The U.S. Occupational Safety and Health Review Commission

OSHRC

FISCAL YEAR 2023

PERFORMANCE BUDGET AND JUSTIFICATION

March 2022
Table of Contents

Fiscal Year 2023

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 ........................................................................................................................ 4

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

Advancing Racial Equity and Support for Underserved Communities.................................... 5

III. APPROPRIATIONS LANGUAGE

Appropriations Language.......................................................................................................... 7

IV. PERFORMANCE BUDGET JUSTIFICATION BY ORGANIZATIONAL UNIT

Performance Budget Justification............................................................................................. 8

Administrative Law Judge Function......................................................................................... 9

Commission-Review Level Function ..................................................................................... 20

V. BUDGET BY OBJECT CLASSIFICATION CATEGORY

Object Classification Table..................................................................................................... 43

Budget Object Classification Detail........................................................................................ 44

VI. OTHER TABLES

Appropriation History............................................................................................................. 48

Authorized Full Time Positions by Function.......................................................................... 49
I. INTRODUCTION –

MISSION, VISION, AND

STRATEGIC GOALS
1

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 the Occupational Safety 

and Health Act, and employees and/or their representatives. The Review Commission was 

created by Congress as an agency completely independent of the Department of Labor to ensure 

that OSHA’s enforcement actions are carried out in accordance with the law and that 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 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 employee safety and health.

Vision Statement

The Review Commission strives to be:

1. An adjudicative body that is—and is recognized for being—objective, fair, prompt, 

professional, and respected. 

2. An agency that creates a body of law through its decisions that defines and clarifies the 

rights and responsibilities of employers and employees under the Act. 

3. A model federal agency with highly effective processes; a highly motivated, qualified,

and diverse workforce; and modern information management, communications, and 

administrative systems.

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

performance, service, and value to the American people.
2

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 and 

objectives and their associated measures in its Strategic Plan (fiscal years 2022 through 2026) 

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 

all pending cases.

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

consistent with due process requirements, seeking to enhance the transparency of its 

operations; 

3. Promoting diversity, equity, inclusion, accessibility, and organizational excellence, 

including a culture of professionalism, mutual respect, and 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.
II. BUDGET REQUEST

SUMMARY
3

Budget Request Summary

The Review Commission requests an appropriation of $15,449,000 to continue its mission of 

adjudicating OSHA-issued workplace safety and health citations, fund essential agency 

programs, support 63 full-time equivalent (FTE) positions, and maintain our electronic filing (efiling) system in fiscal year (FY) 2023. This request supports the goal in the Review 

Commission’s Strategic Plan to improve service to the public.

This funding request would also allow us to fulfill our statutory 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. The requested level of FTE positions will assist the Review Commission 

with handling an increased caseload resulting from OSHA’s Coronavirus Disease 2019 (COVID19) enforcement activity. OSHA issued a Revised National Emphasis Program (NEP) related to 

the COVID-19 pandemic on July 7, 2021. The purpose of the NEP is to ensure that “employees 

in high-hazard industries are protected from the hazard of contracting SARS-CoV-2.” The NEP 

directs OSHA to target worksites that have workers with increased potential exposure to this 

hazard. This increased enforcement effort requires that at least 5% of each OSHA region’s total 

inspections relate to COVID-19 (OSHA-wide this is approximately 1,600 total inspections). This 

rise in inspections is expected to elevate the number of contested cases docketed with the Review 

Commission and result in an increased workload.

Our FY 2023 estimated costs, which combined total $15,449,000, include:

• $11,743,150 to support direct payroll and related costs for 63 FTE positions. These costs 

are approximately 76 percent of the Review Commission’s budget request;

• $1,770,350 for office space rent;

• $445,500 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);

• $95,000 to support and maintain OSHRC’s e-filing system; and

• $1,395,000, 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.
4

E-Filing System

The Review Commission maintains an e-filing system that permits the electronic filing and 

service of litigation documents. The e-filing system supports both the complainant and the 

respondents’ as well as agency staff. It also 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 $40,000 for customized reporting and 

continued enhancements to the e-filing system.

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 the Department of Justice, the LAP was revised again in November 

2015. The current LAP has been implemented by OSHRC and a copy was forwarded to DOJ.

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 2023 budget request includes $10,000 to cover 

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

implementation of the Review Commission’s Language Access Plan also eliminates barriers for 

LEP individuals and underrepresented communities to access court proceedings.
5

Advancing Racial Equity and Support for Underserved Communities

The Review Commission is committed to ensuring compliance at all levels with orders and 

memoranda from the Executive Office of the President. Furthermore, the Chairman is dedicated 

to promoting equity both within the agency and at all points of interaction with the public we 

serve. The Chairman delegated authority and responsibility to internal leadership to undertake a 

thorough equity assessment as was directed under Executive Order (EO) 13985. Internal 

leadership is a part of the Equity Team and reports to the Chairman on progress being made to 

further advance equity within the Review Commission. Although the agency does not have a 

mandate for producing policy or assistance initiatives for public consumption, the Commission 

has identified opportunities to bolster affirmative equity-enhancing policies in the areas in which 

the agency interfaces with external and internal stakeholders.

The key areas we identified for our assessment of equitable access and treatment included

procurement, internal policy/directives/rules, electronic case management system, language 

access, adjudication process, and equity training.

Designated senior agency leadership identified opportunities to further equitable treatment in 

agency programs and actions. Agency leadership seeks to build an iterative system that ensures 

the Commission equitably implements current agency programs and policies and all future 

agency endeavors. Additionally, the agency formed a multi-level Equity Team to ensure the 

equity assessment addressed all agency programs and activities. Consequently, the Review 

Commission has implemented policies and process improvements in accordance with EO 13985.

As a small, independent federal agency, resource limitations will be the greatest hurdle to both 

assessment and implementation. Specifically, allocating personnel to effectively perform an 

equity assessment of all agency programs and functions has an outsized effect on agencies with a 

limited workforce like the Review Commission. Our multi-programmatic team of four 

individuals is about 6 percent of the agency’s total full-time equivalent positions. Similarly, the 

agency’s ability to implement programmatic changes that include process enhancements or 

alterations is limited by the availability of budgetary resources. Further, public facing

enhancements require significant capital investment in both implementation and training, which 

is typically not available within the limited funds allocated for the agency’s operation.

The Review Commission is committed to engaging with any underserved community that fits 

within the scope of the agency’s operations. Although the Commission is not primarily public 

facing, we have identified some external opportunities to promote equity.
III. APPROPRIATIONS

LANGUAGE 
7

FY 2023

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, 

$15,449,000.

Note—A full-year 2022 appropriation for this account was not enacted at the time the budget 

was prepared; therefore, the budget assumes this account is operating under the Continuing 

Appropriations Act, 2022 (Division A of P.L. 117-43, as amended). The amounts included for 

2022 reflect the annualized level provided by the continuing resolution.
IV. PERFORMANCE

BUDGET JUSTIFICATION

BY ORGANIZATIONAL

UNIT
8

Performance Budget Justification

The Review Commission has three main functions that operate in concert to achieve the agency’s 

overarching mission:

1. The Administrative Law Judge function;

2. The Commission-review level 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 are as follows:

FUNDING (IN MILLIONS) AND FTE POSITIONS BY FUNCTION

FY 2021

Actual

FY 2022

Continuing Resolution 

(CR)

FY 2023

Request

$ FTE $ FTE $ FTE

Administrative 

Law Judge 6.6 25 6.4 25 6.7 27

CommissionReview Level4.8 18 5.1 23 6.8 28

Executive Director 1.8 7 1.7 7 1.9 8

Total 13.2 50 13.2 55 15.4 63
9

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). Our ALJs 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 ALJ 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 ALJs

Presentation of an OSHA case before a Review Commission ALJ follows an established 

procedure 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. An employee and/or employee representative may challenge the abatement period by 

filing 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 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 ALJ 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.

ALJ Operations

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

and to strengthen its settlement procedures and case management responsibilities by constantly

monitoring its Simplified Proceedings and Mandatory Settlement Part 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 24,355 inspections in FY 2021 and estimates it will complete 31,400

inspections in FY 2022, and 33,790 inspections in FY 2023. Of particular importance over the 

last several years from the Review Commission’s resources perspective, the number of citations 

contested has remained high, resulting in docketing a high number of cases compared to 

historical averages. 

While there was a recent decrease in the number of docketed cases for fiscal years 2020 and 

2021 due to disruptions from the COVID-19 pandemic, we expect OSHA will perform additional 
10

inspections in response to the pandemic and as more workers return to worksites in person, 

which will affect the Review Commission’s workload over the next few years. OSHA issued an 

emergency temporary standard (ETS) to address healthcare workers’ exposure to COVID-19, 

effective June 21, 2021. Although the healthcare ETS has expired, OSHA is continuing to work 

on promulgating a permanent standard. OSHA’s enforcement activity likely increased due to the 

ETS, and if a permanent standard is finalized, additional enforcement activity is also likely. This, 

in turn, will likely lead to more contested cases docketed with the Review Commission. 

Additionally, on July 7, 2021, OSHA issued a Revised National Emphasis Program (NEP) to 

ensure that “employees in high-hazard industries are protected from the hazard of contracting 

SARS-CoV-2.” The Revised NEP directs OSHA to target worksites that have workers with 

increased potential exposure to this hazard. This increased enforcement effort requires that 5% of 

each OSHA region’s total inspections relate to COVID-19 (OSHA-wide this is approximately 

1,600 total inspections). We expect this rise in inspections to elevate the number of contested 

cases docketed with the Review Commission and result in an increased workload.

In addition to the high number of contested cases that we estimate to result from OSHA’s penalty 

increases and its enhanced COVID-19 enforcement, OSHA’s emphasis in recent years on serious 

workplace hazards 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 management, construction industry hazards, etc.). Accordingly, 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, as noted above, OSHA has increasingly

focused its attention on encouraging more resource and time-intensive high-impact inspections

focused on serious workplace hazards. Second, the Department of Labor’s Office of the Solicitor

is leveraging litigation resources and focusing less on high volume in favor of high-impact 

strategic cases. The increase in the complexity of cases requires additional Review Commission

resources because ALJs 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.
11

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. Our Mandatory Settlement Part was deemed a success by Indiana University in 2013. See

https://www.oshrc.gov/assets/1/6/IU_Final_Report.pdf - “Dispute Resolution in the 

Administrative Process: Evaluation of the Occupational Safety and Health Review Commission 

Settlement Part Program. The Mandatory Settlement Part has been an important tool in avoiding 

a backlog of cases at the ALJ level. Furthermore, the Review Commission has ensured that 

training and regular continuing legal education in mediation and dispute resolution is provided to 

every ALJ who is expected to serve as a Settlement Judge as reflected in our performance goal in 

our Strategic Plan for FYs 2022 – 2026.

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

parties consent, the Chief ALJ 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 $205,000 or greater, the Mandatory Settlement Part 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 is assigned to a different ALJ for trial).

The Simplified Proceedings process includes cases in which the total proposed penalty is not 

more than $20,000, or up to $30,000 when found eligible by the Chief ALJ. The 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 are 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, is 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.

Thirteen percent of new cases were assigned to Simplified Proceedings in FY 2021. The Review 

Commission projects that approximately 29 percent of new cases will be assigned to the 

Simplified Proceedings process in FYs 2022 and 2023.
12

Simplified Proceedings Case Activity

FYs 2018 through 2023

FY

2018 

Actual

FY

2019

Actual

FY

2020

Actual

FY

2021

Actual

FY 

2022

Estimate

FY

2023

Estimate

New Cases 2,144 2,017 1,845 1,365 2,020 2,100

Cases 

Assigned to 

Simplified 

Proceedings

649 550 470 178 600 600

Anticipated ALJ Workload for FY 2023

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 and effort required,

and complexity of cases assigned to the Mandatory Settlement Part 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, high hazard workplace inspections – especially those with high injury and 

illness rates, fatalities, repeat offenders, and egregious violations – 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. Additionally, these 

cases tend to result in larger contestable proposed penalties, which leads to more cases being 

contested. Moreover, OSHA’s emphasis on COVID-19 related inspections will likely lead to 

additional cases raising complex and novel issues.
13

ALJ Workloads

The following table provides actual ALJ workloads for FYs 2018 through 2021 and estimated 

workloads for FYs 2022 and 2023.

FY 2018

Actual

FY 2019

Actual

FY 2020

Actual

FY 2021

Actual

FY 2022

Estimate

FY 2023

Estimate

OSHA 

Inspections1: 32,020 33,401 21,674 24,355 31,400 33,790

Administrative Law Judge Workload:

A. Case Inventory,

Start of Year 1,129 1,064 1,248 1,259 1,201 1,326

B. New Cases 2,144 2,017 1,845 1,365 2,020 2,100

C. Total Caseload 3,273 3,081 3,093 2,624 3,221 3,426

D. Disposals

(1) With 

Hearing 38 35 44 14 35 45

(2) Mandatory 

Settlement 

Conferences

45 35 28 59 60 60

(3) Without 

Hearing 2,126 1,763 1,762 1,350 1,800 1,950

E. Total

 Dispositions 2,209 1,833 1,834 1,423 1,895 2,055

Total Case 

Inventory, 

End of Year 1,064 1,248 1,259 1,201 1,326 1,371

1

Provided by OSHA
14

Staffing

The OCALJ requires 27 FTE positions in FY 2023 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 complexity of cases increases the time required to resolve cases at the ALJ level. Factors 

leading to the increased complexity of cases include the Office of the Solicitor’s decision to 

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

strategic cases. Processing complex cases requires the ALJs to invest a greater amount of time in 

handling the matters and places an increased demand on the FTE positions assigned to handle the 

cases. This request supports the goal in the Review Commission’s Strategic Plan for FYs 2022 –

2026 to improve service to the public.

The Chief ALJ manages the effort to meet the agency’s goals at the ALJ level including:

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

and assigns each case to an ALJ; 

• 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 POSITIONS BY FUNCTION

FY 2021 Actual FY 2022 CR FY 2023 Request

$ FTE $ FTE $ FTE

Administrative 

Law Judge 

Function 6.6 25 6.4 25 6.7 27
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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 FYs 2022 – 2026. The revised plan focuses on four goals: (1) Promptly and fairly resolving the 

cases before it, including reducing the average age of all pending cases; (2) To the extent 

consistent with the agency’s statutory authority and responsibilities, and consistent with due 

process requirements, seeking to enhance the transparency of its operations; (3) Promoting

diversity, equity, inclusion, accessibility, and organizational excellence, including a culture of 

professionalism, mutual respect, and 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. It also identifies 

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

Plan includes the following goals and outcomes related to this function:

Public Service Goal Outcome Goals

Promptly and fairly 

resolving the cases

before it, including 

reducing the average 

age of all pending 

cases.

• 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.2

• Provide training for all agency personnel, including ALJs and 

Commission members, on diversity, equity, inclusion, and 

accessibility considerations in the workplace and in interacting 

with and serving the public.

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. 

2

Complex cases have one or more of the following characteristics: various intricacies of the law; more 

than two parties; violations characterized as willful and/or repeat; high 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); 

multiple days of hearing; high number of alleged violations, citation items (including distinct and separate 

items), and affirmative defenses; technical, difficult or new standards raised; novel issues or issues of first 

impression; or extensive pre-trial discovery.
16

3. Closely monitor the management of cases and improve case management information 

systems and reports.

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

disposition of such cases.

5. Provide training to all ALJs 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. In addition, provide ALJs and 

support staff with training on diversity, equity, inclusion, and accessibility 

considerations in the workplace and in interacting with and serving the public.

6. Continue to use a team of ALJs 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 FYs 2019 through 2023:

Outcome 

Goals

Performance

Measures

FY

2019

Actual

(Target)

FY 

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

Develop and 

implement 

case 

management 

practices that 

will 

minimize the 

average age 

of all 

pending ALJ 

level cases.

Whether new 

case 

management 

practices have 

been developed 

and 

implemented.

95% of all 

pleadings 

received in 

our electronic 

filing system 

were initiated 

electronically.

Target not 

met

(100% of all 

pleadings 

received in 

our electronic 

filing system 

would have 

been initiated 

electronically)

98% of cases 

received in 

our e-file 

system as a 

result of 

scheduling 

orders 

directing efiling and the 

implementation of 

mandatory 

e-filing in 

June 2019.

Target not 

met

(100% of all 

pleadings 

received in 

our electronic 

filing system 

would have 

been initiated 

electronically)

98% of cases 

received in 

our e-file 

system as a 

result of 

scheduling 

orders 

directing efiling and the 

implementation of 

mandatory 

e-filing in 

June 2019.

Target not 

met

(100% of all 

pleadings 

received in 

our electronic 

filing system 

would have 

been initiated 

electronically)

100% of all 

pleadings 

received in our 

electronic filing 

system would 

have been 

initiated 

electronically.

100% of all 

pleadings 

received in our 

electronic filing 

system would 

have been 

initiated 

electronically.
17

Outcome 

Goals

Performance

Measures

FY

2019

Actual

(Target)

FY 

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

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

-Percent of 

simplified cases 

disposed of 

within one year 

at ALJ level.

-Percent of 

conventional 

cases disposed 

of within 17 

months at ALJ 

level.

-Percent of 

settlement part 

cases disposed 

of within 19 

months at ALJ 

level.

-Percent of 

complex cases 

disposed of 

within 20 

months at ALJ 

level.

96%

Target met

(Dispose of 

95% of 

simplified 

cases within 

one year.)

95%

Target met

(Dispose of 

90% of 

conventional 

cases within 

17 months.)

93%

Target not 

met

(Dispose of 

95% of 

settlement part 

cases within 

19 months.)

85%

Target not 

met

(Dispose of 

95% of 

complex cases 

within 20 

months.)

97%

Target met

(Dispose of 

95% of 

simplified 

cases within 

one year.)

96%

Target met

(Dispose of 

90% of 

conventional 

cases within 

17 months.)

96%

Target met

(Dispose of 

95% of 

settlement part 

cases within 

19 months.)

94%

Target not 

met

(Dispose of 

95% of 

complex cases 

within 20 

months.)

94%

Target not 

met

(Dispose of 

95% of 

simplified 

cases within 

one year.)

93%

Target met

(Dispose of 

90% of 

conventional 

cases within 

17 months.)

95%

Target met

(Dispose of 

95% of 

settlement part 

cases within 

19 months.)

89%

Target not 

met

(Dispose of 

95% of 

complex cases 

within 20 

months.)

New targets

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

New targets

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

3

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

Executive Secretary, ALJs 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.
18

Outcome 

Goals

Performance

Measures

FY

2019

Actual

(Target)

FY 

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

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.4

-Percent of 

simplified cases 

disposed of 

within one year 

at the ALJ level.

-Percent of noncomplex 

conventional 

cases disposed 

of within 17 

months at the 

ALJ level.

-Percent of 

settlement part 

cases disposed 

of within 19 

months.

-Percent of 

complex cases 

disposed of 

within 20 

months at the 

ALJ level.

New targets

developed to 

support the

Strategic Plan

for FYs 2022 

– 2026.

New targets

developed to 

support the

Strategic Plan

for FYs 2022 

– 2026.

New targets

developed to 

support the

Strategic Plan

for FYs 2022 

– 2026.

-Dispose of 90 

percent of 

simplified cases 

within one year.

-Dispose of 95 

percent of 

conventional 

cases within 17 

months.

-Dispose of 95 

percent of 

settlement part 

cases within 19 

months.

-Dispose of 85 

percent of 

complex cases 

within 20 

months.

-Dispose of 90 

percent of 

simplified cases 

within one year.

-Dispose of 95 

percent of 

conventional 

cases within 17 

months.

-Dispose of 95 

percent of 

settlement part 

cases within 19 

months.

-Dispose of 90 

percent of 

complex cases 

within 20 

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.
19

Outcome 

Goals

Performance

Measures

FY

2019

Actual

(Target)

FY 

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

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.

Increased 

attendance and 

participation in 

training 

opportunities, 

internal and/or 

external, for 

ALJs and all 

attorneys and 

support staff.

Training 

opportunities 

were provided 

to all ALJs, 

attorneys, and 

support staff. 

Attorneys 

attended live 

hearings for 

professional 

growth.

Target met

(Attendance 

and 

participation 

in at least one 

training 

opportunity 

devoted to 

management 

of electronic 

documents 

prior to and 

during 

hearings (i.e., 

e-filing, 

electronic 

discovery, or 

electronic 

exhibits.))

Training 

opportunities 

were provided 

to all ALJs, 

attorneys, and 

support staff. 

Target met

(Attendance 

and 

participation 

in at least one 

training 

opportunity 

devoted to 

management 

of electronic 

documents 

prior to and 

during 

hearings (i.e., 

e-filing, 

electronic 

discovery, or 

electronic 

exhibits.))

Training 

opportunities 

were provided 

to all ALJs, 

attorneys, and 

support staff. 

Target met

(Attendance 

and 

participation 

in at least one 

training 

opportunity 

devoted to 

management 

of electronic 

documents 

prior to and 

during 

hearings (i.e., 

e-filing, 

electronic 

discovery, or 

electronic 

exhibits.))

Attendance and 

participation in 

at least one 

training 

opportunity 

devoted to 

management of 

electronic 

documents 

prior to and 

during hearings 

(i.e., e-filing, 

electronic 

discovery, or 

electronic 

exhibits).

Attendance and 

participation in 

at least one 

training 

opportunity 

devoted to 

management of 

electronic 

documents prior 

to and during 

hearings (i.e., efiling, electronic 

discovery, or 

electronic 

exhibits).
20

Commission-Review Level Function

OSHRC’s Commission members are appointed by the President and confirmed by the Senate, 

and they serve as an appellate level of review. The Commission members 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

Disputed enforcement proceedings are tried initially before the Review Commission’s ALJs. 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 ALJ. 

Absent such a direction for review, the ALJ’s decision becomes 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 ALJ’s findings of fact, 

conclusions of law, penalty assessments, and abatement orders.

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

pending matters, determining 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 votes on how to decide 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 

matters.

The Commission function also includes the work of the Commission’s Office of the Executive 

Secretary, which is responsible for docketing 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-Review Level Operations

The Commissioners strive to minimize the time expended 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; and (2) the size and complexity 

of cases, including the novelty of the issues presented for review.

The Act requires a quorum of two Commissioners to take official action, therefore 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 
21

to reach agreement sufficient to dispose of some cases. In cases in which such agreement cannot 

be reached, deadlocks may result, and action on important issues and issuance of some pending 

decisions may be delayed.

The Commission-review level operated without a full complement of Commissioners for six 

months in FY 2021. Nevertheless, the Commission-review level resolved 15 cases and met all

four of its GPRA goal targets by the end of FY 2021. The Commission-review level has 

continued to operate with only two Commissioners into FY 2022.

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. And more cases before the ALJs can translate into more cases at the Commission 

Review-level. In addition, OSHA’s emphasis during recent years on more serious workplace 

hazards as well as the increase in proposed penalties has translated to more contested cases, more 

complex cases and longer, more costly trials. Consequently, the complexity and size of the cases 

at the ALJ and Commission-review levels have increased significantly in recent years.

Anticipated Commission-Review Level Workload for FY 2023

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

older cases to reduce case inventory. However, because of an increase in the number and 

complexity of cases that go to hearings before the Review Commission’s ALJs (e.g., imposition 

of higher penalties, and/or more complex technical issues), the result may be that parties petition 

for review in a higher percentage of cases.

In FY 2021, the Commission had 23 cases pending on its docket at the beginning of the year. It 

received 8 new cases and resolved 15 cases by year-end. Thus, the Commission entered FY 2022

with 16 cases pending review. During FY 2022, the Commission estimates receiving 17 new 

cases and resolving 18 cases, ending FY 2022 with 15 cases pending review. For FY 2023, the 

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

an inventory of 15 cases.
22

Commission-Review Level Case Activity

FY 2018

Actual

FY 2019

Actual

FY 2020

Actual

FY 2021

Actual

FY 2022

Estimate

FY 2023

Estimate

New Cases:

Cases 

Directed for 

Review: 14 8 22 8 15 13

Other New 

Cases:

Interlocutory 

Appeals: 0 0 2 0 0 0

Remands: 2 2 5 0 2 2

Other: 0 0 0 0 0 0

Total Other 

New Cases: 2 2 7 0 2 2

Total New 

Cases: 16 10 29 8 17 15

Case 

Inventory 

from Prior 

Year:

29 22 19 23 16 15

Total Caseload: 45 32 48 31 33 30

Dispositions: 23 13 25 15 18 15

Case Inventory, 

End of Year: 22 19 23 16 15 15
23

Staffing

The Commission-review function requires 28 FTE positions in FY 2023. 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.

FUNDING (IN MILLIONS) AND FTE POSITIONS BY FUNCTION

FY 2021 Actual FY 2022 CR FY 2023 Request

$ FTE $ FTE $ FTE

CommissionReview Level 

Function 4.8 18 5.1 23 6.8 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 FY 2022 through FY 2026. The revised plan focuses on four goals: (1) 

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

pending cases; (2) To the extent consistent with the agency’s statutory authority and 

responsibilities, and consistent with due process requirements, seeking to enhance the 

transparency of its operations; (3) Promoting diversity, equity, inclusion, accessibility, and 

organizational excellence, including a culture of professionalism, mutual respect, and 

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. It also identifies innovative and comprehensive strategies to 

achieve strategic goals and objectives. The Review Commission’s Strategic Plan for FYs 2022 –

2026 includes the following goals and outcomes related to this function:
24

Public Service 

Goal Outcome Goals5

Promptly and 

fairly 

resolving the 

cases before 

it, including 

reducing the 

average age of 

all pending 

cases.

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

6

• Develop and implement case management practices that will 

minimize the average age of all pending Commission reviewlevel cases.

• Reduce the average age of all Commission review-level cases to 

18 months from direction for review.

7

• Ensure that no more than 20 percent of Commission review-level 

cases are older than two years and ensure that no cases are older

than three years in age from direction for review.

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 the 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 FRCP 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, technology and case management, diversity, equity, inclusion, and 

accessibility considerations in the workplace, and in interacting with and serving the 

public.

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

strategic and annual performance plans.

5

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

or prosecutions are being pursued.

6

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 time frame will be tolled.

7

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. See additional “External Factors” on page 13 of the Strategic Plan.
25

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

The following are the performance goals for the Commission for FYs 2019 through 2023:

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual*

(Target)

FY

2022

(Target)

FY

2023

(Target)

Resolve all 

priority cases 

at the agency 

in a timely 

manner.

Percent of 

priority cases 

disposed of 

within 6 

months.

100%

Target met

(100%)

100%

Target met

(100%)

100%

Target met

(100%)

Dispose of 

100 percent of 

all priority 

cases within 6 

months of 

designation.

Dispose of 

100 percent of 

all priority 

cases within 6 

months of 

designation.

Develop and 

implement 

case 

management 

practices that 

will minimize 

the average 

age of all 

pending 

Commission 

review-level 

cases.

Whether case 

management 

practices have 

been developed 

and 

implemented.

Case 

management 

practices were 

developed and 

assessed.

Target met

(Develop new 

case 

management 

practices.)

New case 

management 

practices were 

implemented.

Target met

(Implement 

new case 

management 

practices.)

Implementation of case 

management 

practices were 

evaluated.

Target met

(Evaluate 

implementation of case 

management 

practices.)

Full 

implementation of case 

management 

practices.

Full 

implementation of case 

management 

practices.

Reduce the 

average age 

of all pending 

Review-level 

cases to 20 

months from 

direction for 

review.

Average age of 

all pending 

Review-level 

cases.

Average age 

of all Reviewlevel cases 

reduced to 26 

months.

Target not 

met

(Average age 

of all Reviewlevel cases 

reduced to 24 

months.)

Average age 

of all Reviewlevel cases 

reduced to 14 

months.

Target met 

(Average age 

of all Reviewlevel cases 

reduced to 22 

months.)

Average age 

of all Reviewlevel cases 

reduced to 15 

months.

Target met 

(Average age 

of all Reviewlevel cases 

reduced to 20

months.)

New goal

developed to 

support the

Strategic Plan

for FYs 2022 

– 2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 

– 2026.
26

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual*

(Target)

FY

2022

(Target)

FY

2023

(Target)

Reduce the 

average age 

of all 

Commission 

review-level 

cases to 18 

months from 

direction for 

review.

Average age of 

all pending 

Commission 

review-level 

cases.

New goal 

developed to 

support the 

FY 2022 – FY 

2026 Strategic 

Plan.

New goal 

developed to 

support the 

FY 2022 – FY 

2026 Strategic 

Plan.

New goal 

developed to 

support the 

FY 2022 – FY 

2026 Strategic 

Plan.

Average age 

of all pending 

Commission 

review-level 

cases reduced 

to 22 months.

Average age 

of all pending 

Commission 

review-level 

cases reduced 

to 21 months.

Reduce the 

number of 

Review-level 

cases over 

two years in 

age.

Percent 

reduction in the 

number of 

Review-level 

cases over two 

years in age.

Share of 

Review-level 

cases over two 

years in age 

was 55% of 

all cases.

Target not 

met

(Reduce the 

share of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

33% of all 

cases.)

Share of 

Review-level 

cases over two 

years in age 

was 25% of 

all cases.

Target met

(Reduce the 

share of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

25% of all 

cases.)

Share of 

Review-level 

cases over two 

years in age 

was 19% of 

all cases.

Target met

(Reduce the 

share of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

20% of all 

cases.)

New goal

developed to 

support the

Strategic Plan

for FYs 2022 

– 2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 

– 2026.

Ensure that 

no more than 

20 percent of 

Commission 

review-level 

cases are 

older than 

two years and 

ensure that no 

cases are 

older than 

three years 

from 

direction for 

review

-Percent 

reduction in the 

number of 

Review-level 

cases over two 

years in age.

-Reduction in 

total number of 

Commission 

review-level 

cases exceeding 

three years in 

age.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 

– 2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 

– 2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 

– 2026.

-Reduce the 

percent of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

20% of all 

cases.

-Reduce the 

number of 

Commission 

review-level 

cases 

exceeding 

three years to 

zero.

-Reduce the 

percent of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

20% of all 

cases.

-Reduce the 

number of 

Commission 

review-level 

cases 

exceeding 

three years to 

zero.
27

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 (IT) 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 OEXD Workload for FY 2023

During FY 2023, 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;
28

• 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 Knowledge Management practices to ensure that employees are better 

prepared to perform their work and to provide for continuity and succession planning; 

and

• Review IT programs to determine ways to achieve cost savings.

During the past few fiscal years, the Review Commission has made great strides with improving 

the quality of its web-based transparency initiatives, including enhancing its website to make 

more information available to internal and external stakeholders, and undertaking other activities 

in support of our mission. We will continue these efforts in FYs 2022 and 2023.

In FY 2016, the e-filing system was deployed and fully implemented. Since that time, we have 

continued to enhance and customize the e-filing system to better support the user community. 

This budget request includes $95,000 for continued support ($55,000 for licensing/hosting and 

$40,000 for enhancements) of the e-filing system. Effective management of this e-filing system 

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

efficiency in its case management practices.

Staffing

The Executive Director function requires 8 FTE positions in FY 2023. 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.
29

FUNDING (IN MILLIONS) AND FTE POSITIONS BY FUNCTION

FY 2021

Actual

FY 2022

CR

FY 2023

Request

$ FTE $ FTE $ FTE

Executive Director

Function 1.8 7 1.7 7 1.9 8

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 FY 2022 through FY 2026. The revised plan focuses on four goals: (1) 

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

pending cases; (2) To the extent consistent with the agency’s statutory authority and 

responsibilities, and consistent with due process requirements, seeking to enhance the 

transparency of its operations; (3) Promoting diversity, equity, inclusion, accessibility, and 

organizational excellence, including a culture of professionalism, mutual respect, and 

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. It also identifies innovative and comprehensive strategies to 

achieve strategic goals and objectives. The Review Commission’s Strategic Plan for FYs 2022 –

2026 includes the following goals and outcomes related to this function:

Public Service Goal Outcome Goals

To the extent 

consistent with the 

agency’s statutory 

authority and 

responsibilities, and 

consistent with due 

process requirements, 

seeking to enhance the 

transparency of its 

operations.

• Ensure that the agency’s website provides equitable 

access to all users and serves as a useful repository for 

information about the agency and its adjudicatory 

activities.

• Broaden the agency’s outreach activities to the regulated 

community.

• Ensure that the agency’s electronic filing (e-filing) system 

provides equitable access to all users.
30

Promoting diversity, 

equity, inclusion, 

accessibility, and 

organizational 

excellence, including a 

culture of 

professionalism, 

mutual respect, and 

organizational pride, 

and ensuring that staff 

members are 

adequately trained.

• Recruit, invest in, and value all employees through 

professional development, workplace flexibilities, fair 

treatment, and recognition.

• Provide training for all agency personnel, including ALJs 

and Commission members, on diversity, equity, inclusion, 

and accessibility considerations in the workplace and in 

interacting with and serving the public.

• Ensure that all agency personnel are aware of the 

agency’s mission and how they contribute to its 

accomplishments.

• Provide training opportunities to all agency personnel, 

including ALJs and Commission members. In particular, 

provide training to all attorneys and support staff in order 

to enhance their capabilities on technical and legal issues, 

legal writing, ethics, and technology and case 

management.

• Integrate knowledge management processes into a plan to 

capture, share, and generate knowledge that establishes a 

unified network of personnel, processes, and technology 

to enhance all aspects of essential agency operations.

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.

• Develop and present an annual budget and performance 

plan that clearly establishes how the agency 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.

• Maintain and enhance secure electronic information 

systems for case management, legal research, public 

access to data through the internet, and continuity of the 

agency’s operations at all times.

• Conduct all internal and external agency business in an 

ethical and timely manner.
31

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 agency 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 Limited English Proficiency (LEP) 

individuals and posting procedural decisions and non-dispositive orders on the

agency’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, familyfriendly policies, and wellness programs.

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

and inclusive workforce.

5. Enhance employee development and learning opportunities by devoting available 

budgetary resources to staff training including courses on diversity, equity, inclusion, 

and accessibility considerations in the workplace and in interacting with and serving 

the public.

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 all 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 policies. Ensure that FISMA audits are performed annually.

9. Implement knowledge management practices to ensure that knowledge affecting 

essential agency programs and operations is captured, shared, and generated on a 

continuous basis.
32

The following are the OEXD performance goals for FYs 2019 through 2023:

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

Ensure that the 

Review 

Commission’s 

website is 

accessible to 

people with 

disabilities and 

serves as a 

useful 

repository for 

information 

about the 

agency and its 

adjudicatory 

activities.

Timeliness of 

postings to 

agency website.

Materials were 

posted to the 

agency’s website 

within one day 

after issuance.

Target met

(All material 

posted no later 

than 5 days after 

issuance.)

Materials were 

posted to the 

agency’s website 

within one day 

after issuance.

Target met

(All material 

posted no later 

than 4 days after 

issuance.)

Materials were 

posted to the 

agency’s 

website within 

one day after 

issuance.

Target met

(All material 

posted no later 

than 4 days 

after issuance.)

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

Ensure that the 

agency’s 

website 

provides 

equitable 

access to all 

users and 

serves as a 

useful 

repository for 

information 

about the 

agency and its 

adjudicatory 

activities.

-Timeliness of 

postings to 

agency website.

-Perform annual 

vendor-initiated 

review of the 

agency’s 

webpage for 

compliance with 

Section 508 of 

the Americans 

with Disabilities 

Act.

New goal

developed to 

support the

Strategic Plan for 

FYs 2022 –

2026.

New goal

developed to 

support the

Strategic Plan for 

FYs 2022 – 2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

-All material to 

be posted no 

later than 4 

days after 

issuance.

-Conduct 

periodic

reviews of the 

agency’s 

website to seek 

alternative 

methods for 

ensuring 

equitable 

access to all 

users.

-All material to 

be posted no 

later than 3 

days after 

issuance.

-Research 

opportunities 

for developing 

a mobile 

version of the 

agency’s 

website to 

optimize access 

using 

smartphones or 

similar mobile 

devices.
33

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

Broaden the 

Review 

Commission’s 

outreach 

activities to 

the regulated 

community.

-Participation in 

professional 

conferences and 

meetings and 

strategic 

engagement with 

the regulated 

community.

-Creation of 

electronic 

subscription 

service.

Alert service on 

the agency’s 

website was 

utilized and 

monitored for 

purposes of 

engaging the 

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.

-Monitor the use 

of alert service 

used to engage 

the public.)

Continued to 

utilize and 

monitor the alert 

service on the 

agency’s website 

to engage the 

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.

-Monitor the use 

of alert service 

used to engage 

the public.)

Continued to 

utilize and 

monitor the 

alert service on 

the agency’s 

website to

engage the 

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.

-Monitor the 

use of alert 

service used to 

engage the 

public.)

-Increased 

participation in 

at least one 

activity or 

meeting that 

promotes

strategic 

engagement to 

disseminate 

information 

including 

trends and 

services (e.g., 

LEP) provided 

by the agency.

-Research 

additional 

social media 

outlets to 

notify and 

engage with 

internal and 

external users.

-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.

-Utilize social 

media outlets 

to notify and 

engage with 

internal and 

external users.

Ensure that the 

agency’s 

electronic 

filing (e-filing) 

system 

provides 

equitable 

access to all 

users.

Monitor monthly 

maintenance 

activities 

performed by 

application host.

New goal

developed to 

support the

Strategic Plan for 

FYs 2022 –

2026.

New goal

developed to 

support the

Strategic Plan for 

FYs 2022 – 2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

-Make needed 

enhancements 

to the e-filing 

system based 

on feedback 

received from 

users.

-Provide 

annual training

for internal 

users.

Conduct an 

annual audit of 

the agency’s

e-filing system

to ensure

compliance 

with Section 

508 of the 

Americans 

with 

Disabilities 

Act.
34

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-7158

guidance.

-Agency 

directives 

pertaining to 

workplace 

flexibilities were 

updated.

-Devoted 

budgetary 

resources to 

training.

-Reviewed 

performance 

management 

directives and 

established new 

critical element 

for supervisors.

Target met

(-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.))

-Agency 

directives 

pertaining to 

workplace 

flexibilities were 

updated.

-Devoted 

budgetary 

resources to 

training.

-Reviewed 

performance 

management 

directives.

Target met

(-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.))

-Agency 

directives 

pertaining to 

workplace 

flexibilities 

were updated.

-Devoted 

budgetary 

resources to 

training.

-Reviewed 

performance 

management 

directives.

Target met

(-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.))

-Conduct an

annual review 

of the agency’s 

performance 

management 

systems to 

ensure they 

align with the 

agency’s 

revised 

strategic plan.

-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 increasing 

budgetary

resources for 

training.

-Annually 

review and/or 

update agency 

directives 

pertaining to 

workplace 

flexibilities 

(e.g., hours of 

work, 

telework.)

8

Equal Employment Opportunity (EEO) Management Directive 715 – Reporting Requirement for Federal Agencies.
35

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

Provide 

training for all 

agency 

personnel, 

including 

ALJs and 

Commission 

members, on 

diversity, 

equity, 

inclusion, and 

accessibility 

considerations 

in the 

workplace and 

in interacting 

with and 

serving the 

public.

Develop, review, 

and update 

training 

materials to 

educate staff on 

diversity, equity, 

inclusion, and 

accessibility 

considerations 

both in the 

workplace and 

while interacting 

with and serving 

the public.

New goal

developed to 

support the

Strategic Plan for 

FYs 2022 –

2026.

New goal

developed to 

support the

Strategic Plan for 

FYs 2022 – 2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

Identify 

training 

opportunities 

for staff that 

promote 

diversity, 

equity, 

inclusion, and 

accessibility

considerations 

in the 

workplace and 

in interacting 

with and 

serving the 

public.

Provide annual 

training for all 

staff to 

advance 

diversity, 

equity, 

inclusion, and 

accessibility.
36

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

Integrate 

knowledge 

management 

processes into 

a plan to 

capture, share, 

and generate 

knowledge 

that establishes 

a unified 

network of 

personnel, 

processes, and 

technology to 

enhance all 

aspects of 

essential 

agency 

operations.

-Conduct 

periodic 

knowledge 

management 

audits to identify 

sources of 

knowledge and 

“at risk” 

knowledge 

gaps.9

-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.

New goal

developed to 

support the

Strategic Plan for 

FYs 2022 –

2026.

New goal

developed to 

support the

Strategic Plan for 

FYs 2022 – 2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

-Identify gaps 

in essential 

agency 

programs.

-Develop a 

knowledge 

management 

subject matter 

index list to 

serve as a 

resource to 

staff. 

-Use the 

performance 

planning 

process to 

reflect the 

value of 

rewarding 

employees for 

creating, using, 

and sharing 

knowledge.

-Knowledge 

gaps in 

essential 

agency 

programs are 

identified and 

addressed 

through an ongoing annual 

evaluation. 

-Perform an 

annual audit to 

ensure that IT

is aligned with 

the needs of the 

agency’s 

personnel and 

processes. 

-Use of the 

performance 

planning 

process to 

reflect the 

value of 

rewarding 

employees for 

creating, using, 

and sharing 

knowledge.

9

Areas identified as potential “at risk” knowledge gaps include programs and functions where a subject 

matter expert is eligible to leave the agency (through retirement or career transition) in one to three years 

and no backup expert has been identified to assume the duties and responsibilities vacated. 
37

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

Develop and 

present an 

annual budget 

and 

performance 

plan that 

clearly 

presents how 

the 

organization 

will 

accomplish 

governmentwide 

management 

priorities, 

agency-wide 

goals, and 

organizational 

goals.

System that links 

resources to 

specific 

activities that 

support 

measurable 

programmatic 

outcomes and 

objectives.

Aligned budget 

with agency 

program goals to 

efficiently 

accomplish 

mission.

Target met

(Align budget 

with agency 

program goals to 

efficiently 

accomplish 

mission (e.g., 

program, human 

capital, 

procurement, IT 

infrastructure, 

space, and 

facilities.))

Aligned budget 

with agency 

program goals to 

efficiently 

accomplish 

mission.

Target met

(Align budget 

with agency 

program goals to 

efficiently 

accomplish 

mission (e.g., 

program, human 

capital, 

procurement, IT 

infrastructure, 

space, and 

facilities.))

Aligned budget 

with agency 

program goals 

to efficiently 

accomplish 

mission.

Target met

(Align budget 

with agency 

program goals 

to efficiently 

accomplish 

mission (e.g., 

program, 

human capital, 

procurement, 

IT 

infrastructure, 

space, and 

facilities.))

Align the 

budget with 

agency 

program goals 

to efficiently 

accomplish its

mission (e.g., 

program, 

human capital, 

procurement, 

IT 

infrastructure, 

space, and 

facilities).

Implementation of a 

measurement 

system to 

assess and 

report on 

progress of 

financial 

management 

improvements 

and budget 

integration 

management 

reforms.
38

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

Ensure that 

employees are 

aware of the 

agency’s 

mission and 

how they 

contribute to 

its accomplishments.

Communicate 

significant 

organizational 

accomplishments with staff.

-Routine staff 

meetings were 

conducted.

-Annual Federal 

Employee 

Viewpoint 

Survey results 

were analyzed.

Target met

(-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.)

-Routine staff 

meetings were 

conducted.

-Annual Federal 

Employee 

Viewpoint Survey 

results were 

analyzed.

Target met

(-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.)

-Routine staff 

meetings were 

conducted.

-Annual 

Federal 

Employee 

Viewpoint 

Survey results 

were analyzed.

Target met

(-Communicate 

significant 

organizational 

accomplishmen

ts with staff 

during allhands 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 allhands 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 allhands staff 

meetings and 

during 

supervisory/

employee 

meetings.

-Enhance the 

agency’s 

orientation 

program for 

new employees 

to provide 

materials about 

the agency’s 

mission and 

how 

individuals can 

contribute to its 

accomplishments.

-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.
39

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(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.

-Enhanced the 

Office 365 

licensing 

model.

-Upgraded the

remote access 

application 

(Citrix

environment).

-Upgraded the 

speed of the 

agency’s Wide 

Area Network 

circuits.

-Introduced

Adobe 

Acrobat Pro 

2017.

Target met

(-Reduce 

physical 

servers 

through 

virtualization.

-Reduce the 

number of 

operating 

systems in use.

-Increase 

bandwidth for 

migration to 

cloud 

efficiencies.)

-Updated 

existing server 

infrastructure.

-Began moving 

server systems 

to the cloud 

and expanding 

existing data 

circuits to 

accommodate 

increased 

bandwidth 

usage.

Target met

(-Reduce 

physical 

servers through 

virtualization.

-Reduce the 

number of 

operating 

systems in use.

-Increase 

bandwidth for 

migration to 

cloud 

efficiencies.)

-Reduced the 

number of 

physical 

servers and 

operating 

systems in use 

by agency 

personnel. 

-Explored and 

implemented 

measures to 

expand 

bandwidth for 

the agency.

Target met

(-Reduce 

physical 

servers through 

virtualization.

-Reduce the 

number of 

operating 

systems in use.

-Increase 

bandwidth for 

migration to 

cloud 

efficiencies.)

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.
40

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(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.

-Consolidation 

of technological 

services and 

move from an 

“on premise” 

infrastructure to 

a modern 

“cloud” based 

system to 

promote 

efficiencies in 

systems 

management, 

remote 

accessibility, 

continuity of 

operations, and 

budget savings.

-Maintain 

standardized 

platforms, 

including 

hardware and 

software.

-Partner with 

Federal agencies 

that monitor 

network traffic 

and isolate 

potential risks.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

-Reduce 

physical 

servers through 

virtualization.

-Provide

training for 

users to 

educate them 

on IT

efficiencies 

(e.g., working 

in a cloud 

environment).

-Evaluate

bandwidth 

utilization to 

accommodate 

an expected 

need for 

additional 

resources as a 

result of cloud 

computing.

-Report annual 

compliance 

with applicable 

executive 

orders and/or 

binding 

operational 

directives.

-Reduce 

physical 

servers through 

virtualization.

-Provide 

annual IT

training to all 

users. 

-Implement 

ways to 

improve

bandwidth 

utilization for 

the agency.

-Report annual 

compliance 

with applicable 

executive 

orders and/or 

binding 

operational 

directives.
41

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

Maintain and 

enhance 

secure 

electronic 

information 

systems for 

case 

management, 

legal research, 

public access 

to data 

through the 

internet, and 

continuity of 

the agency’s 

operations at 

all times.

Conduct periodic 

audits of 

information 

systems to verify 

systems 

availability are at 

acceptable 

levels.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

New goal

developed to 

support the

Strategic Plan

for FYs 2022 –

2026.

-Communicate 

with users on 

proper network 

usage and 

system 

recommendations. 

-Perform 

routine updates 

and upgrades 

to stay relevant 

and more 

productive.

-Improve 

network 

communications to ensure 

stakeholders 

can access 

necessary 

information 

without delay.

-Maintain 

hardware 

platforms at 

proficient

levels.

Conduct all 

internal and 

external 

agency 

business in an 

ethical and 

timely 

manner.

Promote an 

ethical culture 

within the 

Review 

Commission 

through 

leadership, 

awareness, 

resources, and 

oversight.

-Provided 

ethics training 

to agency 

filers.

-Developed 

procedures to 

(1) conduct 

internal 

discussions of 

ethics inquiries 

as they arise; 

(2) promptly 

gather 

information 

needed from 

inquirer to 

respond; and 

(3) timely 

consult OGE 

regulations 

and guidance, 

past advice, 

and additional 

resources.

Target met

(-Provide inperson ethics 

training to all 

agency filers.

-Provided live 

virtual ethics 

training to 

agency filers in 

accordance 

with training 

flexibilities 

allowed by 

Office of 

Government 

Ethics (OGE)

due to the 

coronavirus 

pandemic.

-(1) Promptly

conducted 

internal 

discussions of 

ethics inquiries 

as they arose; 

(2) gathered

information 

needed from 

inquirer to 

respond as 

soon as the 

need for 

additional 

information 

arose; and (3) 

timely 

-Provided live 

virtual training 

to all agency 

personnel and 

contractors.

-Continued to 

decrease 

response time 

to ethics 

inquiries by

accomplishing 

the following:

(1) promptly

conducted

internal 

discussions of 

ethics inquiries 

as they arose; 

(2) gathered

information 

needed from 

inquirer to 

respond as 

soon as the

need for 

additional 

information 

arose; and (3) 

timely 

consulted OGE 

regulations and 

-Gather data to 

identify areas 

in need of 

targeted ethics 

training. 

-Respond to 50 

percent of 

ethics inquiries 

within two 

weeks of 

receipt.

-Seek 

opportunities 

to obtain 

information for 

the 

development 

of ethicsrelated training 

resources. 

-Respond to 60 

percent of 

ethics inquiries 

within two 

weeks of 

receipt.
42

Outcome 

Goals

Performance 

Measures

FY

2019

Actual

(Target)

FY

2020

Actual

(Target)

FY

2021

Actual

(Target)

FY

2022

(Target)

FY

2023

(Target)

-Develop a 

plan to 

decrease 

response time 

to ethics 

inquiries.)

consulted OGE 

regulations and 

guidance, past 

advice, and 

additional 

resources.

Target met

(-Provide inperson ethics 

training to all 

agency filers.

-Implement a 

plan to 

decrease 

response time 

to ethics 

inquiries.)

guidance, past 

advice, and 

additional 

resources.

Target met

(-Provide 

annual and 

more frequent 

ethics training 

to all agency 

filers.

-Implement a 

plan to 

decrease 

response time 

to ethics 

inquiries.)
V. BUDGET BY OBJECT

CLASSIFICATION

CATEGORY
43

Budget by Object Classification (BOC) Category

The Review Commission requests an appropriation of $15,449,000 to continue our mission of 

timely adjudicating OSHA-issued workplace safety and health citations, particularly in light of 

COVID-19 enforcement activity. The requested amount would support 63 FTE positions, an 

increase of 8 FTEs relative to the FY 2021 Enacted levels, as well as funding for other expenses.

The proposed budget for FY 2023 is shown in the table below, along with the FY 2022 

annualized CR amount and the FY 2021 actual amounts. A narrative explanation of the amount 

requested for each object classification follows the table.

Object Classification Table

FYs 2021, 2022 and 2023

(Dollars in Thousands)

 Change

 FY 2022 CR –

 FY 2023 Request 

Budget Object Class FY 2021

Actual

FY 2022 

CR

FY 2023

Request $ %

11.0 Personnel 

Compensation $7,138 $7,226 $8,741 +1,515 +20.97

12.0 Personnel Benefits 2,323 2,383 3,001 +618 +25.93

Subtotal Personnel Services 9,461 9,609 11,742 +2,133 +22.20

21.0 Travel 29 185 185 -0- -0-

22.0 Transportation of 

Things 5 10 10 -0- -0-

23.1 Space Rental 

Payments (GSA) 1,687 1,722 1,770 +48 +2.79

23.3 Communications, 

Utilities and Misc. 129 272 272 -0- -0-

24.0 Printing and 

Reproduction 0 10 10 -0- -0-

25.0 Other Services 1,355 1,005 1,048 +43 +4.28

26.0 Supplies and 

Materials 53 43 43 -0- -0-

31.0 Equipment 313 369 369 -0- -0-

Unobligated

Balance 193 0 0 0 0

Grand Total $13,225 $13,225 $15,449 +2,224 +16.82
44

Budget Object Classification Detail

11.0 Personnel Compensation

Change FY 2022 CR – FY 2023 Request

FY 2022 CR FY 2023 Request Amount Percent

7,226,000 8,741,000 +1,515,000 +20.97

The Review Commission requests $8,741,000 to fund direct payroll in FY 2023. This amount 

will fund 63 FTE positions.

This object class also supports awards to recognize those employees whose performance is 

superior and who perform special acts or services, which assists in recruiting and retaining 

talented employees. The Review Commission’s monetary awards program for General Schedule 

employees’ rewards and recognizes high-performing individuals in accordance with 5 CFR § 

451. The performance-based awards program is designed to reflect meaningful distinctions based 

on levels of performance to ensure employees with higher ratings of record receive larger cash 

awards. Performance plans and critical elements are developed to align with the Review 

Commission’s strategic goals and to support organizational values (e.g., interpersonal skills, 

team participation and relationships, innovation), and to focus on specific, measurable, 

attainable, relevant, and timely results. Recommendations for awards (i.e., rating-based, superior 

accomplishment, productivity gain, or personal effort that contributes to the efficiency, economy, 

or other improvements of agency operations) are thoroughly reviewed to determine if they are 

supportive of the goals and objectives of the Review Commission as expressed in its Strategic 

Plan for FYs 2022 – 2026.

In FY 2021, the Review Commission spent 2.5 percent of aggregate salaries for all General 

Schedule employees for the combination of individual performance awards and individual 

contribution awards (e.g., special act awards). The total spending for General Schedule and 

Senior Executive Service awards was $144,393. The Review Commission’s performance 

management programs are reviewed annually by senior management officials to determine their 

continued effectiveness and/or the need to make adjustments for future fiscal years.

12.0 Personnel Benefits

Change FY 2022 CR – FY 2023 Request

FY 2022 CR FY 2023 Request Amount Percent

2,383,000 3,001,000 +618,000 +25.93

The requested amount for benefits in FY 2023 is $3,001,000. This amount will fund payrollrelated costs of employee benefits in FY 2023. These benefits principally consist of the 

government’s contributions to the Civil Service Retirement System and the Federal Employees 

Retirement System, life and health insurance programs, the Transportation Subsidy Program, and 

the Thrift Savings Plan.
45

21.0 Travel

Change FY 2022 CR – FY 2023 Request

FY 2022 CR FY 2023 Request Amount Percent

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

The requested amount for travel in FY 2023 is $185,000. Travel of ALJs to conduct hearings 

accounts for approximately 90 percent of this request. The remaining 10 percent 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 2022 CR – FY 2023 Request

FY 2022 CR FY 2023 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.

23.1 Rental Payments to GSA

Change FY 2022 CR – FY 2023 Request

FY 2022 CR FY 2023 Request Amount Percent

1,722,000 1,770,000 +48,000 +2.79

The requested amount includes $1,770,000 for office space rental for the National and Regional 

Offices. These projected rent costs are based on FY 2023 estimates provided by GSA to the 

Review Commission.

23.3 Communications, Utilities, and Miscellaneous Charges

Change FY 2022 CR – FY 2023 Request

FY 2022 CR FY 2023 Request Amount Percent

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

The Review Commission requests $272,000 for communication costs in FY 2023. This amount 

will allow the Review Commission to continue to support the e-filing system. The e-filing 

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

transparency, supports technology improvements, allows us to continue our cloud initiative with 

increased security and bandwidth requirements, and paves the way for future cloud initiatives.

The Review Commission maintains an e-filing system with a hosted internet-based interface that 

accommodates the electronic filing of litigation documents. This budget request includes 
46

telecommunication costs to continue our cloud initiative with increased security and bandwidth 

requirements and paves the way for future cloud initiatives.

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

for the required mailing of letters, case files, and other materials is expected to be $20,000.

24.0 Printing and Reproduction

Change FY 2022 CR – FY 2023 Request

FY 2022 CR FY 2023 Request Amount Percent

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

The requested amount for printing in FY 2023 is $10,000. 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 $5,000 

in FY 2023. The balance of the budget – $5,000 – 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 2022 CR – FY 2023 Request

FY 2022 CR FY 2023 Request Amount Percent

1,005,000 1,048,000 +43,000 +4.28

The requested amount for other services in FY 2023 is $1,048,000. 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 $445,500 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, $345,000 for financial and administrative services provided by BFS, and 

$58,000 for building security (estimated). 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 ($200,000); maintenance/incremental 

enhancements including security of the Review Commission’s IT system, and for continued 

enhancements and customized reporting of the e-filing system ($40,000); services for translation 
47

of documents and interpreters for individuals LEP ($10,000); independent evaluation of IT

security under the FISMA ($30,000); and on-line legal research ($48,000). This category also 

includes funding for other contractual services such as the annual audit of our financial 

statements ($35,000), library operations ($90,000), training, and other requirements to support 

the agency’s mission. This category also includes funds needed for continuing maintenance of 

the Review Commission’s website ($30,000).

26.0 Supplies and Materials

Change FY 2022 CR – FY 2023 Request

FY 2022 CR FY 2023 Request Amount Percent

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

The requested amount for supplies and materials in FY 2023 is $43,000. This amount includes 

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

31.0 Equipment

Change FY 2022 CR – FY 2023 Request

FY 2022 CR FY 2023 Request Amount Percent

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

The requested amount for equipment in FY 2023 is $369,000. The Review Commission deployed 

an e-filing system in FY 2016 with a hosted internet-based interface that accommodates the 

electronic filing of litigation documents. As a result, our IT infrastructure was upgraded, and 

licensing and hosting costs are required to maintain the system. 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 IT requirements and to enable us to comply with government-wide mandates 

such as the FISMA. Our IT 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.
VI. OTHER TABLES
48

The U.S. Occupational Safety and Health Review Commission

Appropriation History

FY 

Year

Request to 

Congress

House 

Allowance

Senate 

Allowance

Appropriation

2000 $8,500,000 $8,100,000 $8,500,000 $8,470,00010

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

2002 $8,964,000 $8,964,000 $8,964,000 $8,958,00011

2003 $9,577,000 $9,577,000 $9,577,000 $9,673,00012

2004 $10,115,000 $10,115,000 $9,610,000 $9,863,00013

2005 $10,516,000 $10,595,000 $10,595,000 $10,510,24014

2006 $10,510,000 $10,510,000 $10,510,000 $10,404,90015

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

2008 $10,696,000 $10,696,000 $10,696,000 $10,696,00016

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 $11,712,00017

2012 $12,773,000 $11,689,000 $11,689,000 $11,689,00018

2013 $11,965,000 $11,667,000 $11,667,000 $11,666,90819

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 $13,225,000 $13,225,000

2021 $13,721,000 $13,225,000 $13,225,000

2022 $15,028,000 $15,028,000 $15,028,000

2023 $15,449,000

10 Reduced to $8,470,000 by P.L. 106-113. 11 Reduced to $8,958,000 by P.L. 107-206. 12 Reduced to $9,610,125 by P.L. 108-7. 13 Reduced to $9,863,000 by P.L. 108-199. 14 Reduced to $10,510,240 by P.L. 108-447. 15 Reduced to $10,404,900 by P.L. 109-149. 16 Reduced to $10,509,141 by P.L. 110-161. 17 Reduced to $11,688,576 by P.L. 112-10. 18 Reduced to $11,666,908 by P.L. 112-74. 19 Reduced to $11,056,659 by P.L. 113-6 and Sequestration Order issued March 1, 2013.
49

Authorized Full Time Positions by Function

FY 2021 FY 2022 FY 2023

Actual CR Request

Administrative Law Judge:

AL-II 1 1 1

AL-III 11 11 11

GS-14 7 7 7

GS-13 0 0 0

GS-12 1 1 1

GS-11 0 0 0

GS-10 0 0 0

GS-9 3 3 3

GS-8 2 2 4

Sub-total 25 25 27

Commission:

Executive Level III 1 1 1

Executive Level IV 1 2 2

ES-00 2 2 2

GS-15 4 5 5

GS-14 6 6 8

GS-13 0 0 1

GS-12 1 2 2

GS-11 2 4 4 

GS-9 1 1 1

GS-8 0 0 2

GS-7 0 0 0 

Sub-total 18 23 28

Office of the Executive Director:

ES-00 1 1 1

GS-15 1 1 1

GS-14 1 1 1

GS-13 0 0 0

GS-12 3 3 3

GS-11 0 0 1

GS-9 1 1 0

GS-7 0 0 1

Sub-total 7 7 8

Total full-time positions: 50 55 63