OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

FREEDOM OF INFORMATION ACT (FOIA) REPORT 

FISCAL YEAR 2009 

I. Basic Information Regarding Report 

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

questions about this report: 

Jennifer D. Marr, Attorney-Advisor 

Occupational Safety and Health Review Commission 

Office of the General Counsel 

1120 - 20th St., NW, 9th Floor 

Washington, DC 20036-3457 

(202) 606-5410 

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

http://www.oshrc.gov/foia/foia_annual_reports.html

This report can be found in the “FOIA” section of the agency’s Web site. 

3. Address for requesting paper copies of this report: 

Jennifer D. Marr, Attorney-Advisor 

Occupational Safety and Health Review Commission 

Office of the General Counsel 

1120 - 20th St., NW, 9th Floor 

Washington, DC 20036-3457 

II. Making a FOIA Request 

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

www.oshrc.gov, click on the “FOIA” section, and then click on the “The Freedom of 

Information Act Reference Guide” or type http://www.oshrc.gov/foia/foiaguide.html in 

your browser. 

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

receive FOIA requests: 

Occupational Safety and Health Review Commission 

FOIA Requester Service Center* 

1120 - 20th St., NW, 9th Floor 

Washington, DC 20036-3457 

(202) 606-5410 

*OSHRC centrally processes all FOIA requests. 

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

general categories of the agency’s records to which the FOIA exemptions apply: 

Some requests are not granted because no record responsive to the request is located. 

Requests are also not granted because the request is for records not held by this agency and 

has to be referred to the proper agency. Some requests are not granted because the records 

requested are protected by one of the nine exemptions specified in the FOIA. Certain 

general categories of this agency’s records to which the FOIA exemptions may apply 
2

include: OSHRC case files, OSHRC adjudicatory deliberations files, and OSHRC 

personnel files. 

III. Acronyms, Definitions, and Exemptions 

1. Agency-specific acronyms or other terms: 

OSHRC, for Occupational Safety and Health Review Commission. 

2. Terms used in this Report: 

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

administrative level a FOIA determination made by the agency at the initial request 

level. 

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

by the quantity of numbers in the group. For example, of 3, 7, and 14, the average 

number is 8. 

c. Backlog – the number of requests or administrative appeals that are pending at an 

agency at the end of the fiscal year that are beyond the statutory time period for a 

response. 

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

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

Center, or Directorate, within the agency that processes FOIA requests. The FOIA 

now requires that agencies include in their Annual FOIA Report data for both the 

agency overall and for each principal component of the agency. 

e. Consultation – the procedure whereby the agency responding to a FOIA request first 

forwards a record to another agency for its review because that other agency has an 

interest in the document. Once the agency in receipt of the consultation finishes its 

review of the record, it responds back to the agency that forwarded it. That agency, in 

turn, will then respond to the FOIA requester. 

f. Exemption 3 Statute – a federal statute that exempts information from disclosure and 

which the agency relies on to withhold information under subsection (b)(3) of the 

FOIA. 

g. FOIA Request – a FOIA request is generally a request to a federal agency for access 

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

organization, or a particular topic of interest. FOIA requests also include requests 

made by requesters seeking records concerning themselves (i.e., “first-party” requests) 

when those requesters are not subject to the Privacy Act, such as non-U.S. citizens. 

Moreover, because all first-party requesters should be afforded the benefit of both the 

access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also 

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

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

agency looks to FOIA to afford the greatest possible access. All requests which require 

the agency to utilize the FOIA in responding to the requester are included in this 

Report. Additionally, a FOIA request includes records referred to the agency for 

processing and direct response to the requester. It does not, however, include records 

for which the agency has received a consultation from another agency. (Consultations 

are reported separately in Section XII of this Report.) 

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

request. 
3

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

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

FOIA exemptions, or because of a procedural reason, such as when no records could be 

located. 

j. Median Number – the middle, not average, number. For example, of 3, 7, and 14, the 

median number is 7. 

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

minimal review are placed in one processing track and more voluminous and complex 

requests are placed in one or more other tracks. Requests granted expedited processing 

are placed in yet another track. Requests in each track are processed on a first in/first 

out basis. 

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

expedited basis when a requester satisfies the requirements for 

expedited processing as set forth in the statute and in agency 

regulations. 

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

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

volume and/or simplicity of the records requested. 

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

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

complexity of the records requested. 

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

disclose portions of the records and to withhold other portions that are exempt under 

the FOIA, or to otherwise deny a portion of the request for a procedural reason. 

m. Pending Request or Pending Administrative Appeal – a request or administrative 

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

n. Perfected Request – a request for records which reasonably describes such records 

and is made in accordance with published rules stating the time, place, fees (if any) and 

procedures to be followed. 

o. Processed Request or Processed Administrative Appeal – a request or 

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

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

requests or administrative appeals. 

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

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

3. Descriptions of the Nine FOIA Exemptions: 

a. Exemption 1: classified national defense and foreign relations information 

b. Exemption 2: internal agency rules and practices 

c. Exemption 3: information that is prohibited from disclosure by another federal 

law 

d. Exemption 4: trade secrets and other confidential business information 

e. Exemption 5: inter-agency or intra-agency communications that are protected by 

legal privileges 

f. Exemption 6: information involving matters of personal privacy 

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

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

interfere with enforcement proceedings, (B) would deprive a person of a right to a fair 
4

trial or an impartial adjudication, (C) could reasonably be expected to constitute an 

unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose 

the identity of a confidential source, (E) would disclose techniques and procedures for 

law enforcement investigations or prosecutions, or would disclose guidelines for law 

enforcement investigations or prosecutions, or (F) could reasonably be expected to 

endanger the life or physical safety of any individual 

h. Exemption 8: information relating to the supervision of financial institutions 

i. Exemption 9: geological information on wells 

 
5

IV. EXEMPTION 3 STATUTES 

A. Exemption 3 Statutes Relied upon to Withhold Information 

V. FOIA REQUESTS 

A. Received, Processed and Pending FOIA Requests 

Statute Type of Information 

Withheld Case Citation 

Total Number of 

Times Relied upon 

by OSHRC 

0 0 0 0 

 Number of 

Requests Pending 

as of Start of 

Fiscal Year 

Number of 

Requests Received 

in Fiscal Year 

Number of 

Requests 

Processed in 

Fiscal Year 

Number of 

Requests 

Pending as of 

End of Fiscal 

Year 

OSHRC 

OVERALL 5 58 57 6 
6

B. (1) Disposition of FOIA Requests – All Processed Requests 

Number 

of 

Full 

Grants 

Number 

of Partial 

Grants/ 

Partial 

Denials 

Number of 

Full Denials 

Based on 

Exemptions 

Number of Full Denials Based on Reasons Other than Exem

No 

Records 

All Records 

Referred to 

Another 

Component 

or Agency 

Request 

Withdrawn 

FeeRelated 

Reason 

Records 

not 

Reasonably 

Described 

Improper 

FOIA 

Request 

for Other 

Reason 

Not 

Agenc

Recor

OSHRC 

OVERALL 21 9 0 8 0 16 2 0 0 1 
7

B. (2) Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based 

on Reasons Other than Exemptions” from Section V, B (1) Chart 

B. (3) Disposition of FOIA Requests – Number of Times Exemptions Applied 

 

Component 

Description of “Other” Reasons 

for Denials from Chart B (1) 

& Number of Times Those 

Reasons Were Relied upon 

TOTAL 

OSHRC 

OVERALL 0 0 

 Ex.

1 

Ex.

2 

Ex. 

3 

Ex. 

4 

Ex. 

5 

Ex. 

6 

Ex. 

7(A) 

Ex. 

7(B) 

Ex. 

7(C) 

Ex. 

7(D) 

Ex. 

7(E) 

Ex. 

7(F) 

Ex.

8 

Ex.

9 

OSHRC 

OVERALL 0 0 0 1 4 6 3 0 0 0 0 0 0 0 
8

VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF 

FOIA REQUESTS

A. Received, Processed and Pending Administrative Appeals 

B. Disposition of Administrative Appeals – All Processed Appeals 

Number Affirmed 

on Appeal 

Number Partially 

Affirmed & Partially 

Reversed/Remanded 

on Appeal 

Number Completely 

Reversed/Remanded 

on Appeal 

Number of 

Appeals Closed 

for Other Reasons 

TOTAL 

0 0 0 0 0 

C. (1) Reasons for Denial on Appeal – Number of Times Exemptions Applied 

Ex.

1 

Ex.

2 

Ex. 

3 

Ex. 

4 

Ex. 

5 

Ex. 

6 

Ex. 

7(A) 

Ex. 

7(B) 

Ex. 

7(C) 

Ex. 

7(D) 

Ex. 

7(E) 

Ex. 

7(F) 

Ex.

8 

Ex.

9 

0 0 0 0 0 0 0 0 0 0 0 0 0 0 

Number of 

Appeals Pending 

as of Start of 

Fiscal Year 

Number of 

Appeals Received 

in Fiscal Year 

Number of 

Appeals 

Processed in 

Fiscal Year 

Number of 

Appeals Pending 

as of End of 

Fiscal Year 

0 0 0 0 
9

C. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions C. (3) Reasons for Denial on Appeal – “Other” Reasons from Section VI, C (2) Chart 

No 

Records 

Records 

Referred 

at Initial 

Request 

Level 

Request 

Withdrawn 

FeeRelated 

Reason 

Records 

not 

Reasonably 

Described 

Improper 

Request 

for Other 

Reasons 

Not 

Agency 

Record 

Duplicate 

Request 

or 

Appeal 

Request 

in 

Litigation

0 0 0 0 0 0 0 0 0 

Description of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times 

Those Reasons Were Relied upon 

TOTAL 

0 0 
10

C. (4) Response Time for Administrative Appeals C. (5) Ten Oldest Pending Administrative Appeals 

Median Number 

of Days 

Average Number 

of Days 

Lowest Number 

of Days 

Highest Num

of Days 

0 0 0 0 

Date of 

Receipt of 

Ten Oldest 

Appeals 

N/A N/A N/A N/A N/A N/A N/A N/A N/A 

Number of 

Days 

Pending 

0 0 0 0 0 0 0 0 0 

10th Oldest 

Appeal 9th 8th 7th 6th 5th 4th 3rd 2nd
11

VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTS

A. Processed Requests – Response Time for All Processed Perfected Requests 

SIMPLE COMPLEX EXPE

Median 

Number 

of Days 

Average Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

Average Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

AN

o

OSHRC 

OVERALL 8 9 < 1 20 28 28 28 28 5 

B. Processed Requests – Response Time for Perfected Requests in Which Information Was Granted 

SIMPLE COMPLEX EXP

Median 

Number 

of Days 

Average Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

Average Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

OSHRC 

OVERALL 10 9 < 1 20 28 28 28 28 5 
12

C. Processed Requests – Response Time in Day Increments 

Simple Requests 

< 1 

Day 

1-20 

Days 

21-

40 

Days 

41-

60 

Days 

61-80 

Days 

81-

100 

Days 

101-

120 

Days 

121-

140 

Days 

141-

160 

Days 

161-

180 

Days 

181-

200 

Days 

201-

300 

Days 

D

OSHRC 

OVERALL 3 52 0 0 0 0 0 0 0 0 0 0 

Complex Requests 

1-20 

Days 

21-40 

Days 

41-60 

Days 

61-80 

Days 

81-100 

Days 

101-120 

Days 

121-

140 

Days 

141-

160 

Days 

161-

180 

Days 

181-

200 

Days 

201-

300 

Days 

OSHRC 

OVERALL 0 1 0 0 0 0 0 0 0 0 0 

Requests Granted Expedited Processing 

1-20 

Days 

21-40 

Days 

41-60 

Days 

61-80 

Days 

81-100 

Days 

101-120 

Days 

121-

140 

Days 

141-

160 

Days 

161-

180 

Days 

181-

200 

Days 

201-

300 

Days 

OSHRC 

OVERALL 1 0 0 0 0 0 0 0 0 0 0 
D. Pending Requests – All Pending Perfected Requests 

E. Pending Requests – Ten Oldest Pending Perfected Requests 

SIMPLE COMPLEX EXPEDITED 

PROCESSING

Number 

Pending 

Median 

Number 

of Days 

Average 

Number 

of Days 

Number 

Pending 

Median 

Number 

of Days 

Average 

Number 

of Days 

Number 

Pending 

Median 

Number 

of Days 

Average 

Number 

of Days 

OSHRC 

OVERALL 4 5.5 7 0 0 0 0 0 0 

10th Oldest 

Request and 

Number of 

Days Pending

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

Oldest 

Request 

and 

Number 

of Days 

Pending

OSHRC 

Overall 

0 0 0 0 0 0 

9/28/09 

2 

9/24/09 

4 

9/21/09

7 

9/8/09 

16 
14

VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER 

A. Requests for Expedited Processing 

 

Number 

Granted 

 

Number 

Denied 

Median 

Number of 

Days to 

Adjudicate 

Average 

Number of 

Days to 

Adjudicate 

Number 

Adjudicated 

Within Ten 

Calendar Days

OSHRC 

OVERALL 1 0 5 5 1 

B. Requests for Fee Waiver 

 

 

Number 

Granted 

 

Number 

Denied 

Median 

Number of 

Days to 

Adjudicate 

Average 

Number of 

Days to 

Adjudicate 

OSHRC 

OVERALL 5 0 10 13 
15

IX. FOIA PERSONNEL AND COSTS 

X. FEES COLLECTED FOR PROCESSING REQUESTS 

Total Amount of Fees 

Collected Percentage of Total Costs 

OSHRC 

OVERALL $2,309.50 1.4% 

XI. FOIA REGULATIONS 

• The agency’s regulations implementing the FOIA, which include its fee schedule, can be 

found at 29 C.F.R. Part 2201 and at the agency’s Web site: 

http://www.oshrc.gov/foia/regs_implementing_foia.html

PERSONNEL COSTS 

Number of 

“Full-Time 

FOIA 

Employees” 

Number of 

“Equivalent 

Full-Time 

FOIA 

Employees” 

Total 

Number of 

“Full-Time 

FOIA Staff”

Processing 

Costs 

LitigationRelated 

Costs 

Total 

Costs 

OSHRC 

OVERALL 0 1.6 1.6 $166,172.11 0 $166,172.11
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XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS 

A. Backlogs of FOIA Requests and Administrative Appeals 

 

B. Consultations on FOIA Requests – Received, Processed, and Pending Consultations 

 

Number of Backlogged 

Requests as of End of 

Fiscal Year 

Number of Backlogged 

Appeals as of End of 

Fiscal Year 

OSHRC 

OVERALL 0 0 

 

Number of 

Consultations Received 

from Other Agencies 

that Were Pending at 

OSHRC as of Start of 

the Fiscal Year 

Number of 

Consultations 

Received from Other 

Agencies During the 

Fiscal Year

Number of 

Consultations Received 

from Other Agencies 

that Were Processed by 

OSHRC During the 

Fiscal Year

Number of 

Consultations Received 

from Other Agencies 

that Were Pending at 

OSHRC as of End of 

the Fiscal Year 

OSHRC 

OVERALL 0 0 0 0 
17

C. Consultations on FOIA Requests – Ten Oldest Consultations Received from Other 

Agencies and Pending at OSHRC 

D. Comparison of Numbers of Requests from Previous and Current Annual Report – Requests 

Received, Processed, and Backlogged 

10th Oldest 

Consultation 

and Number 

of Days 

Pending

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

Oldest 

Consultation 

and Number 

of Days 

OSHRC Pending

Overall 

0 0 0 0 0 0 0 0 0 0 

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED 

Number Received 

During Fiscal Year 

from Last Year’s 

Annual Report 

Number Received 

During Fiscal Year 

from Current 

Annual Report 

Number Processed 

During Fiscal Year 

from Last Year’s 

Annual Report 

Number Processed 

During Fiscal Year 

from Current 

Annual Report 

OSHRC 

OVERALL 78 58 74 57 

Number of Backlogged Requests 

as of End of the Fiscal Year from 

Previous Annual Report 

Number of Backlogged Requests 

as of End of the Fiscal Year from 

Current Annual Report 

OSHRC 

OVERALL 0 0 
18

 

E. Comparison of Numbers of Administrative Appeals from Previous and Current Annual 

Report – Appeals Received, Processed, and Backlogged 

NUMBER OF APPEALS RECEIVED NUMBER OF APPEALS PROCESSED

Number Received 

During Fiscal Year 

from Last Year’s 

Annual Report 

Number Received 

During Fiscal Year 

from Current 

Annual Report 

Number Processed 

During Fiscal Year 

from Last Year’s 

Annual Report 

Number Processed 

During Fiscal Year 

from Current 

Annual Report 

OSHRC 

OVERALL 0 0 0 0 

F. Discussion of Other FOIA Activities 

1. OSHRC is in the final stages of revising its FOIA regulations and FOIA Reference 

guide. 

2. OSHRC’s FOIA electronic reading room has been updated to include regular postings 

of its more highly visible cases. 

Number of Backlogged Appeals 

as of End of the Fiscal Year from 

Previous Annual Report 

Number of Backlogged Appeals as 

of End of the Fiscal Year from 

Current Annual Report 

OSHRC 

OVERALL 0 0