.00 0.00%
XI.A. NUMBER OF TIMES SUBSECTION (C) USED

Agency / Component Number of Times Subsection Used

OSHRC 0

AGENCY OVERALL 0
XI.B. NUMBER OF SUBSECTION (A)(2) POSTINGS

Agency / Component

Number of Records 

Posted by the FOIA 

Office

Number of Records 

Posted by Program 

Offices

OSHRC 40 88

AGENCY OVERALL 40 88
XII.A. BACKLOGS OF FOIA REQUESTS AND ADMINISTRATIVE APPEALS

Agency / Component

Number of Backlogged 

Requests as of End of 

Fiscal Year

Number of Backlogged 

Appeals as of End of 

Fiscal Year

OSHRC 0 0

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

PENDING CONSULTATIONS

Agency / Component

Number of 

Consultations Received 

from Other Agencies 

that were Pending at the 

Agency as of Start

of the Fiscal Year

Number of

Consultations Received

from Other Agencies 

During the Fiscal Year

Number of 

Consultations Received 

from Other Agencies 

that were Processed by 

the Agency During the 

Fiscal Year

Number of 

Consultations Received 

from Other Agencies 

that were Pending at the 

Agency as of End

of the Fiscal Year

OSHRC 0 0 0 0

0

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

AND PENDING AT THE AGENCY

Agency / 

Component

10th Oldest 

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

Date

Number of Days

AGENCY 

OVERALL

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

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

REQUESTS RECEIVED AND PROCESSED

Agency / Component

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED

Number Received 

During Fiscal Year from 

Last Year's Annual 

Report

Number Received 

During Fiscal Year from 

Current Annual Report

Number Processed 

During Fiscal Year from 

Last Year's Annual 

Report

Number Processed 

During Fiscal Year from 

Current Annual Report

OSHRC 63 69 64 69

AGENCY OVERALL 63 69 64 69
XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT 

ANNUAL REPORT -- BACKLOGGED REQUESTS

Agency / Component

Number of Backlogged 

Requests as of End of the 

Fiscal Year from Previous 

Annual Report

Number of Backlogged 

Requests as of End of the 

Fiscal Year from Current 

Annual Report

OSHRC 0 0

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

REPORT -- APPEALS RECEIVED AND PROCESSED

Agency / Component

NUMBER OF APPEALS RECEIVED NUMBER OF APPEALS PROCESSED

Number Received 

During Fiscal Year from 

Last Year's Annual 

Report

Number Received 

During Fiscal Year from 

Current Annual Report

Number Processed 

During Fiscal Year from 

Last Year's Annual 

Report

Number Processed 

During Fiscal Year from 

Current Annual Report

OSHRC 0 1 0 1

AGENCY OVERALL 0 1 0 1
XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM 

PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS

Agency / Component

Number of Backlogged 

Appeals as of End of the 

Fiscal Year from Previous 

Annual Report

Number of Backlogged 

Appeals as of End of the 

Fiscal Year from Current 

Annual Report

OSHRC 0 0

AGENCY OVERALL 0 0