U.S. Occupational Safety and Health Review Commission

OSHRC

Performance and Accountability Report

FY 2015
U.S. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION

PERFORMANCE AND ACCOUNTABILITY REPORT,

INDEPENDENT AUDITOR’S REPORT

AND

FINANCIAL STATEMENTS

FOR THE YEAR ENDED SEPTEMBER 30, 2015 AND 2014

TABLE OF CONTENTS

AGENCY HEAD MESSAGE

MANAGEMENT DISCUSSION AND ANALYSIS. .......................................................... 1

FINANCIAL SECTION

INDEPENDENT AUDITOR'S REPORT ON THE FINANCIAL STATEMENTS ............ 25

BALANCE SHEET ............................................................................................................... 29

STATEMENT OF NET COST ............................................................................................. 30

STATEMENT OF CHANGES IN NET POSITION............................................................. 31

STATEMENT OF BUDGETARY RESOURCES................................................................ 32

NOTES TO THE FINANCIAL STATEMENTS.................................................................. 33


1

U.S. Occupational Safety and Health Review Commission

Fiscal Year (FY) 2015 Performance and Accountability Report

Management Discussion and Analysis

Overview and 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). Our sole statutory mandate is to serve as an administrative court 

providing fair and expeditious resolution of disputes involving the Occupational Safety and 

Health Administration (OSHA), employers charged with violations of Federal safety and health 

standards, and employees and/or their representatives. The Review Commission was created by 

Congress as an agency 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.

Our Function and Procedures 

The Act and our Rules of Procedure (which are similar to the Federal Rules of Civil Procedure) 

provide two levels of adjudication when an employer contests an OSHA citation for alleged 

violations of the Act. The first is a trial level, which affords an opportunity for a hearing before 

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

final unless it is directed for review by the Commission. When such review is granted, 

Commission Members (Commissioners)–who are appointed by the President and subject to 

Senate confirmation–address the issues presented by the case and issue a decision. Final 

Commission decisions may be appealed to the Federal courts of appeals. At both levels of 

decision the Review Commission is charged with providing fair and impartial adjudication of 

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

Our principal (National) office is located in Washington, DC. OSHRC also has two regional 

offices: one in Atlanta, GA, and one in Denver, CO. All three offices are staffed with ALJs who 

travel, as necessary, to adjudicate cases in locales near where the alleged workplace violations 

took place.

Vision Statement

The Review Commission strives to be:

 A judicial body that is – and is recognized for being – objective, fair, prompt, 

professional, and respected.

 An agency that creates a body of law through its decisions that defines and 

explains the rights and responsibilities of employers and employees under the 

Act.
2

 A model Federal agency with highly effective processes; a highly motivated, 

qualified and diverse workforce; and modern information management, 

communications, and administrative systems.

 An agency that values teamwork; develops its employees; and seeks to 

improve its performance, service, and value to the American people.

Challenges and Opportunities

The Review Commission’s ability to meet its case disposition goals depends on a variety of 

factors. These include: (1) continued presence of a quorum at the Commission level; (2) the 

magnitude and nature of the cases received; (3) the success of the parties’ settlement negotiations 

and the Agency’s Simplified Proceedings and Mandatory Settlement programs in reducing the 

number of hearings needed; and (4) the number, location, length and complexity of hearings 

held. Although these factors are largely outside the Review Commission’s control, the Review 

Commission is committed to working within such constraints to improve its service to the public.

The Commission consists of three members appointed by the President with the advice and 

consent of the Senate. The Occupational Safety and Health Act prescribes that a quorum 

consists of a minimum of two Commissioners. By statute, decisions can only be decided on the 

affirmative vote of a quorum. During periods when the Commission lacks a quorum, no cases 

can be decided. In addition, with only two Commissioners, it may be more difficult to reach 

agreement sufficient to dispose of some cases. In cases where such agreement cannot be 

reached, deadlocks result. Consequently, action on important issues may be postponed and 

issuance of some pending cases will be delayed. Over the past 20 years the Commission has 

operated with fewer than three Commissioners over 60 percent of the time.

The Commission operated with three Commissioners during only 7 months of FY 2015. This 

was the result of one Commissioner’s term expiring in April of 2015. Notwithstanding the lack 

of a full complement of Commissioners for almost half of the fiscal year, the Commission 

resolved 16 cases during fiscal year 2015 and met its GPRA goal targets for FY 2015 at the 

Commission level.

The factors which most influence the agency’s workload, and hence its strategies, are: the 

number of safety and health inspections carried out by OSHA each year, the nature of those 

inspections, and the number and characterization of violations and total penalties proposed by 

OSHA in each citation.

OSHA conducted 35,817 inspections in FY 2015. The number of OSHA inspections and their 

likely focus on the highest hazard workplaces affects the Review Commission’s ALJ caseload. 

These inspections have tended to result in more complex and contentious cases, which consume 

extensive judicial time. For such cases, 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. 

The Review Commission utilizes two alternative procedures to facilitate case adjudication before 

the ALJs in appropriate circumstances – Settlement Part, for certain relatively complex cases, 

and Simplified Proceedings, for certain relatively simple cases.
3

Under Commission Rule 2200.120, with the consent of the parties, the Chief Administrative Law 

Judge may assign a Settlement Judge to a pending proceeding to aid the parties in resolving a 

case. In addition, if the aggregate amount of the penalty sought by the Secretary of Labor is 

$100,000 or greater, the Mandatory Settlement procedure goes into effect. A Settlement Judge 

appointed by the Chief Administrative Law Judge has control of the settlement process and may 

require that the parties’ representatives be accompanied by officials having full settlement 

authority. This procedure has aided the Review Commission in disposing of some extremely 

complex cases, with the approval of all parties.

The Simplified Proceedings process applies to cases in which proposed penalties are not more 

than $20,000; when found eligible by the Chief Administrative Law Judge, the process may be 

used in cases with proposed penalties up to $30,000. The Simplified Proceedings process allows 

parties with relatively simple cases to have their “day in court” unencumbered by the formal 

Rules of Procedure and evidence, while ensuring that due process requirements will be 

maintained. Under this process, a business, with or without counsel, can present its case before 

an ALJ and receive a prompt decision. Most paperwork, including legal filings, has been 

eliminated so that justice can be rendered swiftly and inexpensively. The process is intended to 

reduce the time and legal expenses otherwise required of employers contesting relatively small 

penalty cases.

Performance Goals and Results

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

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

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

strategic plan for the period FY 2014 through FY 2018. The plan focuses on three overarching 

strategic goals: 

1) Engendering respect for the rule of law by assuring fair, just, and expeditious 

adjudication of disputes brought before the Commission and its judges. 

 

2) Expanding transparency and openness by providing for stakeholder engagement and 

ensuring that the Review Commission keeps interested parties and the public it serves 

informed of the agency’s work at all levels, consistent with due process requirements.

3) Providing responsible stewardship of resources to enhance agency operations and 

efficiencies in information management, financial management, human resources, and 

real property to accomplish the agency’s statutory and regulatory mandates
4

Commission Function

The function of the Commissioners is to review and decide cases contested under the Act, 

following an initial decision by an ALJ. This higher level of review must be prompt, fair, and 

protective of the parties’ rights, consistent with our overall strategic goals.

In FY 2015, the Commission had 35 cases pending on its docket at the beginning of the year. It 

received 14 new cases and resolved 16 cases by year-end. 

The following table provides the performance goals and results for this function for fiscal years 

2011 through 2015.

Outcome 

Goals

Performance 

Measures

FY 2011

Actual

(Target)

FY 2012

Actual

(Target)

FY 2013

Actual

(Target)

FY 2014

Actual

(Target)

FY 2015

Actual

(Target)

Resolve the 

oldest cases 

on the Review 

Commission’s 

docket.

All cases 

docketed at the 

Commission 

level prior to 

2008 resolved.

Remaining

80%

Target 

met

(Remaining 

70% of 

oldest 

cases)

Complete

d by end 

of

FY 2011

Completed 

by end of

FY 2011

Completed 

by end of

FY 2011

Completed by 

end of

FY 2011

Reduce the 

average age of 

open cases at 

the 

Commissionlevel.*

Average age of 

open cases.

15 months

Target 

met

(36 months 

or

less)

18 months

Target 

met

(33 

months or 

less)

21 months

Target 

met

(30 

months or 

less)

26 months

Target met

(27 months 

or less)

Replacement 

Goal 

developed for 

FY 2015

Resolve all 

priority cases 

in a timely 

manner.

Percent of 

priority cases 

disposed of 

within 6 months.

100%

Target 

met

(100%)

100%

Target 

met

(100%)

100%

Target 

met

(100%)

100%

Target 

met

(100%)

100%

Target met

(100%)

Develop and 

implement 

case 

management 

practices that 

will minimize 

the average 

age of all 

pending 

Commissionlevel cases.

Average age of 

all pending 

Commissionlevel cases.

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

New goal 

developed

to support 

FY 2014 –

2018 

Strategic 

Plan

Case 

management 

practices 

developed. 

The average 

age of all 

pending 

Commissionlevel cases is 

26 months. 

*Target met

Develop case 

management 

Implemented 

case 

management 

practices.

The estimated 

average age of 

all pending 

Commissionlevel cases is 21 

months.

Target met

(24 months or 

less)
5

practices.

(27 months 

or less)

Further reduce 

the average 

age of the 

oldest pending 

Commissionlevel cases.

Using 

experience 

gained from the 

recent 

disposition of 

the legacy cases, 

as well as 

recommendation

s derived from 

Commission’s 

public meeting 

on legacy cases, 

to develop and 

implement case 

management 

practices that 

minimize the 

average age of 

the oldest fifteen 

(15%) percent of 

pending cases

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

Case 

management 

practices 

developed.

Target met

(Develop 

case 

management 

practices)

Case 

management 

practices were 

fully 

implemented.

Target met

(Implement case 

management 

practices).

 * As of September 30, 2009, and September 30, 2010, the average (mean) period of time for a case on the Review Commission’s docket was 

46 months, and 32 months, respectively. The Review Commission’s Strategic Plan (FY 2010- 2015) anticipated reducing this average to 24 

months by the end of FY 2015. The revised Strategic Plan (FY 2014 – 2018) anticipates further reducing this average to 20 months by the 

end of FY 2018. 

The Commission met all of its Commission-level case resolution targets in FY 2015. In 

particular, pursuant to OSHRC’s Strategic Plan, the agency developed case management 

practices to help focus on reducing the average age of the oldest pending Commission-level 

cases and of all pending Commission-level cases. These practices include:

 Periodic docket review

 Conduct quarterly and semiannual case management docket reviews to 

identify opportunities to speed case processing 

o Quarterly Counsels’ meeting 

oSemiannual Commission docket review

 Strategic Plan implementation monitoring 

 Incorporate data in quarterly docket reports on the age of each pending case, 

the average age of all pending cases, and the average age of the oldest 15% of 

cases 

 Review case management aspects of cases that exceed the target average in 

the periodic docket review meetings

 Efficient briefing practices

 To the degree practicable, strive to narrowly tailor the issues in the Briefing 

Notice
6

The following table summarizes actual Commission case activity for fiscal years 2011 through 

2015.

Commission Case Activity

FY 2011

Actual

FY 2012 

Actual

FY 2013 

Actual

FY 2014 

Actual

FY 2015 

Actual

New Cases:

Cases Directed for

 Review: 24 14 24 11 13

Other New Cases:

 Interlocutory

 Appeals 6 2 0 0 0

 Remands 0 3 1 0 1

 Other 0 0 0 0 0

 Total Other New

 Cases: 6 5 1 0 1

Total New Cases: 30 19 25 11 14

Case Inventory from 

Prior Year: 31 35 31 36 35

Total Caseload: 61 54 56 47 49

Dispositions: 26 23 20 12 16

Case Inventory, 

End of Year: 35 31 36 35 33
7

Administrative Law Judge Function

The function of the Review Commission’s Administrative Law Judges is to conduct formal 

hearings and related proceedings in a fair, just, and expeditious manner, consistent with 

OSHRC’s overall strategic goals. 

The Administrative Law Judge function began FY 2015 with 888 cases in its inventory and 

2,164 new cases were received during the year, for a total of 3,052 cases. A total of 1,953 cases 

were disposed of, leaving 1,099 cases in the inventory at the end of the fiscal year. 

The following table provides the performance goals and results for this function for fiscal years 

2011 through 2015.

Outcome Goals Performance

Measures

FY 2011

Actual

(Target)

FY 2012

Actual

(Target)

FY 2013

Actual

(Target)

FY 2014

Actual

(Target)

FY 2015

Actual

(Target)

Ensure that a 

significant 

proportion of noncomplex cases at the 

ALJ level are 

resolved in less than 

one year.

Percent 

within one 

year.

98%

Target met

(98%)

96%

Target not 

met

(98%)

95.3%

Target 

not met

(98%)

97%

Target

met

(95%)

New Goal 

developed 

for FY 2015

Ensure that a 

significant 

proportion of 

complex cases at the 

ALJ level are 

resolved in less than 

one year.

Percent 

within one 

year.

84%

Target not 

met

(95%)

87%

Target not 

met

(95%)

85.6%

Target not 

met

(95%)

80%

Target not 

met

(89%)

New Goal 

developed 

for FY 2015

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. 

-Percent of 

simplified 

cases -

disposed of 

within one 

year at ALJ 

level.

-Percent of 

conventional 

cases 

disposed of 

within 17 

months.

-Percent of 

settlement 

part cases 

disposed of 

within 19 

months.

-Percent of 

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan 

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan 

-Dispose of 

95% of 

simplified 

cases within 

one year.

97%

Target met

-Dispose of 

90% of 

conventional 

cases within 

17 months.

92%

Target met

-Dispose of 

98% of 
8

Outcome Goals Performance

Measures

FY 2011

Actual

(Target)

FY 2012

Actual

(Target)

FY 2013

Actual

(Target)

FY 2014

Actual

(Target)

FY 2015

Actual

(Target)

complex 

cases 

disposed of 

within 20 

months at 

ALJ level.

settlement 

part cases 

within 19 

months.

95%

Target not 

met

-Dispose of 

95% of 

complex 

cases within 

20 months.

(FY 2015 

will be the 

baseline 

year for this 

measure)

80%

Target not 

met

Improve training 

opportunities for 

Administrative Law 

Judges.

Time and 

resources 

dedicated to 

judicial 

training with 

special 

emphasis on 

mediation and 

dispute 

resolution.

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

Pro rata 

share of the 

Agency’s 

training 

resources 

was 

devoted.

Target met

(Pro rata 

share of the 

Agency’s 

training 

resources)

Pro rata 

share of the 

Agency’s 

training 

resources 

was 

devoted.

Target met

(Pro rata 

share of the 

Agency’s 

training 

resources)

Publish significant 

procedural decisions 

and non-dispositive 

orders separately 

from other 

decisions.

Key decisions 

and orders 

published 

within 4 

months of the 

order.

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

11 key 

decisions 

and orders 

published

Target not 

met

(15 key 

decisions 

and orders 

published)

13 key 

decisions 

and orders 

published

Target not 

met

(20 key 

decisions 

and orders 

published)
9

In FY 2015, two factors adversely impacted the Office of the Chief Administrative Law Judge’s 

(OCALJ) ability to meet the targeted outcome goal. First, the office, which includes Denver and 

Atlanta, was significantly understaffed due to inadequate legal support. Existing legal staff, 

which included four attorneys and nine legal assistants, proved inadequate to meet the 

administrative and legal writing needs of the full complement of ALJs. The shortage of 

administrative and legal support resulted in significant delays in issuing decisions and resolving 

cases. Absent additional support (e.g., legal research and writing), the downturn in performance 

at the ALJ level with respect to the disposition of complex cases may continue. Our pending 

budget request includes funding for three additional positions to provide legal support to OCALJ. 

Next, the complexity of the cases increased the time required to resolve cases at the ALJ level. 

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

resource and time-intensive inspections, as well as the Department of Labor, Office of the 

Solicitor’s decision to leverage litigation resources and focus away from high volume and in 

favor of high-impact strategic cases. The increase in complexity of cases is a challenge for the 

Review Commission because processing such cases requires the judges to invest a greater 

amount of time in handling the matters, and places an increased demand on the limited full-time 

equivalent (FTE) positions assigned to handle the volume of cases.
10

The following table provides actual Administrative Law Judge workloads for fiscal years 2011 

through 2015. 

FY 2011 FY 2012 FY 2013 FY 2014 FY 2015

Actual Actual Actual Actual Actual

OSHA Inspections*: 40,648 40,961 39,228 36,163 35,817

Administrative Law Judge Workload:

a. Case Inventory, Start of Year 983 1,345 1,154 909 888

b. New Cases 3,175 2,696 2,215 2,017 2,164

c. Total Caseload 4,158 4,041 3,369 2,926 3,052

d. Disposals**

 (1) With Hearing 111 95 68 50 61

 (2) Mandatory Settlement Conferences 81 66 56

 (3) Without Hearing 2,702 2,792 2,311 1,922 1,836

e. Total Dispositions 2,813 2,887 2,460 2,038 1,953

Total Case Inventory, End of Year 1,345 1,154 909 888 1,099

*Provided by OSHA. 

**In prior Performance and Accountability Report presentations, the category “With Hearing” included both 

adjudicatory hearings and mandatory settlement conference hearings. To improve transparency and accuracy, 

adjudicatory hearings and mandatory settlement conference hearings are now reported separately starting with FY 

2013.
11

Executive Director Function

The Office of the Executive Director provides administrative services to support the Review 

Commission in fulfilling its mission.

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

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

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

the Executive Director and include: 

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

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

Review Commission information;

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

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

 Providing personnel, payroll, benefits, reproduction, mail services, and travel 

assistance to agency employees;

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

reference materials, supplies and office space;

 Implementing case management and administrative systems through IT hardware and 

software;

 Developing and maintaining computer systems and information security 

enhancements; and

 Enhancing telecommunications and improving technology efficiency and 

effectiveness.
12

The following table provides the performance goals and results for this function for fiscal years 

2011 through 2015.

Outcome 

Goals

Performance 

Measures

FY

2011

Actual

(Target)

FY

2012

Actual

(Target)

FY

2013

Actual

(Target)

FY

2014

Actual

(Target)

FY

2015

Actual

(Target)

Invest in 

human capital 

by increasing 

staff 

development 

and training 

opportunities 

and increasing 

employees’ 

capabilities 

and potential.

One percent of 

basic payroll 

devoted to staff 

training and 

development by 

FY 2015, and no 

fewer than 24 

hours training 

per staff member 

per year.

.45% of basic 

payroll to 

training

Target 

partially met

(.45% of 

basic

payroll to 

training and 

10 hours)

.54% of basic 

payroll to 

training/62% 

of staff had 

12 hours of 

training 

Target not 

met 

(.55% of 

basic payroll 

to training 

and 12 hours)

.42% of 

basic 

payroll to 

training/53

% of staff 

received 12 

hours of 

training

Target not 

met

(.55 of 

basic 

payroll to 

training and 

12 hours)

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic 

Plan

Examine and 

identify 

contracted 

positions 

appropriate for 

insourcing.

Percentage of 

positions 

identified 

appropriate for 

insourcing that 

are insourced.

One position 

identified

Target met

(Positions 

identified)

One position 

insourced. No 

other position 

eligible

Target met

(Insource 

position 

identified and 

identify 

additional 

positions to 

insource)

No 

additional 

positions 

identified 

for 

insourcing

Target met

(Insource 

any 

additional 

positions 

identified)

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic 

Plan
13

Outcome 

Goals

Performance 

Measures

FY

2011

Actual

(Target)

FY

2012

Actual

(Target)

FY

2013

Actual

(Target)

FY

2014

Actual

(Target)

FY

2015

Actual

(Target)

Use of 360 

degree 

employeesupervisor 

feedback 

mechanisms

All supervisors 

subject to 360 

degree feedback 

and feedback is 

used to ensure 

that individual 

and 

organizational 

effectiveness 

goals are being 

met

Feedback 

Instrument 

developed

Target met

(Appropriate 

feedback 

instrument 

developed)

Feedback 

Instrument 

used to 

evaluate 

supervisors

Target met

(Feedback 

mechanism 

used to 

evaluate all 

supervisors)

Feedback 

Instrument 

used to 

evaluate 

supervisors

Target met

(Feedback 

mechanism 

used to 

evaluate all 

supervisors)

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic 

Plan

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 web site

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

All required 

material 

posted to the 

website in 

less than 7 

days and 

usually within 

one day after 

issuance.

Target met

(All material 

posted no 

later than 7 

days after 

issuance)

All required 

material 

posted to the 

website in 

less than 7 

days and 

usually 

within one 

day after 

issuance.

Target met

(All material 

posted no 

later than 7 

days after 

issuance)

Produce 

timely and 

accurate 

reports on the 

Review 

Commission’s 

activities, 

including all 

reports 

required by 

law

Timeliness of 

submissions of 

required reports, 

e.g., financial 

statements, 

OMB, OPM, and 

EEO reports, etc.

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

All material 

submitted by 

required 

deadlines.

Target met

(100% of all 

material to be 

submitted by 

required 

deadlines)

All material 

submitted by 

required 

deadlines.

Target met

(100% of all 

material to be 

submitted by 

required 

deadlines)
14

Outcome 

Goals

Performance 

Measures

FY

2011

Actual

(Target)

FY

2012

Actual

(Target)

FY

2013

Actual

(Target)

FY

2014

Actual

(Target)

FY

2015

Actual

(Target)

Broaden the 

Review 

Commission’s 

outreach 

activities with 

other Federal 

agencies and 

the affected 

public, 

including 

targeted 

education and 

outreach for 

individuals 

with limited 

English 

proficiency 

(LEP)

Participation in 

professional 

conferences and 

meetings and 

strategic 

engagement with 

stakeholders

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

Agency focus 

was to revise 

the draft 

language 

access plan 

and submit to 

DOJ for 

approval.

Target not 

met

(Agency to 

sponsor one 

outreach and 

educational 

activity per 

year)

Draft 

language 

access plan 

was posted 

on the 

Agency’s 

website

Target met

(Fully 

implement a 

language 

access plan 

and post to 

the Agency’s 

website for 

public 

access)

Develop and 

present an 

annual budget 

and 

performance 

plan that 

clearly present 

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

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

Resources 

were 

identified for 

various 

programs that 

support the 

methodology 

to efficiently 

align the 

budget with 

program 

goals.

Target met

(Identify 

resources to 

support the 

methodology 

to efficiently 

align the 

budget with 

program 

goals)

Agency 

program goals 

were aligned 

with the 

budget to 

efficiently 

accomplish the 

mission.

Target met

(Align budget 

with Agency 

program goals 

to efficiently 

accomplish 

mission (e.g., 

program, 

human capital, 

procurement, 

IT 

infrastructure, 

and space and 

facilities)
15

Outcome 

Goals

Performance 

Measures

FY

2011

Actual

(Target)

FY

2012

Actual

(Target)

FY

2013

Actual

(Target)

FY

2014

Actual

(Target)

FY

2015

Actual

(Target)

Implement a 

comprehensive 

human capital 

plan designed 

to recruit, 

retain and 

develop staff; 

support 

succession 

planning by 

strategically 

aligning 

present and 

future human 

capital needs 

and workforce 

planning; and 

evaluate the 

performance 

management 

system based 

on individual 

and 

organizational 

effectiveness

Increase 

personnel 

capabilities and 

development by 

improving 

training 

opportunities

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan 

.55 of basic 

payroll was 

devoted to 

staff training 

and 

development.

Target met

(.55 percent 

of basic 

payroll 

devoted to 

staff training 

and 

development)

.44 percent of 

basic payroll 

devoted to 

staff training 

and 

development.

1Target not 

met

(.65 percent of 

basic payroll 

devoted to 

staff training 

and 

development)

 

1 The Review Commission devoted .44 percent of basic payroll to staff training and development. 

However, our ability to expense .65 percent was severely impacted due to a nearly three-month 

Continuing Resolution and severe budget constraints that were implemented during FY 2015 to avoid 

employee furloughs.
16

Outcome 

Goals

Performance 

Measures

FY

2011

Actual

(Target)

FY

2012

Actual

(Target)

FY

2013

Actual

(Target)

FY

2014

Actual

(Target)

FY

2015

Actual

(Target)

Integrate 

knowledge 

management 

(KM) 

processes into 

a plan to 

capture, share 

and generate 

knowledge 

and establish a 

unified 

knowledge 

network of 

people, 

processes and 

technology to 

enhance 

operations and 

efficiencies in 

all aspects of 

essential 

agency

operations 

Conduct periodic 

knowledge audits 

to identify 

sources of 

knowledge and 

“at risk” 

knowledge 

gaps**

Tailor IT 

infrastructure to 

support the 

effortless sharing 

and transfer of 

knowledge

Degree to which 

best practices 

and lessons 

learned are 

integrated into 

the performance 

management 

system 

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

Staff trained 

in learning 

solution 

designed to 

optimize 

organizational 

performance 

and identify 

KM gaps.

Target 

partially met

(Design the 

knowledge 

management 

audit to 

establish 

benchmarks 

to evaluate 

knowledge 

gaps in the 

essential 

agency 

operations 

and 

programs)

Identified 

knowledge 

gap 

vulnerabiliti

es to 

enhance 

Agency 

operations 

and 

programs. 

Target met

(Use 

findings 

from 

evaluation 

of 

knowledge 

managemen

t audit to 

identify and 

address 

knowledge 

gaps)

 

** 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.
17

Outcome 

Goals

Performance 

Measures

FY

2011

Actual

(Target)

FY

2012

Actual

(Target)

FY

2013

Actual

(Target)

FY

2014

Actual

(Target)

FY

2015

Actual

(Target)

Improve 

technology 

infrastructure 

through 

efficiencies 

and 

investments 

(e.g., training, 

equipment, 

and 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/commun

ications to ensure 

customers can 

access necessary 

information 

without delay

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan 

Evaluated 

expanding the 

existing IT 

infrastructure 

and began 

procuring 

equipment 

and services 

necessary to 

support the efiling 

initiative.

Target met

(Evaluate 

expanding the 

existing IT 

infrastructure 

to support efiling 

initiative)

Upgraded 

data circuits, 

implemented 

a new data 

analysis 

platform that 

scans internet 

traffic, 

trained staff 

on usage 

policies, and 

procured and 

installed Host 

servers.

Target met

(Implement 

recommende

d IT 

infrastructure 

upgrades 

identified in 

evaluation)
18

Outcome 

Goals

Performance 

Measures

FY

2011

Actual

(Target)

FY

2012

Actual

(Target)

FY

2013

Actual

(Target)

FY

2014

Actual

(Target)

FY

2015

Actual

(Target)

Use existing 

real property 

more 

effectively by 

implementing 

energy 

efficiency 

practices, 

space 

alignment 

efforts (e.g., 

sustainability) 

and expanding 

telework

Implement 

measures to 

reduce operating 

expenses when 

negotiating lease 

and develop a 

system to 

evaluate areas of 

consumption that 

impact 

sustainability

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

-Use of 

virtual 

machines and 

all equipment 

purchases 

meet EPA 

energy 

efficiency 

standards.

Target met

(Establish 

goal of 

acquiring a 

percentage of 

supplies and 

equipment 

from ecofriendly 

sources)

-Disposed of 

equipment 

through 

certified 

recyclers.

Target met

(Dispose of 

equipment in 

an environmentally 

friendly 

manner)

Use of virtual 

machines and 

all equipment 

purchases 

meet EPA 

Energy 

Efficiency 

standards. 

Moved to a 

shared 

printing 

environment 

by using 

installed 

copiers as 

default 

printers 

moving away 

from desktop 

printers. 

Expanded 

Citrix to 

accommodat

e additional 

telework 

staff.

Target met

(Increase the 

percentage of 

supplies and 

equipment 

procured 

from ecofriendly 

sources)
19

Outcome 

Goals

Performance 

Measures

FY

2011

Actual

(Target)

FY

2012

Actual

(Target)

FY

2013

Actual

(Target)

FY

2014

Actual

(Target)

FY

2015

Actual

(Target)

Enhance the 

agency’s 

FOIA 

processing 

system by 

developing 

internet-based 

capabilities

Development of 

an electronic 

form and/or 

request tracking 

capability

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed to 

support FY 

2014 – 2018 

Strategic Plan

New goal 

developed 

to support 

FY 2014 –

2018 

Strategic 

Plan

Developed an 

electronic 

request form 

used for 

processing 

and 

expediting 

FOIA 

requests.

Target met

(Assessment 

of tools and 

resources 

necessary for 

processing 

and 

expediting 

FOIA 

requests 

electronically

)

Successful 

implementati

on of FOIA 

online form 

and use of 

dedicated 

FOIA email 

address to 

expedite 

receipt, 

tracking, and 

processing of

requests.

Target met

(Develop 

tools to be 

used for 

processing 

and 

expediting 

FOIA 

requests 

electronically

)
20

Analysis of Financial Statements

The Review Commission had biennial audits of its financial statements from 1996 through 2002. 

Consistent with the Accountability of Tax Dollars Act of 2002, OSHRC began annual audits in 

FY 2003. The Review Commission received an unqualified opinion for each financial audit 

conducted from FY 1996 through FY 2013, and an unmodified opinion for the FY 2014 and FY 

2015 audits. The terms “unqualified” and “unmodified” refer to clean opinions.

Since 2002, the Review Commission has contracted with the Administrative Resources Center, 

Bureau of the Fiscal Service (formerly Bureau of the Public Debt – BPD), for accounting 

services. The Administrative Resources Center prepared the Review Commission’s FY 2015

financial statements, which include comparative data for FY 2014. The principal financial 

statements include the Balance Sheet, Statement of Net Cost, Statement of Changes in Net 

Position, and Statement of Budgetary Resources. 

The changes described in the analyses below generally indicate that the budget execution process 

remains effective, given higher payroll costs and higher costs for goods and services to maintain 

operations and fulfill our mission. 

Analysis of the Balance Sheet

OSHRC’s assets in FY 2015 totaled $2,764,587 as of September 30, 2015. This represents a 

decrease of $269,729 from FY 2014. The Fund Balance with Treasury of $2,758,897 represents 

OSHRC’s largest asset as of September 30, 2015. It decreased 8.44 percent from FY 2014 and 

represents approximately 99 percent of the agency’s total assets. General Property, Plant, and 

Equipment account for less than 1 percent of OSHRC’s total assets as of September 30, 2015. 

The net fixed asset value of $4,250 equals the cost less accumulated depreciation and represents 

the current book value of those assets. 

OSHRC’s liabilities in FY 2015 totaled $836,398 as of September 30, 2015. This is a decrease 

of $38,136 from FY 2014. The accounts payable balance at September 30, 2015 was $170,221, 

an increase of $20,680 from September 30, 2014. Unfunded annual leave decreased $42,670 in 

2015 from 2014. Unfunded annual leave represents 49.48 percent of total agency liabilities.

Net Position is the difference between total assets and total liabilities. The total net position for 

FY 2015 decreased by $231,593 from FY 2014. 

Analysis of Statement of Net Cost

The Statement of Net Cost shows the net cost of operations for the agency, and it is broken out 

between OSHRC’s two major programs, Administrative Law Judge and Commission. The Total 

net cost of operations in 2015 was $12,221,927, an increase of $466,968 or 3.9 percent more 

than the 2014 net cost of operations of $11,754,959.

Analysis of the Statement of Changes in Net Position

The Statement of Changes in Net Position reports the change in the agency’s net position during 

the reporting period. The net position consists of two components, the unexpended 
21

appropriations and the cumulative results of operations. The Net Position decreased $231,593 in 

2015 from 2014, a change of approximately 10.7 percent.

Analysis of the Statement of Budgetary Resources

The Statement of Budgetary Resources presents how the budgetary resources were made 

available and the status of the budgetary resources at the end of the reporting period. The total 

budgetary resources must always equal the total status of budgetary resources. For FY 2015, 

OSHRC had total budgetary resources of $12,469,382, which is $405,217 more than in FY 2014.

Management Assurances

Systems, Controls, and Legal Compliance

The Review Commission is in compliance with the Federal Managers Financial Integrity Act and 

OMB Circular A-123, Management’s Responsibility for Internal Control. The system of internal 

controls for this agency is functioning well. It provides reasonable assurance as to the efficiency 

and effectiveness of programs and operations, reliability of financial and performance 

information, and compliance with laws and regulations. These controls satisfy the requirements 

of the Federal Managers’ Financial Integrity Act. In addition, the appropriate policies and 

controls are in place to mitigate the risk of fraud and inappropriate charge card practices. 

The Review Commission is a small agency and does not have a separate Inspector General 

Office. Therefore, the Review Commission’s management team assumes the responsibility for 

assessing the agency’s internal operations and determining if there are any weaknesses that need 

correction. In FY 2015, two program reviews took place: an audit of FY 2015 financial 

statements, and an audit of computer and information security. 

Financial Audit

The Review Commission has had annual audits of its financial statements since FY 2003, 

including reviews of the adequacy of the Review Commission’s internal control systems. The

Review Commission received an unqualified opinion for each financial audit conducted from FY 

2003 through FY 2013, and an unmodified opinion for the FY 2014 and FY 2015 audits. 

With regard to financial management, the National Finance Center (NFC) provided payroll 

services, and the Bureau of the Fiscal Service (BFS) provided accounting, disbursement, and 

financial statement preparation services for the agency. Accordingly, certain aspects of the 

Review Commission’s financial management system are largely influenced by the practices and 

procedures of the NFC and the BFS. 

In addition to the practices and procedures of the NFC and BFS, the Review Commission has 

established certain internal controls and procedures that safeguard assets and ensure that 

obligations and disbursements are made consistent with management’s direction. For example, 

BFS reports are reviewed and reconciled to assure that the agency’s obligation and disbursement 

actions are properly recorded and that the year-end financial statements are correctly stated. The 

agency’s Budget and Finance Office also prospectively certifies funds availability for all 

obligations. In addition, the Office of the Executive Director conducts periodic reviews of 

internal systems including travel, payroll, and procurement. 
22

The FY 2015 financial audit resulted in an “unmodified” opinion with no reported material 

weaknesses or other significant deficiencies. Generally, the system of internal controls for this 

agency is functioning well. It provides reasonable assurance as to the efficiency and 

effectiveness of programs and operations, reliability of financial and performance information, 

and compliance with laws and regulations. These controls satisfy the requirements of the Federal 

Managers' Financial Integrity Act. As previously mentioned, the Review Commission has had 

annual audits of its financial statements since FY 2003, including reviews of the adequacy of the 

Review Commission’s internal control systems. 

The Review Commission contracts with the Treasury Franchise Fund, Administrative Resource 

Center, Bureau of the Fiscal Service, for accounting, disbursement, and travel services, and with 

the NFC for payroll and personnel services. In addition to the agency’s internal controls and 

procedures that safeguard assets and ensure that obligations and disbursements are made 

consistent with management’s direction, the BFS and the NFC have established practices and 

procedures that assure appropriate internal controls. The two agencies’ internal control systems 

are evaluated independently.

Improper Payments

The Review Commission is pleased to report that no improper payments were made in FY 2015. 

The agency continued the practice of reviewing the General Services Administration (GSA) 

Excluded Parties List (EPLS) and the System for Awards Management (formerly Central 

Contractor Registry) prior to awarding contracts and purchase orders. All payments made in FY 

2015 were verified using the method above, with the exception of payments to Federal vendors, 

payroll and credit card payments. 

The agency continues to attribute progress made in eliminating improper payments to the 

implementation of the program integrity activities outlined in our “Do Not Pay Implementation 

Plan.” The plan, which was implemented in FY 2013, requires agency staff responsible for 

processing invoices to focus on prevention, detection, and recovery. Prevention activities, which 

are executed prior to the payment of an invoice, include pre-payment audits, risk prioritization, 

and predictive modeling. Transactions that are identified as being “high risk” are subject to a 

second level of review prior to being forwarded to the Certifying Official for approval for 

payment. Detection activities, which are performed subsequent to payment, are based largely on 

reports generated by the entity within the agency that is responsible for analyzing invoice 

processing activities. For example, the Review Commission analyzes a monthly report detailing 

the cumulative total and number of invoices processed during the previous 30 day reporting 

period. Agency staff performed detection activities on a quarterly basis to identify payment 

patterns or anomalies that need to be isolated and subjected to additional review. Based on the 

success of the prevention and detection activities, the Review Commission has avoided the need 

to exercise recovery or collection activities to recapture improperly made payments. 

Computer and Information Security Program 

Since FY 2003, the Review Commission has contracted for annual independent evaluations of its 

computer and information security programs, consistent with the Federal Information Security 

Management Act (FISMA), which was signed into law as part of the E-Government Act (Public 

Law 107-347). These evaluations are conducted under the requirements of the Government 
23

Information Security Reform Act (the predecessor to FISMA), as well as the Office of 

Management and Budget’s (OMB) implementing guidelines, and National Institute of Standards 

and Technology (NIST) guidance. 

Our 2015 FISMA audit states that the Occupational Safety and Health Review Commission 

(OSHRC) continues to keep up with additions and changes to FISMA law. Some specific 

examples in recent years include the incorporation of National Institute of Standards and 

Technology (NIST) Special Publication 800-53 Revision 4, NIST Special Publication 800-18, 

Federal Information Processing Standards (FIPS) 199, FIPS 200, and FIPS 201, each of which 

place additional requirements on OSHRC. The OSHRC security program continues to be 

incorporated into its annual performance and security plans in accordance with the law, and 

provides reasonable assurance and safeguards to maintain integrity and competence. 

Furthermore, OSHRC practices delegation of authority as a structured organization with defined 

separation of duties and supervision.

The provisions of the Review Commission’s security policy directive apply to all employees and 

contractors who use our computer and network systems or gain access to our computer generated 

information. 

OSHRC continues to document and test its implemented virus detection program and perform 

automatic updates and scanning. Virus protection has been implemented at both the server and 

workstation levels which have reduced the numbers of spam and other unwanted electronic mail 

messages. Additional controls in place to protect data from accidental or malicious alteration or 

destruction include the U.S. Department of Homeland Security’s (DHS) Trusted Internet 

Connection (TIC), Einstein3 (U.S. Cert Program), and Intrusion Prevention Security Services 

utilization. These provide continuous monitoring of the network, intrusion detection and 

prevention, system and email scans, separation of duties based on access need and clearance, 

internal intrusion detection and monitoring, and incident reporting and investigation.

In addition to security controls provided by DHS, OSHRC utilizes its deployed firewall and 

Intrusion Detection System (IDS) to provide network perimeter security. Formal procedures for 

reviewing logs are in place, and the Information Technology Officer identifies incidents when a 

security violation occurs.

The Review Commission’s information security program will, at a minimum, continue to 

implement appropriate recommendations made by an independent evaluator; incorporate 

performance measures to ensure that the security plan is practiced throughout the life cycle of the 

agency’s system; establish additional personnel controls for sensitive information; monitor 

procedures for program effectiveness and compliance with security requirements; assure that 

systems and applications operate effectively and provide appropriate confidentiality, integrity 

and availability; and protect information commensurate with the level of risk and magnitude of 

harm resulting from loss, misuse, unauthorized access, or modification.

Performance Data Verification

For each strategic goal and its related objectives, the Review Commission formulated 

performance measures and numerical annual targets, whenever possible. A few measures are 

necessarily qualitative in nature. Case processing and adjudication measurements are used for 
24

several objectives contained in our Public Service Goal. Most of the data related to the Public 

Service Goal resides in the Review Commission’s case management/tracking system. In FY 

2015, each of the 2,164 new cases docketed at the ALJ level were entered into the case 

management system, and progress on all cases was tracked. In order to assure the quality of the 

data, management periodically reviews the information in the case management/tracking system. 

The agency conducts test runs of the data to ensure that information is entered and updated on a 

timely basis. The reports are used to assess workload and make workload adjustments, when 

necessary. At the end of the year, this data is used by the offices to measure performance related 

to the goals and to improve management. 

Human resource measurements are used for the goals in the Office of the Executive Director 

function. The data related to these goals is maintained and tracked in the Human Resource 

system, which includes spreadsheets to track training costs and hours, employee performance 

files, and personnel files. Management reviews the information for accuracy.

Limitations of the Financial Statements

The principal financial statements have been prepared to report the financial position and results 

of operations of the Review Commission, pursuant to the requirements of 31 U.S.C. 3515(b).

The statements have been prepared from the books and records of the Review Commission in 

accordance with generally accepted accounting principles (GAAP) for Federal entities and 

formats prescribed by OMB. The statements are in addition to the financial reports used to 

monitor and control budgetary resources, which are prepared from the same books and records. 

These statements should be read with the realization that they are for a component of the United 

States Government, a sovereign entity.
U.S. OCCUPATIONAL SAFETY & HEALTH

REVIEW COMMISSION

INDEPENDENT AUDITOR’S REPORT

AND

FINANCIAL STATEMENTS

FOR THE YEARS ENDED

SEPTEMBER 30, 2015 AND 2014

Prepared By

Brown & Company CPAs, PLLC

November 10, 2015
25

INDEPENDENT AUDITOR'S REPORT 

U.S. Occupational Safety and Health Review Commission

Washington, D.C.

Report on the Financial Statements

We have audited the accompanying balance sheets of the U.S. Occupational Safety and Health Review 

Commission (OSHRC) as of September 30, 2015 and 2014, and the related statements of net cost, 

changes in net position, and budgetary resources, for the years then ended (collectively referred to as the 

financial statements), and the related notes to the financial statements.

Management’s Responsibility for the Financial Statements

Management is responsible for the preparation and fair presentation of these financial statements in 

accordance with U.S. generally accepted accounting principles; this includes the design, implementation, 

and maintenance of internal control relevant to the preparation and fair presentation of financial 

statements that are free from material misstatement, whether due to fraud or error.

Auditor’s Responsibility

Our responsibility is to express an opinion on these financial statements based on our audit. We 

conducted our audit in accordance with U.S. generally accepted government auditing standards and the 

standards applicable to financial audits contained in Government Auditing Standards, issued by the 

Comptroller General of the United States; and the Office of Management and Budget (OMB) Bulletin No. 

15-02, Audit Requirements for Federal Financial Statement. Those standards and OMB Bulletin No. 15-

02, require that we plan and perform the audit to obtain reasonable assurance about whether the financial 

statements are free from material misstatements.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in 

the financial statements. The procedures selected depend on the auditor’s judgment, including the 

assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. 

In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation 

and fair presentation of the financial statements in order to design audit procedures that are appropriate in 

the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s 

internal control. Accordingly, we express no such opinion. An audit includes test of compliance with 

provisions of applicable laws, regulations, contracts, and grant agreements that have a direct effect on the 

determination of material amounts and disclosure in the financial statements. The purpose was not to 

provide an opinion on compliance with provisions of applicable laws, regulations, contracts and grant 

agreements and, therefore, we do not express such opinion. An audit also includes evaluating the 

appropriateness of accounting policies used and the reasonableness of significant accounting estimates 

made by management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for 

our audit opinion.
26

Opinion on the Financial Statements

In our opinion, the financial statements referred to above present fairly, in all material respects, the 

financial position of OSHRC as of September 30, 2015 and 2014, and its net costs, changes in net 

position, and budgetary resources for the years then ended, in accordance with U.S. generally accepted 

accounting principles. 

Other Matters

Required Supplementary Information

U.S. generally accepted accounting principles require that the information in the Management’s 

Discussion and Analysis (MD&A) and Required Supplementary Information (RSI) sections be presented 

to supplement the basic financial statements. Such information, although not a part of the basic financial 

statements, is required by the Federal Accounting Standards Advisory Board, who considers it to be an 

essential part of financial reporting for placing the basic financial statements in an appropriate 

operational, economic, or historical context. We have applied certain limited procedures to the required 

supplementary information in accordance with U.S. generally accepted government auditing standards, 

which consisted of inquiries of management about the methods of preparing the information and 

comparing the information for consistency with management’s responses to our inquiries, the basic 

financial statements, and other knowledge we obtained during our audit of the basic financial statements. 

We do not express an opinion or provide any assurance on the information because the limited procedures 

do not provide us with sufficient evidence to express an opinion or provide any assurance.

Other Information

Our audits were conducted for the purpose of forming an opinion on the financial statements as a whole. 

The Message From Acting Chair and the Other Information sections are presented for purposes of 

additional analysis and are not a required part of the financial statements. Such information has not been 

subjected to the auditing procedures applied in the audits of the financial statements, and accordingly, we 

do not express an opinion or provide any assurance on it.

Report on Internal Control Over Financial Reporting

In planning and performing our audit of the financial statements, we considered OSHRC’s internal 

control over financial reporting (internal control) to design the financial statements, but not for the 

purpose of providing an opinion on internal control. Accordingly, we do not express such an opinion.

A deficiency in internal control exists when the design or operation of a control does not allow 

management or employees, in the normal course of performing their assigned functions, to prevent, or 

detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or combination 

of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement 

of the entity’s financial statements will not be prevented or detected and corrected on a timely basis. A 

significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less 

severe than a material weakness, yet important enough to merit attention by those charged with 

governance.
27

Our consideration of the internal control was for the limited purpose described in the first paragraph of 

this section and was not designed to identify all deficiencies in internal control that might be deficiencies, 

significant deficiencies or material weaknesses. During the audit of the financial statements no 

deficiencies in internal control were identified that were considered to be a material weakness. However, 

material weaknesses may exist that have not been identified.

Report on Compliance and Other Matters

As part of obtaining reasonable assurance about whether OSHRC’s financial statements are free from 

material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, 

contracts and grant agreements, noncompliance with which could have a direct and material effect on the 

determination of financial statement amounts. We limited our tests of compliance to the provisions 

described in the preceding sentence, and we did not test compliance with all laws, regulations and 

contracts applicable to OSHRC. The objective was not to provide an opinion on compliance with 

provisions of laws, regulations, contracts and grant agreements and therefore, we do not express such an 

opinion. The results of our tests disclosed no instances of noncompliance or other matters that are 

required to be reported under Government Auditing Standards or OMB Bulletin No. 15-02.

Management’s Responsibility for Internal Control and Compliance

OSHRC’s management is responsible for (1) evaluating effectiveness of internal control over financial 

reporting based on criteria established under the Federal Managers Financial Integrity Act (FMFIA), (2) 

providing a statement of assurance on the overall effectiveness of internal control over financial reporting, 

and (3) ensuring compliance with other applicable laws and regulations.

Auditor’s Responsibilities

We are responsible for (1) obtaining a sufficient understanding of internal control over financial reporting

to plan the audit, (2) testing compliance with certain provisions of laws and regulations that have a direct 

and material effect on the financial statements and applicable laws for which OMB Bulletin No. 15-02 

requires testing, and (3) applying certain limited procedures with respect to the MD&A and other RSI.

We did not evaluate all internal controls relevant to operating objectives as broadly established by the 

FMFIA, such as those controls relevant to preparing statistical reports and ensuring efficient operations. 

We limited our internal control testing to testing internal control over financial reporting. Because of 

inherent limitations in internal control, misstatements due to error or fraud, losses, or noncompliance may 

nevertheless occur and not be detected. We also caution that projecting our audit results to future periods 

is subject to risk that controls may become inadequate because of changes in conditions or that the degree 

of compliance with controls may deteriorate. In addition, we caution that our internal control testing may 

not be sufficient for other purposes.

We did not test compliance with all laws and regulations applicable to OSHRC. We limited our tests of 

compliance to certain provisions of laws and regulations that have a direct and material effect on the 

financial statements and those required by OMB Bulletin No. 15-02 that we deemed applicable to 

OSHRC’s financial statements for the fiscal year ended September 30, 2015. We caution that 

noncompliance with laws and regulations may occur and not be detected by these tests and that such 

testing may not be sufficient for other purposes. 
28

Purpose of the Report on Internal Control over Financial Reporting and the Report on Compliance 

and Other Matters

The purpose of the Report on Internal Control over Financial Reporting and the Report on Compliance 

and Other Matters sections of this report is solely to describe the scope of our testing of internal control 

and compliance and the result of that testing, and not to provide an opinion on the effectiveness of 

OSHRC’s internal control or on compliance. These reports are an integral part of an audit performed in 

accordance with Government Auditing Standards in considering OSHRC’s internal control and 

compliance. Accordingly, these reports are not suitable for any other purpose.

This report is intended solely for the information and use of the management of OSHRC, OMB, and 

Congress, and is not intended to be, and should not be, used by anyone other than these specified parties.

Largo, Maryland

November 10, 2015
FINANCIAL STATEMENTS AND NOTES
The accompanying notes are an integral part of these financial statements.

29

2015 2014

Assets:

Intragovernmental

Fund Balance With Treasury (Note 2) $ 2,758,897 $ 3,013,067

Total Intragovernmental 2,758,897 3,013,067

Accounts Receivable, Net (Note 3) 1,440 -

Property, Equipment, and Software, Net (Note 4) 4,250 21,249

Total Assets $ 2,764,587 $ 3,034,316

Liabilities:

Intragovernmental

Accounts Payable $ - $ 20,000

Other (Note 6) 52,751 53,286

Total Intragovernmental 52,751 73,286

Accounts Payable 170,221 149,541

Other (Note 6) 613,426 651,707

Total Liabilities (Note 5) $ 836,398 $ 874,534

Net Position:

Unexpended Appropriations - Other Funds $ 2,343,852 $ 2,598,920

Cumulative Results of Operations - Other Funds (415,663) (439,138)

Total Net Position $ 1,928,189 $ 2,159,782

Total Liabilities and Net Position $ 2,764,587 $ 3,034,316

BALANCE SHEET

AS OF SEPTEMBER 30, 2015 AND 2014

(In Dollars)

OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION
The accompanying notes are an integral part of these financial statements.

30 2015 2014

Program Costs:

Administrative Law Judge $ 6,018,077 $ 5,642,380

Commission 6,203,850 6,112,579

Net Cost of Operations (Note 8) $ 12,221,927 $ 11,754,959

STATEMENT OF NET COST

FOR THE YEARS ENDED SEPTEMBER 30, 2015 AND 2014

(In Dollars)

OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION
The accompanying notes are an integral part of these financial statements.

31

2015 2014

Cumulative Results of Operations:

Beginning Balances $ (439,138) $ (487,038)

Budgetary Financing Sources:

Appropriations Used $ 11,755,122 $ 11,209,876

Other Financing Sources (Non-Exchange):

Imputed Financing Sources (Note 10) 490,280 592,983

Total Financing Sources 12,245,402 11,802,859

Net Cost of Operations (12,221,927) (11,754,959)

Net Change 23,475 47,900

Cumulative Results of Operations $ (415,663) $ (439,138)

Unexpended Appropriations:

Beginning Balances $ 2,598,920 $ 3,079,491

Budgetary Financing Sources:

Appropriations Received $ 11,639,000 $ 11,411,000

Other Adjustments (138,946) (681,695)

Appropriations Used (11,755,122) (11,209,876)

Total Budgetary Financing Sources $ (255,068) $ (480,571)

Total Unexpended Appropriations $ 2,343,852 $ 2,598,920

Net Position $ 1,928,189 $ 2,159,782

OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION

STATEMENT OF CHANGES IN NET POSITION

FOR THE YEARS ENDED SEPTEMBER 30, 2015 AND 2014

(In Dollars)
The accompanying notes are an integral part of these financial statements.

32

2015 2014

Budgetary Resources:

Unobligated Balance Brought Forward, October 1 $ 828,647 $ 1,189,603

Recoveries of Prior Year Unpaid Obligations 138,693 144,387

Other changes in unobligated balance (138,946) (681,695)

Unobligated balance from prior year budget authority, net 828,394 652,295

Appropriations 11,639,000 11,411,000

Spending authority from offsetting collections 1,988 870

Total Budgetary Resources $ 12,469,382 $ 12,064,165

Status of Budgetary Resources:

Obligations Incurred (Note 11) $ 11,620,011 $ 11,235,518

Unobligated balance, end of year:

 Apportioned (Note 2) 123,187 230,159

 Unapportioned (Note 2) 726,184 598,488

Total unobligated balance, end of year 849,371 828,647

Total Budgetary Resources $ 12,469,382 $ 12,064,165

Change in Obligated Balance

 Unpaid Obligations:

Unpaid Obligations, Brought Forward, October 1 $ 2,184,420 $ 2,196,787

Obligations Incurred (Note 11) 11,620,011 11,235,518

Outlays (gross) (11,756,212) (11,103,498)

Recoveries of Prior Year Unpaid Obligations (138,693) (144,387)

Unpaid Obligations, End of Year (Gross) $ 1,909,526 $ 2,184,420

Budget Authority and Outlays, Net:

Budget authority, gross $ 11,640,988 $ 11,411,870

Actual offsetting collections (1,988) (870)

Budget Authority, net, (total) $ 11,639,000 $ 11,411,000

Outlays, gross $ 11,756,212 $ 11,103,498

Actual offsetting collections (1,988) (870)

Agency outlays, net $ 11,754,224 $ 11,102,628

OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION

STATEMENT OF BUDGETARY RESOURCES

FOR THE YEARS ENDED SEPTEMBER 30, 2015 AND 2014

(In Dollars)
33

U.S. OCCUPATIONAL SAFETY AND HEALTH REVIEW

COMMISSION

NOTES TO THE FINANCIAL STATEMENTS

NOTE 1. SUMMARY OF SIGNIFICANT

ACCOUNTINGPOLICIES

A. Reporting Entity

The Occupational Safety and Health Review

Commission (The Review Commission) is an

independent, adjudicatory agency created by

the Occupational Safety and Health Act

(OSHA) of 1970. Its sole statutory mandate is

to serve as an administrative court providing

just and expeditious resolution of disputes

involving OSHA, employers charged with

violations of Federal safety and health

standards, and employees and/or their

representatives. The Review Commission was

created by Congress as an agency completely

independent of the U.S. Department of Labor

(DOL) to ensure that OSHA’s enforcement

actions are carried out in accordance with the

law and that all parties are treated consistent

with due process should a dispute arise.

The Review Commission reporting entity is

comprised of General Funds and General

MiscellaneousReceipts.

General Funds are accounts used to record

financial transactions arising under

congressional appropriations or other

authorizations to spend general revenues.

General Fund Miscellaneous Receipts are

accounts established for receipts of nonrecurring activity, such as miscellaneous

receipts for services and benefits.

The Review Commission receives custodial

collections and holds custodial receivables that

are non-entity assets and are transferred to

Treasury at fiscal year-end.

The Review Commission has rights and

ownership of all assets reported in these

financial statements. The Review Commission

does not possess any non-entity assets.

B. Basis of Presentation

The financial statements have been prepared to

report the financial position and results of

operations of the Review Commission. The

Balance Sheet presents the financial position

of the agency. The Statement of Net Cost

presents the agency’s operating results; the

Statement of Changes in Net Position displays

the changes in the agency’s equity accounts.

The Statement of Budgetary Resources

presents the sources, status, and uses of the

agency’s resources and follows the rules for

the Budget of the United States Government.

The statements are a requirement of the Chief

Financial Officers Act of 1990 and the

Government Management Reform Act of 

1994. They have been prepared from, and are

fully supported by, the books and records of

the Review Commission in accordance with

the hierarchy of accounting principles

generally accepted in the United States of

America, standards issued by the Federal

Accounting Standards Advisory Board

(FASAB), Office of Management and Budget

(OMB) Circular A-136, Financial Reporting

Requirements, as amended, and the Review

Commission’s accounting policies which are

summarized in this note. These statements,

with the exception of the Statement of

Budgetary Resources, are different from

financial management reports, which are also

prepared pursuant to OMB directives that are

used to monitor and control the Review

Commission’s use of budgetary resources.

The financial statements and associated notes

are presented on a comparative basis. Unless

specified otherwise, all amounts are presented

in dollars.
34

C. Basis of Accounting

Transactions are recorded on both an accrual

accounting basis and a budgetary basis. Under

the accrual method, revenues are recognized

when earned, and expenses are recognized

when a liability is incurred, without regard to

receipt or payment of cash. Budgetary

accounting facilitates compliance with legal

requirements on the use of federal funds.

D. Fund Balance with Treasury

Fund Balance with Treasury is the aggregate

amount of the Review Commission’s funds

with Treasury in expenditure and receipt

fund accounts. Appropriated funds recorded

in expenditure accounts are available to pay

current liabilities and finance authorized

purchases.

The Review Commission does not maintain

bank accounts of its own, has no disbursing

authority, and does not maintain cash held

outside of Treasury. Treasury disburses funds

for the agency on demand.

E. AccountsReceivable

Accounts receivable may consist of amounts

owed to the Review Commission by other

Federal agencies and the general public.

Amounts due from Federal agencies are

considered fully collectible. Accounts

receivable from the public include

reimbursements from employees. An

allowance for uncollectible accounts

receivable from the public is established when,

based upon a review of outstanding accounts

and the failure of all collection efforts,

management determines that collection is

unlikely to occur considering the debtor’s

ability to pay.

F. Property, Equipment, and Software

Property, equipment and software represent

furniture, fixtures, equipment, and information

technology hardware and software which are

recorded at original acquisition cost and are

depreciated or amortized using the straight-line

method over their estimated useful lives.

Major alterations and renovations are

capitalized, while maintenance and repair costs

are expensed as incurred. The Review

Commission’s capitalization threshold is

$50,000 for individual purchases and $50,000

for bulk purchases. Property and equipment

acquisitions that do not meet the capitalization

criteria are expensed upon receipt. Applicable

standard governmental guidelines regulate the

disposal and convertibility of agency property,

equipment, and software. The useful life

classifications for capitalized assets are as

follows:

Description Useful Life (years)

Office Furniture 7

Office Equipment 5

G. Advances and Prepaid Charges

Advance payments are generally prohibited by

law. There are some exceptions, such as

reimbursable agreements, subscriptions and

payments to contractors and employees.

Payments made in advance of the receipt of

goods and services are recorded as advances or

prepaid charges at the time of prepayment and

recognized as expenses when the related goods

and services are received.

H. Liabilities

Liabilities represent the amount of funds likely

to be paid by the Review Commission as a

result of transactions or events that have

already occurred.

The Review Commission reports its liabilities

under two categories, Intragovernmental and

With the Public. Intragovernmental liabilities

represent funds owed to another government

agency. Liabilities with the Public represent

funds owed to any entity or person that is not a

federal agency, including private sector firms

and federal employees. Each of these

categories may include liabilities that are

covered by budgetary resources and liabilities

not covered by budgetary resources.
35

Liabilities covered by budgetary resources are

liabilities funded by a current appropriation or

other funding source. These consist of accounts

payable and accrued payroll and benefits.

Accounts payable represent amounts owed to

another entity for goods ordered and received

and for services rendered except for

employees. Accrued payroll and benefits

represent payroll costs earned by employees

during the fiscal year which are not paid until

the next fiscal year.

Liabilities not covered by budgetary resources

are liabilities that are not funded by any

current appropriation or other funding source.

These liabilities consist of accrued annual

leave and unemployment insurance.

I. Annual, Sick, and Other Leave

Annual leave is accrued as it is earned, and the

accrual is reduced as leave is taken. The

balance in the accrued leave account is adjusted

to reflect current pay rates. Liabilities

associated with other types of vested leave,

including compensatory, restored leave, and

sick leave in certain circumstances, are accrued

at year-end, based on latest pay rates and

unused hours of leave. Funding will be

obtained from future financing sources to the

extent that current or prior year appropriations

are not available to fund annual and other types

of vested leave earned but not taken. Nonvested leave is expensed when used. Any

liability for sick leave that is accrued but not

taken by a Civil Service Retirement System

(CSRS)-covered employee is transferred to the

Office of Personnel Management (OPM) upon

the retirement of that individual. Credit is given

for sick leave balances in the computation of

annuities upon the retirement of Federal

Employees Retirement System (FERS)-covered

employees effective at 50% for the 1st quarter of 

FY 2014 and 100% thereafter.

J. Accrued and Actuarial Workers’

Compensation

The Federal Employees' Compensation Act

(FECA) administered by the DOL addresses

all claims brought by the Review Commission

employees for on-the-job injuries. The DOL

bills each agency annually as its claims are paid,

but payment of these bills is deferred for two

years to allow for funding through the budget

process. Similarly, employees that the Review

Commission terminates without cause may

receive unemployment compensation benefits

under the unemployment insurance program

also administered by the DOL, which bills each

agency quarterly for paid claims. Future

appropriations will be used for the

reimbursement to DOL. The liability consists of

(1) the net present value of estimated future

payments calculated by the DOL and (2) the

unreimbursed cost paid by DOL for

compensation to recipients under the FECA.

K. Retirement Plans

The Review Commission employees

participate in either the CSRS or the FERS.

The employees who participate in CSRS are

beneficiaries of the Review Commission

matching contribution, equal to seven percent

of pay, distributed to their annuity account in

the Civil Service Retirement and Disability

Fund.

Prior to December 31, 1983, all employees

were covered under the CSRS program. From

January 1, 1984 through December 31, 1986,

employees had the option of remaining under

CSRS or joining FERS and Social Security.

Employees hired as of January 1, 1987 are

automatically covered by the FERS program.

Both CSRS and FERS employees may

participate in the federal Thrift Savings Plan

(TSP). FERS employees receive an automatic

agency contribution equal to one percent of

pay and the Review Commission matches any

employee contribution up to an additional four

percent of pay. For FERS participants, the

Review Commission also contributes the

employer’s matching share of Social Security.

FERS employees and certain CSRS

reinstatement employees are eligible to

participate in the Social Security program after

retirement. In these instances, the Review

Commission remits the employer’s share of the

required contribution.
36

The Review Commission recognizes the

imputed cost of pension and other retirement

benefits during the employees’ active years of

service. OPM actuaries determine pension cost

factors by calculating the value of pension

benefits expected to be paid in the future and

communicate these factors to the Review

Commission for current period expense

reporting. OPM also provides information

regarding the full cost of health and life

insurance benefits. The Review Commission

recognized the offsetting revenue as imputed

financing sources to the extent these expenses

will be paid by OPM.

The Review Commission does not report on its

financial statements information pertaining to

the retirement plans covering its employees.

Reporting amounts such as plan assets,

accumulated plan benefits, and related

unfunded liabilities, if any, is the responsibility

of the OPM, as the administrator.

L. Other Post-Employment Benefits

The Review Commission employees eligible to

participate in the Federal Employees' Health

Benefits Plan (FEHBP) and the Federal

Employees' Group Life Insurance Program

(FEGLIP) may continue to participate in these

programs after their retirement. The OPM has

provided the Review Commission with certain

cost factors that estimate the true cost of

providing the post-retirement benefit to current

employees. The Review Commission

recognizes a current cost for these and Other

Retirement Benefits (ORB) at the time the

employee's services are rendered. The ORB

expense is financed by OPM, and offset by the

Review Commission through the recognition

of an imputed financing source.

M. Use of Estimates

The preparation of the accompanying financial

statements in accordance with generally

accepted accounting principles requires 

management to make certain estimates and

assumptions that affect the reported amounts

of assets, liabilities, revenues, and expenses.

Actual results could differ from those

estimates.

N. Imputed Costs/Financing Sources

Federal Government entities often receive

goods and services from other Federal

Government entities without reimbursing the

providing entity for all the related costs. In

addition, Federal Government entities also

incur costs that are paid in total or in part by

other entities. An imputed financing source is

recognized by the receiving entity for costs that

are paid by other entities. The Review

Commission recognized imputed costs and

financing sources in fiscal years 2015 and

2014 to the extent directed by accounting

standards.

O. Reclassification

Certain fiscal year 2014 balances have been 

reclassified, retitled, or combined with other 

financial statement line items for consistency 

with the current year presentation.
37

NOTE 2. FUND BALANCE WITH TREASURY

Fund balance with Treasury account balances as of September 30, 2015 and 2014 were as follows:

2015 2014

Fund Balances:

Appropriated Funds $ 2,758,897 $ 3,013,067 

Total $ 2,758,897 $ 3,013,067 

Status of Fund Balance with Treasury:

Unobligated Balance

 Available $ 123,187 $ 230,159 

 Unavailable 726,184 598,488 

Obligated Balance Not Yet Disbursed 1,909,526 2,184,420 

Total $ 2,758,897 $ 3,013,067 

No discrepancies exist between the Fund Balance reflected on the Balance Sheet and the balances in

the Treasury accounts.

The available unobligated fund balances represent the current-period amount available for

obligation or commitment. At the start of the next fiscal year, this amount will become part of the

unavailable balance as described in the following paragraph.

The unavailable unobligated fund balances represent the amount of appropriations for which the

period of availability for obligation has expired. These balances are available for upward

adjustments of obligations incurred only during the period for which the appropriation was

available for obligation or for paying claims attributable to the appropriations.

The obligated balance not yet disbursed includes accounts payable, accrued expenses, and

undelivered orders that have reduced unexpended appropriations but have not yet decreased the

fund balance on hand (see Note 11).

NOTE 3. ACCOUNTS RECEIVABLE

Accounts receivable balances as of September 30, 2015 and 2014 were as follows:

2015 2014

With the Public

Accounts Receivable $ 1,440 $ -

Total Accounts Receivable $ 1,440 $ -

The accounts receivable is primarily made up of employee receivables.

Historical experience has indicated that the majority of the receivables are collectible. There are

no material uncollectible accounts as of September 30, 2015 or 2014.
38

NOTE 4. PROPERTY, EQUIPMENT, AND SOFTWARE

Schedule of Property, Equipment, and Software as of September 30, 2015:

Major Class Acquisition Cost

Accumulated 

Amortization/D

epreciation Net Book Value

Furniture & Equipment $ 441,237 $ 436,987 $ 4,250

Total $ 441,237 $ 436,987 $ 4,250

Schedule of Property, Equipment, and Software as September 30, 2014:

Major Class Acquisition Cost

Accumulated 

Amortization/D

epreciation Net Book Value

Furniture & Equipment $ 441,237 $ 419,988 $ 21,249

Total $ 441,237 $ 419,988 $ 21,249

NOTE 5. LIABILITIES NOT COVERED BY BUDGETARY RESOURCES

The liabilities for the Review Commission as of September 30, 2015 and 2014 include

liabilities not covered by budgetary resources. Congressional action is needed before budgetary

resources can be provided. Although future appropriations to fund these liabilities are likely and

anticipated, it is not certain that appropriations will be enacted to fund these liabilities.

2015 2014

Intragovernmental – Unemployment Insurance $ 7,476 $ 3,841

Unfunded Leave 413,876 456,546

Total Liabilities Not Covered by Budgetary Resources $ 421,352 $ 460,387

Total Liabilities Covered by Budgetary Resources 415,045 414,147

Total Liabilities $ 836,397 $ 874,534

Unemployment Insurance liabilities represent the unfunded liability for actual unemployment

benefits paid on the Review Commission’s behalf and payable to the DOL.

Unfunded leave represents a liability for earned leave and is reduced when leave is taken. The

balance in the accrued annual leave account is reviewed quarterly and adjusted as needed to

accurately reflect the liability at current pay rates and leave balances. Accrued annual leave is

paid from future funding sources and, accordingly, is reflected as a liability not covered by

budgetary resources. Sick and other leave is expensed as taken.
39

NOTE 6. OTHER LIABILITIES

Other liabilities account balances as of September 30, 2015 were as follows:

Current Total

Intragovernmental

Unemployment Insurance Liability $ 7,476 $ 7,476

Payroll Taxes Payable 45,275 45,275

Total Intragovernmental Other Liabilities $ 52,751 $ 52,751

With the Public

 Payroll Taxes Payable $ 7,740 $ 7,740

 Accrued Funded Payroll and Leave 191,810 191,810

 Unfunded Leave 413,876 413,876

Total Public Other Liabilities $ 613,426 $ 613,426

Other liabilities account balances as of September 30, 2014 were as follows:

Current Total

Intragovernmental

FECA Liability $ 5,385 $ 5,385

Unemployment Insurance Liability 3,841 3,841

Payroll Taxes Payable 44,060 44,060

Total Intragovernmental Other Liabilities $ 53,286 $ 53,286

With the Public

 Payroll Taxes Payable $ 6,747 $ 6,747

 Accrued Funded Payroll and Leave 188,414 188,414

 Unfunded Leave 456,546 456,546

Total Public Other Liabilities $ 651,707 $ 651,707
40

NOTE 7. LEASES

Operating Leases

The Review Commission occupies office space under lease agreements that are accounted for as

operating leases. Annual rent for each location is charged by the General Services

Administration (GSA), which acts as the leasing agent for the Review Commission. The lease

locations and terms are listed below.

Location Term Lease Expiration Date

Atlanta, GA 116 months 09/30/2023

Denver, CO 53 months 09/30/2018

Washington, DC 60 months 04/23/2018

Lease payments are increased annually based on the adjustments for operating cost and real estate

tax escalations. Below is a schedule of future payments for the term of the lease.

Fiscal Year Building

2016 $ 1,511,956 

2017 1,528,438 

2018 985,863 

2019 46,765 

2020 30,340 

Thereafter 94,965 

Total Future Payments $ 4,198,327 

The operating lease amount does not include estimated payments for leases with annual renewal

options.
41

NOTE 8. INTRAGOVERNMENTAL COSTS AND EXCHANGE REVENUE

Intragovernmental costs and revenue represent exchange transactions between the Review

Commission and other federal government entities and are in contrast to those with non-federal

entities (the public). Such costs and revenue are summarized as follows:

2015 2014

Administrative Law Judge

 Intragovernmental Costs $ 1,979,341 $ 1,736,922

 Public Costs 4,038,736 3,905,458

 Net Program Costs $ 6,018,077 $ 5,642,380

Commission

 Intragovernmental Costs $ 2,040,442 $ 1,881,665

 Public Costs 4,163,408 4,230,914

 Net Program Costs $ 6,203,850 $ 6,112,579

Total Intragovernmental costs $ 4,019,784 $ 3,618,587

Total Public costs 8,202,144 8,136,372

Total Net Cost $ 12,221,927 $ 11,754,959

NOTE 9. BUDGETARY RESOURCE COMPARISONS TO THE BUDGET OF THE

UNITED STATES GOVERNMENT

The President’s Budget that will include fiscal year 2015 actual budgetary execution information has

not yet been published. The President’s Budget is scheduled for publication in February 2016 and can

be found at the OMB Web site: http://www.whitehouse.gov/omb/. The 2016 Budget of the United

States Government, with the "Actual" column completed for 2014, has been reconciled to the

Statement of Budgetary Resources and there were no material differences.

NOTE 10. IMPUTED FINANCING SOURCES

The Review Commission recognizes as imputed financing the amount of accrued pension and postretirement benefit expenses for current employees. The assets and liabilities associated with such 

benefits are the responsibility of the administering agency, OPM. For the fiscal years ended September 

30, 2015 and 2014, respectively, imputed financing was as follows:

2015 2014

Office of Personnel Management $ 490,280 $ 592,983 

Total Imputed Financing Sources $ 490,280 $ 592,983 
42

NOTE 11. APPORTIONMENT CATEGORIES OF OBLIGATIONS INCURRED

Obligations incurred and reported in the Statement of Budgetary Resources in 2015 and 2014

consisted of the following:

2015 2014

Direct Obligations, Category A $ 11,620,011 $ 11,235,518

Total Obligations Incurred $ 11,620,011 $ 11,235,518

Category A apportionments distribute budgetary resources by fiscal quarters.

NOTE 12. UNDELIVERED ORDERS AT THE END OF THE PERIOD

As of September 30, 2015 and 2014, budgetary resources obligated for undelivered orders amounted to

$1,494,481 and $1,770,274, respectively.

NOTE 13. CUSTODIAL ACTIVITY

The Review Commission is an administrative agency collecting for another entity or the General

Fund. As a collecting entity, the Review Commission measures and reports cash collections and

refunds. The type of cash collected primarily consists of Freedom of Information Act fees.

While these collections are considered custodial, they are neither primary to the mission of the

Review Commission nor material to the overall financial statements. The Review Commission's total

custodial collections are $169 and $0 for the y e a r s ended September 30, 2015 and 2014, 

respectively.

NOTE 14. RECONCILIATION OF NET COST OF OPERATIONS TO BUDGET

The Review Commission has reconciled its budgetary obligations and non-budgetary resources

available to its net cost of operations.

2015 2014

Resources Used to Finance Activities:

Budgetary Resources Obligated

Obligations Incurred $ 11,620,011 $ 11,235,518

Spending Authority From Offsetting Collections and Recoveries (140,681) (145,257)

Net Obligations 11,479,330 11,090,261

Other Resources

Imputed Financing From Costs Absorbed By Others 490,280 592,983

Total Resources Used to Finance Activities 11,969,610 11,683,244

Resources Used to Finance Items Not Part of the Net Cost of Operations 233,123 50,874

Total Resources Used to Finance the Net Cost of Operations 12,202,733 11,734,118

Components of the Net Cost of Operations That Will Not Require or

Generate Resources in the Current Period: 19,194 20,841

Net Cost of Operations $ 12,221,927 $ 11,754,959