The U.S. Occupational Safety and Health Review Commission

OSHRC

FISCAL YEAR 2021 

PERFORMANCE BUDGET AND JUSTIFICATION

February 2020 
Table of Contents

Fiscal Year 2021 

Performance Budget and Justification

I. INTRODUCTION – MISSION, VISION, AND STRATEGIC GOALS

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

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

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

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

II. BUDGET REQUEST SUMMARY

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

III. APPROPRIATIONS LANGUAGE

Appropriations Language .......................................................................................................... 3

IV. PERFORMANCE BUDGET JUSTIFICATION BY ORGANIZATIONAL UNIT

Performance Budget Justification ............................................................................................. 5

Administrative Law Judge Function ......................................................................................... 6

Commission Function ............................................................................................................. 16

Office of the Executive Director Function.............................................................................. 24

V. BUDGET BY OBJECT CLASSIFICATION CATEGORY

Object Classification Table ..................................................................................................... 37

Budget Object Classification Detail........................................................................................ 38

VI. OTHER TABLES

Appropriation History ............................................................................................................. 42

Authorized Full Time Positions By Function ......................................................................... 43
I. INTRODUCTION –

MISSION, VISION, AND

STRATEGIC GOALS
1 

The U.S. Occupational Safety and Health Review Commission

Our Mission

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

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

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

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

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

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

Congress as an agency independent of the Department of Labor to ensure that OSHA’s 

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

process.

Functions and Procedures

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

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

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

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

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

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

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

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

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

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

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

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

Vision Statement

The Review Commission strives to be:

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

professional, and respected. 

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

rights and responsibilities of employers and employees under the Act.

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

diverse workforce, and modern information management, communications, and 

administrative systems.

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

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

Strategic Goals

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

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

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

its performance budget. OSHRC has four overarching strategic goals: 

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

Review-level cases;

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

to enhance the transparency of its operations; 

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

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

and developed; and 

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

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

order to better accomplish the agency’s mission. 
II. BUDGET REQUEST

SUMMARY
3 

Budget Request Summary 

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

requests an appropriation of $13,721,000 to continue its mission of adjudicating OSHA-issued 

workplace safety citations, fund essential agency programs, support 63 full-time equivalent (FTE)

positions, and maintain our electronic filing (e-filing) system in fiscal year (FY) 2021. We are 

requesting two additional Attorney-Advisor positions to assist with the ALJ caseload. This

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

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

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

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

public.

Our FY 2021 estimated costs, which combined total $13,721,000, include: 

• $10,181,110 to support payroll and related costs for 63 FTE positions. These costs are 

approximately 74 percent of the Review Commission’s budget request. 

• $1,638,690 for office space rent.

• $444,750 for services provided by other federal agencies, such as support for financial 

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

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

• $105,000 to support and maintain OSHRC’s e-filing system. The e-filing system directly 

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

supports technology improvements, and integrates business process automation to 

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

includes $55,000 for licensing and $50,000 for customized reporting and continued 

enhancements to the e-filing system. 

• $1,351,450, the remaining amount, to be used for travel expenses for ALJs to hold 

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

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

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

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

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

transparency initiatives. 
III. APPROPRIATIONS

LANGUAGE 

FY 2021 

Appropriations Language

U.S. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES 

FOR EXPENSES NECESSARY FOR THE OCCUPATIONAL SAFETY AND HEALTH REVIEW 

COMMISSION, [$13,225,000] $13,721,000. (DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2020.)
IV. PERFORMANCE

BUDGET JUSTIFICATION

BY ORGANIZATIONAL

UNIT
5 

Performance Budget Justification

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

overarching mission: 

1. The Administrative Law Judge function; 

2. The Commission function; and

3. The Office of the Executive Director function. 

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

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

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

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

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

agency’s strategic planning efforts. 

Funding and staffing by function is as follows: 

FUNDING (IN MILLIONS) AND FTE BY FUNCTION

FY 2019 Actual FY 2020 Enacted FY 2021 Request

$ FTE $ FTE $ FTE

Administrative Law 

Judge 6.9 24 5.5 25 5.8 27 

Commission 4.3 15 5.9 28 6.1 28 

Executive Director 2.0 7 1.8 8 1.8 8 

 Total 13.2 46 13.2 61 13.7 63 
6 

Administrative Law Judge Function

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

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

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

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

disputes brought before the Review Commission and its ALJs. 

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

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

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

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

Commission rule, the Federal Rules apply. 

Proceedings Before the Review Commission’s Administrative Law Judges

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

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

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

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

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

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

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

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

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

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

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

decision promptly. 

Administrative Law Judge Operations

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

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

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

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

number and complexity of OSHA citations over the last several years. 

OSHA completed 33,401 inspections in FY 2019, and it estimates it will complete 33,293 in FY 

2020 and 33,793 inspections in FY 2021. Over the last several years the number of citations 

being contested by employers has remained high, resulting in a high number of contested cases 

being docketed at the Review Commission. This is due in part to the increase in penalty levels

OSHA is required to implement annually pursuant to the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 2015 (Public Law 114-74, Sec. 701)1

, which impacts the 

1 Under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, OSHA is required to adjust 

its minimum and maximum penalty amounts to account for inflation.
7 

rate of contested cases. In FY 2017, the Review Commission docketed 2,168 contested cases; 

2,144 in FY 2018; 2,017 in FY 2019; and it estimated there will be 2,300 in FY 2020 and 2,400 

in FY 2021. 

In addition to the high number of contested cases the Review Commission has received since the 

implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 

2015, OSHA’s emphasis in recent years has been on serious workplace hazards, and the 

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

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

spaces, health care hazards, asbestos, process safety, construction industry hazards. Over the past 

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

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

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

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

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

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

handling those matters. 

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

following: 

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

• Volume of documents, including transcripts; 

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

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

infectious diseases); 

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

separate items); or 

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

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

confined spaces. 

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

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

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

Secretary of Labor is $180,000 or greater, the Mandatory Settlement procedure goes into effect. 

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

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

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

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

the case may be assigned to a different Judge for trial). 
8 

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

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

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

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

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

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

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

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

cases.

In FY 2019, approximately 27 percent of new cases were assigned to Simplified Proceedings. 

The Review Commission also projects that approximately 28 percent of new cases will be 

assigned to the Simplified Proceedings process in FY 2020 and approximately 27 percent in FY

2021. 

Simplified Proceedings Case Activity

FY 2016 through FY 2021

FY

2016 

Actual

FY

2017 

Actual

FY

2018 

Actual

FY

2019 

Actual

FY

2020 

Estimate

FY

2021 

Estimate

New Cases 2,183 2,168 2,144 2,017 2,300 2,400

Cases 

Assigned to 

Simplified 

Proceedings 

738 630 649 550 650 650 

Anticipated Administrative Law Judge Workload for FY 2021

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

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

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

held and their length and complexity. 

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

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

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

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

cases, which consume extensive time. The discovery process is lengthy and time-consuming, 

motion practice is expanded, legal research and decision-writing time is protracted, and, of 

necessity, the trial process is elongated and complicated.
9 

Administrative Law Judge Workloads 

The following table provides actual Administrative Law Judge workloads for FY 2016 – FY 2019

and estimated workloads for FY 2020 and FY 2021. 

FY 2016

Actual

FY 2017 

Actual

FY 2018 

Actual

FY 2019 

Actual

FY 2020 

Estimate

FY 2021 

Estimate

OSHA 

Inspections2

: 31,948 32,369 32,020 33,401 33,293 33,793 

Administrative Law Judge Workload: 

A. Case Inventory,

Start of Year 1,099 1,109 1,129 1,064 1,248 1,248 

B. New Cases 2,183 2,168 2,144 2,017 2,300 2,400 

C. Total Caseload 3,282 3,277 3,273 3,081 3,548 3,648 

D. Disposals 

(1) With 

Hearing 42 44 38 35 40 45 

(2) Mandatory 

Settlement 

Conferences

86 85 45 35 60 65 

(3) Without 

Hearing 2,045 2,019 2,126 1,763 2,200 2,250 

E. Total 

 Dispositions 2,173 2,148 2,209 1,833 2,300 2,360 

Total Case 

Inventory, 

End of Year 1,109 1,129 1,064 1,248 1,248 1,288 

2 Provided by OSHA. 
10 

Staffing

The OCALJ requires 27 FTE positions in FY 2021, an increase of 2 FTE over the 2020 Enacted 

level, to support the workload based on OSHA’s planned inspections and contest rates in the 

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

anticipated. 

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

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

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

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

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

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

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

of cases. Therefore, we are requesting two additional Attorney-Advisor positions to assist with 

the ALJ caseload. This request supports the goal in the Review Commission’s Strategic Plan to 

improve service to the public. 

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

Administrative Law Judge level to include: 

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

and assigns each case to an Administrative Law Judge; 

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

ensure that performance goals are met;

• Supervises judicial and administrative staff and ensures that they receive 

appropriate training to perform their responsibilities; and

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

OSHRC’s procedures are as efficient as possible.

FUNDING (IN MILLIONS) AND FTE

FY 2019 Actual FY 2020 Enacted FY 2021 Request

$ FTE $ FTE $ FTE

Administrative 

Law Judge 

Function 6.9 24 5.5 25 5.8 27 
11 

Strategic Plan and Outcome Goals

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

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

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

Strategic Plan for FY 2018 through FY 2022. The revised plan focuses on four goals of (1) 

Promptly and fairly resolving the cases before it, including reducing the average age of Reviewlevel cases; (2) Enhancing transparency of its operations; (3) Promoting organizational 

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

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

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

outcomes related to this function: 

Public Service Goal Outcome Goals 

Promptly and fairly 

resolving cases, 

including reducing the 

average age of cases 

pending at the agency.

• Develop and implement case management practices that will 

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

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

20 months from docketing.3

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

and support staff, in order to enhance their capabilities on 

technical and legal issues, legal writing, ethics, and 

technology and case management. 

OCALJ will advance this strategic goal through the following strategies: 

1. Expedite the assignment of cases to ALJs. 

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

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

and reports. 

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

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

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

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

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

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

interrogatories, conferences, and motions.
12 

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

such cases. 

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

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

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

the Mandatory Settlement Part. 

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

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

processes equal to the very best in judicial arenas.

7. Continue to use a team of Judges to handle, on a rotational basis, extremely complex 

cases and assign appropriate staff to timely process and monitor such cases, including 

settlement discussions.

The following are the performance goals for the OCALJ for fiscal years 2017 through 2021: 

Outcome 

Goals 

Performance

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY 

2020 

(Target)

FY

2021 

(Target)

Develop and 

implement 

case 

management 

practices that 

will 

minimize the 

average age 

of all 

pending ALJlevel cases.

Whether new 

case 

management 

practices have 

been developed 

and 

implemented.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

Less than 75% 

of all 

pleadings 

received in 

our electronic 

filing system 

were initiated 

electronically. 

Target not 

met

(75% of all 

pleadings 

received in 

our electronic 

filing system 

would have 

been initiated 

electronically) 

95% of all 

pleadings 

received in 

our electronic 

filing system 

were initiated 

electronically.

Target not 

met

(100% of all 

pleadings 

received in 

our electronic 

filing system 

would have 

been initiated 

electronically) 

100% of all 

pleadings 

received in 

our electronic 

filing system 

would have 

been initiated 

electronically. 

100% of all 

pleadings 

received in 

our electronic 

filing system 

would have 

been initiated 

electronically. 
13 

Outcome 

Goals 

Performance

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY 

2020 

(Target)

FY

2021 

(Target)

Ensure that a 

significant 

proportion of 

both complex 

and noncomplex 

cases at the 

ALJ level are 

resolved 

within one 

year to 20 

months from 

docketing.

4

 

-Percent of 

simplified cases 

disposed of 

within one year 

at ALJ level.

-Percent of 

conventional 

cases disposed 

of within 17 

months.

-Percent of 

settlement part 

cases disposed 

of within 19 

months.

-Percent of 

complex cases 

disposed of 

within 20 

months at ALJ 

level.

-Dispose of 

95% of 

simplified 

cases within 

one year.

95%

Target met

-Dispose of 

90% of 

conventional

cases within 

17 months.

88%

Target not 

met

-Dispose of 

98% of 

settlement part 

cases within 

19 months.

93%

Target not 

met

-Dispose of 

95% of 

complex cases 

within 20 

months.

86%

Target not 

met

-Dispose of 

95% of 

simplified 

cases within 

one year.

97%

Target met

-Dispose of 

90% of 

conventional

cases within 

17 months.

95%

Target met

-Dispose of 

95% of 

settlement 

part cases 

within 19 

months.

96%

Target met

-Dispose of 

95% of 

complex cases 

within 20 

months.

86%

Target not 

met

-Dispose of 

95% of 

simplified 

cases within 

one year.

96% 

Target met

-Dispose of 

90% of 

conventional

cases within 

17 months.

95% 

Target met

-Dispose of 

95% of 

settlement 

part cases 

within 19 

months.

93% 

Target not 

met

-Dispose of 

95% of 

complex cases 

within 20 

months.

85% 

Target not 

met

-Dispose of 

95% of 

simplified 

cases within 

one year.

-Dispose of 

90% of 

conventional

cases within 

17 months.

-Dispose of 

95% of 

settlement 

part cases 

within 19 

months.

-Dispose of 

95% of 

complex cases 

within 20 

months.

-Dispose of 

95% of 

simplified 

cases within 

one year.

-Dispose of 

90% of 

conventional

cases within 

17 months.

-Dispose of 

95% of 

settlement 

part cases 

within 19 

months.

-Dispose of 

95% of 

complex cases 

within 20 

months.

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

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

occurs approximately 90 to 120 days after the case has been docketed due to the parties’ frequent requests for 

extensions of time for filing initial pleadings.
14 

Outcome 

Goals 

Performance

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY 

2020 

(Target)

FY

2021 

(Target)

Improve 

training

opportunities 

for ALJs.

Time and 

resources 

dedicated to 

judicial training 

with special 

emphasis on 

mediation and 

dispute 

resolution.

Pro rata share 

of the agency’s 

training 

resources was 

devoted.

Target met

(Continue to 

designate a pro 

rata share of 

the agency’s 

training 

resources) 

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

Provide 

training 

opportunities 

to (1) ALJs 

and (2) all 

attorneys and 

support staff, 

in order to 

enhance their 

capabilities on 

technical and 

legal issues, 

legal writing, 

ethics, and 

technology 

and case 

management.

Increased 

attendance and 

participation in 

training 

opportunities, 

internal and/or 

external, for 

ALJs and all 

attorneys and 

support staff.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

Training 

opportunities 

were offered 

to all ALJs, 

attorneys and 

support staff.

Target met

(Attendance 

and 

participation 

by ALJs and 

attorneys and 

support staff, 

at no less than 

one training 

opportunity 

annually, 

internally

and/or 

externally)

Training 

opportunities 

were provided 

to all ALJs, 

attorneys and 

support staff. 

Attorneys 

attended live 

hearings for 

professional 

growth.

Target met

(Attendance 

and 

participation 

in at least one 

training 

opportunity 

devoted to 

management 

of electronic 

documents 

prior to and 

during 

hearings (i.e., 

e-filing, 

electronic 

discovery, or 

electronic 

exhibits))

Attendance 

and 

participation 

in at least one 

training 

opportunity 

devoted to 

management 

of electronic 

documents 

prior to and 

during 

hearings (i.e., 

e-filing, 

electronic 

discovery, or 

electronic 

exhibits).

Attendance 

and 

participation 

in at least one 

training 

opportunity 

devoted to 

management 

of electronic 

documents 

prior to and 

during 

hearings (i.e., 

e-filing, 

electronic 

discovery, or 

electronic 

exhibits).
15 

Outcome 

Goals 

Performance

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY 

2020 

(Target)

FY

2021 

(Target)

Publish 

significant 

procedural 

decisions and 

nondispositive 

orders 

separately 

from other 

decisions.

Key decisions 

and orders 

published within 

4 months of the 

order.

15 key 

decisions and 

orders 

published. 

Target not 

met

(20 key 

decisions and 

orders 

published) 

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic

Plan.
16 

Commission Function

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

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

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

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

Proceedings Before the Commission

The Review Commission adjudicates contested cases independently from the enforcement and 

rule-making functions vested in OSHA. Disputed enforcement proceedings are tried initially 

before OSHRC Judges. The Commission members may then review an ALJ’s decision. 

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

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

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

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

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

abatement orders.

Each Commissioner has a Chief Counsel who is responsible for providing assistance and advice 

on all pending matters, determining whether cases are appropriate for Commission review, and 

the proper disposition of motions and cases. The Chief Counsel also aids the Commissioner in 

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

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

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

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

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

opinions; OGC also provides legal advice agency-wide on ethics, the Freedom of Information 

Act (FOIA), Equal Employment Opportunity (EEO), procurement, appropriations, the Privacy 

Act, and other areas.

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

is responsible for docketing cases at both the ALJ and Commission levels. The Executive 

Secretary serves as the Records Management Officer in coordination with the National Archives 

and Records Administration (NARA). 

Commission Operations

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

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

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

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

and the novelty of the issues presented for review.
17 

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

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

quorum, no cases can be decided. During periods when there are only two Commissioners, it 

may be more difficult to reach agreement sufficient to dispose of some cases. In cases where 

such agreement cannot be reached, deadlocks result, and action on important issues and issuance 

of some pending cases may be delayed.

The Commission operated without a full complement of Commissioners for six months in FY 

2019. This was the result of one Commissioner resigning as of March 29, 2019, and another 

Commissioner’s term expiring as of April 27, 2019. Despite not having a full complement of 

Commissioners for half of the FY, the Commission resolved 13 cases and met two of its four 

GPRA goal targets at the Commission level. 

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

nature of those inspections, and the rate at which employers choose to contest the citations issued 

and penalties proposed by OSHA all have an impact on the number of cases before the Review 

Commission. In addition, OSHA’s emphasis during recent years on more serious workplace 

hazards and the consequent increase in proposed penalties has translated into more complicated 

cases. This means the complexity and size of the cases at the ALJ and Commission levels have

increased significantly in recent years.

Anticipated Commission Workload for FY 2021 

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

older cases in an effort to reduce case inventory. In FY 2019, the Commission had 22 cases 

pending on its docket at the beginning of the year. It received 10 new cases and resolved 13 

cases by year-end. Thus, the Commission entered FY 2020 with 19 cases pending review. 

During FY 2020, the Commission estimated receiving 15 new cases and resolving 14 cases, 

ending FY 2020 with 20 cases pending review. For FY 2021, the Commission anticipates 

receiving 15 new cases, and disposing of 17 cases, ending that year with an inventory of 18 

cases.
18 

 FY 2016 

Actual

 FY 2017 

Actual

 FY 2018 

 Actual

FY 2019 

 Actual

FY 2020 

Estimate

FY 2021 

Estimate

New Cases:

Cases 

Directed for 

Review:

14 12 14 8 13 13 

Other New 

Cases:

Interlocutory 

Appeals: 

0 0 0 0 0 0 

Remands: 1 0 2 2 2 2

Other: 0 1 0 0 0 0

Total Other 

New Cases:

1 1 2 2 2 2 

Total New 

Cases: 15 13 16 10 15 15 

Case 

Inventory 

from Prior 

Year:

33 29 29 22 19 20 

Total Caseload: 48 42 45 32 34 35

Dispositions: 19 14 23 13 14 17

Case Inventory, 

End of Year: 29 295 22 19 20 18 

5 Revised to reflect actual case inventory for the end of FY 2017.
19 

Commission Case Activity 

Staffing

The Commission function requires 28 FTE positions in FY 2021. This includes 9 FTE positions 

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

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

FUNDING (IN MILLIONS) AND FTE

FY 2019 Actual FY 2020 Enacted FY 2021 Request

$ FTE $ FTE $ FTE

Commission

Function 4.3 15 5.9 28 6.1 28 

Strategic Plan and Outcome Goals

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

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

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

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

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

Review-level cases; (2) Enhancing transparency of its operations; (3) Promoting organizational 

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

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

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

and outcomes related to this function: 
20 

Public Service 

Goal Outcome Goals6

Promptly and 

fairly resolving 

cases, including 

reducing the 

average age of 

cases pending at 

the agency.

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

7

• Develop and implement case management practices that will minimize 

the average age of all pending Review-level cases.

• Reduce the average age of all pending Review-level cases to 20 months 

from direction for review.

8

 

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

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

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

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

management. 

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

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

they are disposed of within six months of designation. 

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

cases and issuance of decisions. 

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

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

legal writing, ethics, and technology and case management. 

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

Commission’s strategic and annual performance plans. 

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

processing. 

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

or prosecutions are being pursued.

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

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

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

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

Commission’s ability to meet these goals.
21 

 The following are the performance goals for the Commission for FY 2017 – FY 2021: 

Outcome 

Goals 

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(Target)

Resolve all 

priority cases 

in a timely 

manner.

Percent of 

priority cases 

disposed of 

within 6 

months.

100%

Target met

(100%) 

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan. 

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

Resolve all 

priority cases 

at the 

Agency in a 

timely 

manner.

Percent of 

priority cases 

disposed of 

within 6 

months.

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

100%

Target met

(100%)

100%

Target met

(100%)

100% 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.

Implemented

case 

management 

practices. 

The estimated 

average age of 

all pending 

Commissionlevel cases is 

28 months. 

Target not 

met

(Continue to 

implement 

case 

management 

practices, 

22 months or 

less)

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the 

FY 2018 – 

FY 2022 

Strategic 

Plan.

New goal 

developed to 

support the 

FY 2018 – 

FY 2022 

Strategic 

Plan.

Develop and 

implement 

case 

management 

practices that 

will minimize 

the average 

age of all 

pending 

Review-level 

cases.

Whether case 

management 

practices have 

been developed 

and 

implemented.

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

Case 

management 

practices were 

developed and 

assessed.

Target met

(Assess 

whether new 

case 

management 

practices 

should be 

developed and 

implemented)

Case 

management 

practices were 

developed and 

assessed.

Target met

(Develop new 

case 

management 

practices) 

Implement 

new case 

management 

practices.

Evaluate 

implementation of case 

management 

practices.
22 

Outcome 

Goals 

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(Target)

Reduce the 

average age 

of all pending 

Review-level 

cases to 20 

months from

direction for 

review.

Average age of 

all pending 

Review-level 

cases.

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

Average age 

of all Reviewlevel cases 

was reduced 

to 24 months.

Target met

(Average age 

of all Reviewlevel cases

reduced to 26

months9

) 

Average age 

of all Reviewlevel cases 

reduced to 26 

months.

Target not 

met

(Average age 

of all Reviewlevel cases 

reduced to 24 

months) 

Average age 

of all Reviewlevel cases 

reduced to 22

months.

Average age 

of all Reviewlevel cases 

reduced to 20

months.

Reduce the 

number of 

Review-level 

cases over 

two years in 

age.

Percent 

reduction in the 

number of 

Review-level 

cases over two 

years in age.

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

Share of 

Review-level 

cases over two 

years in age 

was 51% of all 

cases.

Target not 

met

(Reduce the 

share of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

40% of all 

cases10) 

Share of 

Review-level 

cases over two 

years in age 

was 53% of 

all cases.

Target not 

met

(Reduce the 

share of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

33% of all 

cases)

Reduce the 

share of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

25% of all 

cases.

Reduce the

share of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

20% of all 

cases.

9 Beginning with FY 2018, the target goal calculates the average age of a Review-level case based on: (1) cases that 

are docketed at the review level and decided during the timeframe of October 1 through September 30; and (2) the 

age of all cases pending on September 30.

10 Beginning with FY 2018, the target goal takes into account case production from October 1 through September 

30, with the final percentage measured as of the end of the FY.
23 

Outcome 

Goals 

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(Target)

Further 

reduce the 

average age 

of the oldest 

pending 

Commission 

level cases.

Using 

experience 

gained from the 

recent 

disposition of 

the legacy 

cases, as well as 

recommendations derived 

from 

Commission’s 

public meeting 

on legacy cases, 

to develop and 

implement case 

management 

practices that 

minimize the 

average age of 

the oldest 

fifteen (15%) 

percent of 

pending cases. 

Average age 

of the oldest 

15 percent of 

pending 

Commission 

level cases 

increased by 4

percent from 

FY 2014 level.

Target not 

met

(Reduce 

average age of 

the oldest 15 

percent of 

pending 

Commission 

level cases by 

10 percent 

from FY 2014 

level)

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the 

FY 2018 – FY 

2022 Strategic 

Plan.
24 

Office of the Executive Director Function

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

entire Review Commission to assure success in fulfilling its mission. 

Administrative Operations

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

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

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

the Executive Director and include: 

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

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

Commission information;

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

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

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

to agency employees; 

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

reference materials, supplies, and office space;

• Implementing case management and administrative systems through IT hardware and 

software;

• Developing and maintaining computer systems and information security enhancements; 

and

• Enhancing telecommunications and improving technology efficiency and effectiveness. 

Anticipated Office of the Executive Director Workload for FY 2021 

During FY 2021, OEXD staff will:

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

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

agency’s financial management and human resources programs;

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

interested parties as a part of the Review Commission’s transparency initiatives;
25 

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

information and decisions through the use of modern automated technology and 

techniques, including the agency’s website;

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

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

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

evaluations; 

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

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

in Denver and Atlanta; 

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

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

and

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

During the past few fiscal years, the Review Commission began the process of improving the 

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

make more information available to internal and external customers, and undertaking other 

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

implemented. In FY 2017, we continued to enhance and customize the e-filing system to better 

support the user community. In FY 2018, we updated our COOP. We continued these efforts in 

FY 2019 and will do so in FYs 2020 and 2021. 

Significant revisions were made to the Review Commission’s website to reflect organizational 

and visual enhancements. These enhancements included: 

- Updating the homepage to include the Review Commission’s new procedural rules and 

instructional guides that went into effect in June 2019; 

- Redefining heading tabs to reflect agency data, department functionality and required 

postings; 

- Developing drop down menus to the heading tabs to enable easier access to sub-menus 

and additional information; 

- Reorganizing content in the Reports and Submissions tab by relevancy; and

- Removing redundancies in the footer links. 

This budget request includes $105,000 for continued support ($55,000 for licensing/hosting and 

$50,000 for enhancements) of the e-filing system. Effective management of the e-filing system is 

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

efficiency in its case management practices.
26 

Staffing

The Executive Director function requires 8 FTE positions in FY 2021. The Office has 

responsibility for implementing the Administration’s performance improvement efforts, 

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

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

FUNDING (IN MILLIONS) AND FTE

FY 2019 Actual FY 2020 Enacted FY 2021 Request

$ FTE $ FTE $ FTE

Executive Director

Function 2.0 7 1.8 8 1.8 8 

Strategic Plan and Outcome Goals

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

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

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

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

transparency of its operations; (3) Promoting organizational excellence; and (4) Managing 

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

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

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

following goals and outcomes: 
27 

Public Service Goal Outcome Goals 

Expanding transparency 

and openness by 

providing for 

stakeholder engagement 

and ensuring that the 

Review Commission 

keeps interested parties 

and the public it serves 

informed of the agency’s 

work at all levels, 

consistent with due 

process requirements.

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

as a useful repository for information about the agency 

and its adjudicatory activities.

• Broaden the Review Commission’s outreach activities to 

the regulated community. 

Encouraging a culture of 

professionalism, mutual 

respect, and 

organizational pride; 

ensuring that staff 

members are adequately 

trained and developed.

• Recruit, invest in, and value all employees through 

professional development, workplace flexibilities, fair 

treatment, and recognition. 

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

and how they contribute to its accomplishments. 

Providing responsible 

stewardship of resources 

to monitor, evaluate, and 

improve programs and 

processes in order to 

better accomplish the 

agency’s mission.

• Develop and present an annual budget and performance 

plan that clearly presents how the organization will 

accomplish government-wide management priorities, 

agency-wide goals, and organizational goals.

• Improve technology infrastructure through efficiencies 

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

support the effective use of broadband, cyber security, and 

energy efficiency.

• Conduct all internal and external agency business in an 

ethical and timely manner.

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

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

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

goals, and organizational goals.

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

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

decisions and non-dispositive orders on the Review Commission’s website.
28 

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

encourages diversity and workplace policies and programs that enable employees to 

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

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

policies, and wellness programs. 

4. Enhance employee development and learning opportunities by devoting available 

budgetary resources to staff training. 

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

workforce. 

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

more stable operating environment by eliminating duplication, investing in standardized 

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

sprawl and locally housed servers. 

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

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

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

and deployment of appropriate federally mandated guidelines and enforce active policies.

Ensure annual FISMA audits are performed. 

The following are the performance goals for the Office of the Executive Director for FY 2017 – 

FY 2021: 

Outcome 

Goals

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(Target)

Ensure that the 

Review 

Commission’s 

website is 

accessible to 

people with 

disabilities and 

serves as a 

useful 

repository for 

information 

about the 

agency and its 

adjudicatory 

activities. 

Timeliness of 

postings to 

agency website. 

All required 

material was 

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) 

Internal 

process was 

implemented to 

allow staff to 

post materials 

directly to the 

agency’s 

website. All 

materials were 

posted within 

one day after 

issuance.

Target met

(All material 

posted no later 

than 6 days 

after issuance) 

Materials were 

posted to the 

agency’s website 

within one day 

after issuance.

Target met

(All material 

posted no later 

than 5 days after 

issuance) 

All material 

posted no later 

than 4 days after 

issuance. 

All material 

posted no later 

than 3 days 

after issuance. 
29 

Outcome 

Goals

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(Target)

Broaden the 

Review 

Commission’s 

outreach 

activities with 

other federal 

agencies and 

the affected 

public, 

including 

targeted 

education and 

outreach for 

individuals 

with LEP. 

Participation in 

professional 

conferences and 

meetings and 

strategic 

engagement with 

stakeholders. 

Review 

Commission 

documents 

were reviewed, 

translated, and 

posted on the 

agency’s 

website.

Target met

(Review 

documents to 

be translated 

and posted on 

the agency’s 

website)

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 2022 

Strategic Plan.

New goal 

developed to 

support the FY 

2018 – FY 2022 

Strategic Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

Broaden the 

Review 

Commission’s 

outreach 

activities to 

the regulated 

community.

-Participation in 

professional 

conferences and 

meetings and 

strategic 

engagement with 

the regulated 

community.

-Creation of 

electronic 

subscription 

service.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

Alert service 

was 

implemented 

on the agency’s 

website to 

engage the 

public.

Target met

(-Increased 

participation in 

at least two 

activities or 

meetings that 

promote 

strategic 

engagement to 

disseminate 

information 

including 

trends and 

services (e.g., 

LEP) provided 

by the agency.

-Use of alert 

service to 

engage the 

public)

Alert service on 

the agency’s 

website was 

utilized and 

monitored for 

purposes of 

engaging the 

public.

Target met

(-Increased 

participation in at 

least two 

activities or 

meetings that 

promote strategic 

engagement to 

disseminate 

information 

including trends 

and services 

(e.g., LEP) 

provided by the 

agency.

-Monitor the use 

of alert service 

used to engage 

the public) 

-Increased

participation in at 

least two 

activities or 

meetings that 

promote strategic 

engagement to 

disseminate 

information 

including trends 

and services (e.g., 

LEP) provided by 

the agency.

-Monitor the use 

of alert service 

used to engage 

the public.

-Increased 

participation in 

activities or 

meetings that 

promote 

strategic 

engagement to 

disseminate 

information 

including 

trends and 

services (e.g., 

LEP) provided 

by the agency.

-Monitor the 

use of alert 

service used to 

engage the 

public.
30 

Outcome 

Goals

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(Target)

Recruit, invest 

in, and value 

all employees 

through 

professional 

development, 

workplace 

flexibilities, 

fair treatment, 

and 

recognition. 

-Recruit, 

develop, and 

retain a highly 

motivated, 

talented, and 

diverse 

workforce to 

accomplish its 

mission. 

-Identify areas in 

which the 

agency can 

enhance 

diversity and 

talent through 

annual analysis 

of the MD-71511

guidance.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan. 

-Job postings 

were developed 

to attract 

qualified and 

diverse 

candidates. 

-Agency 

directives 

pertaining to 

workplace 

flexibilities 

were reviewed.

Target met

(-Attract 

qualified and 

diverse 

candidates, 

including 

veterans and 

persons with 

disabilities.

-Annually 

review and/or 

update agency 

directives 

pertaining to 

workplace 

flexibilities 

(e.g., hours of 

work, 

telework))

-Agency 

directives 

pertaining to 

workplace 

flexibilities were 

updated.

-Reviewed 

performance 

management 

directives and 

established new 

critical element 

for supervisors.

-Devoted 

budgetary 

resources to 

training.

Target met

(-Ensure that the 

agency’s 

performance 

management 

system(s) are 

aligned with its 

goals and 

objectives.

-Enhance 

employee 

development and 

learning 

opportunities by 

making 

budgetary 

resources 

available for staff 

training.

-Annually review 

and/or update 

agency directives 

pertaining to 

workplace 

flexibilities (e.g., 

hours of work, 

telework))

-Ensure that the 

agency’s 

performance 

management 

system(s) are 

aligned with its 

goals and 

objectives.

-Enhance 

employee 

development and 

learning 

opportunities by 

making budgetary 

resources 

available for staff 

training.

-Annually review 

and/or update 

agency directives 

pertaining to 

workplace 

flexibilities (e.g., 

hours of work, 

telework)

the agency’s 

performance 

management 

system(s) are 

aligned with its 

goals and 

objectives.

-Enhance 

employee 

development 

and learning 

opportunities 

by making 

budgetary 

resources 

available for 

staff training.

-Annually 

review and/or 

update agency 

directives 

pertaining to 

workplace 

flexibilities 

(e.g., hours of 

work, 

telework)
31 

Outcome 

Goals

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(Target)

Develop and 

present an 

annual budget 

and 

performance 

plan that 

clearly 

presents how 

the 

organization 

will 

accomplish 

governmentwide 

management 

priorities, 

agency-wide 

goals, and 

organizational 

goals. 

System that links 

resources to 

specific 

activities that 

support 

measurable 

programmatic 

outcomes and 

objectives. 

Agency 

program goals

are 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/ 

space, and 

facilities)

Aligned budget 

with agency 

program goals 

to efficiently 

accomplish 

mission (e.g., 

program, 

human capital, 

procurement, 

IT 

infrastructure/ 

space, and 

facilities.

Target met

(Align budget 

with agency 

program goals 

to efficiently 

accomplish 

mission (e.g., 

program, 

human capital, 

procurement, 

IT 

infrastructure, 

space, and 

facilities)) 

Aligned budget 

with agency 

program goals to 

efficiently 

accomplish 

mission. 

Target met

(Align budget 

with agency 

program goals to 

efficiently 

accomplish 

mission (e.g., 

program, human 

capital, 

procurement, IT 

infrastructure, 

space, and 

facilities)) 

Align budget with 

agency program 

goals to 

efficiently 

accomplish 

mission (e.g., 

program, human 

capital, 

procurement, IT 

infrastructure, 

space, and 

facilities). 

Align budget 

with agency 

program goals 

to efficiently 

accomplish 

mission (e.g., 

program, 

human capital, 

procurement, 

IT 

infrastructure, 

space, and 

facilities). 

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

Agencies
32 

Outcome 

Goals

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(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.

.80 percent of 

basic payroll 

devoted to staff 

training and 

development.

Target met

(.80 percent of 

basic payroll 

devoted to staff 

training and 

development)

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 2022 

Strategic Plan.

New goal 

developed to 

support the FY 

2018 – FY 2022 

Strategic Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.
33 

Outcome 

Goals

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(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. 

Reviewed 

agency 

policies, 

organizational 

charts, and 

position 

descriptions to 

identify 

knowledge gap 

vulnerabilities. 

Target met

(Evaluate and 

address KM

vulnerabilities 

to further 

enhance 

agency 

operations and 

programs) 

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 2022 

Strategic Plan.

New goal 

developed to 

support the FY 

2018 – FY 2022 

Strategic Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.
34 

Outcome 

Goals 

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(Target)

Improve 

technology 

infrastructure 

through 

efficiencies 

and 

investments 

(e.g., training, 

equipment, 

services) to 

support the 

effective use 

of broadband, 

cyber 

security, and 

energy 

efficiency.

-Streamline 

operations and 

infrastructure to 

eliminate 

duplication; 

minimize 

servers, storage 

and application 

sprawl.

-Maintain 

standardized 

platforms 

including 

hardware and 

software.

-Improve 

network/

communications 

to ensure 

customers can 

access necessary 

information 

without delay.

-Migration of 

Mail 

(exchange) to 

FedRAMP 

certified Office 

365.

-Moved locally 

administered 

share point 

(intranet) to 

Office 365.

-Instituted 

changes to efiling system to 

accommodate 

the user 

community.

-Encrypted and 

upgraded 

software on 

agency laptops.

-Started 

deployment of 

two factor 

authentication 

using personal 

identity 

verification.

Target met

(Continue 

monitoring 

technology 

infrastructure to 

determine if 

additional 

resources are 

required)

Target met

(Continuous

monitoring of 

the agency’s

technology 

infrastructure 

was done to

determine if 

new or 

additional 

resources 

were 

necessary) 

Target met

(-Reduce 

physical 

servers 

through 

virtualization.

-Reduce the 

number of 

operating 

systems in 

use.

-Evaluate and 

address 

enhancements 

to our e-filing 

system.

-Increase 

bandwidth for 

migration to 

cloud 

initiatives 

(i.e., 

electronic 

mail services 

to the cloud

and expand 

cloud storage 

space))

-Enhanced the 

Office 365 

licensing 

model. 

-Upgraded the

remote access 

application 

(Citrix

environment). 

-Upgraded the 

speed of the 

agency’s Wide 

Area Network 

circuits. 

-Introduced

Adobe 

Acrobat Pro 

2017.

Target met

(-Reduce 

physical 

servers 

through 

virtualization.

-Reduce the 

number of 

operating 

systems in use.

-Increase 

bandwidth for 

migration to 

cloud 

efficiencies) 

-Reduce 

physical 

servers through 

virtualization.

-Reduce the 

number of 

operating 

systems in use.

-Increase 

bandwidth for 

migration to 

cloud 

efficiencies.

-Reduce 

physical 

servers through 

virtualization.

-Reduce the 

number of 

operating 

systems in use.

-Increase 

bandwidth for 

migration to 

cloud 

efficiencies.
35 

Outcome 

Goals 

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(Target)

Use existing 

real property 

more 

effectively by 

implementing 

energy 

efficiency by 

implementing 

energy 

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.

-Expanded the 

use of Virtual 

Machines.

-Moved 

infrastructures 

to FedRAMP 

providers.

Target met

(Continue 

monitoring to 

ensure supplies 

and equipment 

are procured 

from ecofriendly 

sources)

New goal 

developed to 

support the 

FY 2018 – 

FY 2022 

Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

Enhance the 

agency’s 

FOIA 

processing 

system by 

developing 

internet-based 

capabilities. 

Development of 

an electronic 

form and/or 

request tracking 

capability. 

Increased use of 

FOIA online 

form and 

dedicated FOIA 

email address 

expanded 

tracking 

capability and 

improved 

communication 

with requesters; 

eliminated need 

to implement 

online tracking 

system.

Target met

(Explore 

advanced 

options for 

online tracking 

capability) 

New goal 

developed to 

support the 

FY 2018 – 

FY 2022 

Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.
36 

Outcome 

Goals 

Performance 

Measures

FY

2017 

Actual

(Target)

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

(Target)

FY

2021 

(Target)

Conduct all 

internal and 

external 

agency 

business in an 

ethical and 

timely 

manner.

Promote an 

ethical culture 

within the 

Review 

Commission 

through 

leadership, 

awareness, 

resources, and 

oversight.

New goal 

developed to 

support the FY 

2018 – FY 

2022 Strategic 

Plan.

Expanded 

outreach 

primarily to 

new 

employees, in 

particular 

political 

appointees, 

which 

generated 

increased 

opportunities 

to provide 

ethics advice.

Target met

(-Provide inperson ethics 

training to all 

agency filers.

-Increase 

opportunities 

for outreach 

to all agency 

employees on 

ethics issues)

 

-Provided 

ethics training 

to agency 

filers.

-Developed 

procedures to 

(1) conduct 

internal 

discussions of 

ethics inquiries 

as they arise; 

(2) promptly 

gather 

information 

needed from 

inquirer to 

respond; and 

(3) timely 

consult OGE 

regulations 

and guidance, 

past advice, 

and additional 

resources.

Target met

-Provide inperson ethics 

training to all 

agency filers. 

-Develop a 

plan to 

decrease 

response time 

to ethics 

inquiries.

-Provide inperson ethics 

training to all 

agency filers. 

-Implement a 

plan to 

decrease 

response time 

to ethics 

inquiries.

-Provide 

annual and 

more frequent 

ethics training 

to all agency 

filers. 

-Implement a 

plan to 

decrease 

response time 

to ethics 

inquiries.
V. BUDGET BY OBJECT

CLASSIFICATION

CATEGORY
37 

Budget by Object Classification (BOC) Category

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

$13,721,000 to continue our mission of timely adjudicating OSHA-issued workplace safety 

citations. The requested amount would support 63 FTE positions as well as funding for other 

expenses. 

The proposed budget for FY 2021 along with the FY 2019 actual and FY 2020 enacted amounts 

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

amount requested for each object classification follows the table. 

Object Classification Table

Fiscal Years 2019, 2020 and 2021 

(Dollars in Thousands) 

Change

 

FY 2020 Enacted – 

 

FY 2021 Request 

Budget Object Class FY 2019

Actual

FY 2020

Enacted

FY 2021

Request $ % 

11.0 Personnel 

Compensation $6,483 $7,462 $7,840 +378 +5.07 

12.0 Personnel Benefits 1,963 2,237 2,341 +104 +4.65 

Subtotal Personnel Services 8,446 9,699 10,181 +482 +4.97 

21.0 Travel 171 185 185 -0- -0- 

22.0 Transportation of 

Things 2 10 10 -0- -0- 

23.1 Space Rental 

Payments (GSA) 1,686 1,625 1,639 +14 +0.86 

23.3 Communications, 

Utilities and Misc. 214 272 272 -0- -0- 

24.0 Printing and 

Reproduction 2 17 10 -7 -41.18 

25.0 Other Services 1,760 1,005 1,012 +7 +0.7 

26.0 Supplies and Materials 71 43 43 -0- -0- 

31.0 Equipment 362 369 369 -0- -0- 

Unobligated 511 

Grand Total $13,225 $13,225 $13,721 +496 +3.75
38 

Budget Object Classification Detail

11.0 Personnel Compensation 

Change FY 2020 Enacted – FY 2021 Request

FY 2020 Enacted FY 2021 Request Amount Percent

7,462,000 7,840,000 +378,000 +5.07

The Review Commission requests $7,840,000 to fund direct payroll in FY 2021. This amount 

will fund 63 FTE positions.

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

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

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

employees’ rewards and recognizes high-performing individuals in accordance with 5 C.F.R § 

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

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

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

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

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

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

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

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

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

Plan for FY 2018 - FY 2022. 

In FY 2020, the Review Commission plans to stay within the spending limits that are typically 

defined by the Office of Personnel Management (OPM) and OMB. Currently this is 1.5 percent 

of the aggregate salaries of all General Schedule employees for the combination of 1) individual 

performance awards, and 2) individual contribution awards (e.g., special act awards). The 

estimated cost of this awards spending is $65,000. 

In FY 2021, the Review Commission plans to increase awards spending to 2.5 percent of the 

aggregate salaries of all for General Schedule employees for the combination of 1) individual 

performance awards, and 2) individual contribution awards (e.g., special act awards). The 

estimated cost of this awards spending is $70,000. 

12.0 Personnel Benefits 

Change FY 2020 Enacted – FY 2021 Request

FY 2020 Enacted FY 2021 Request Amount Percent

2,237,000 2,341,000 +104,000 +4.65

The requested amount for benefits in FY 2021 is $2,341,000. This amount will fund payrollrelated costs of employee benefits in FY 2021. These benefits principally consist of the 
39 

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

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

the Thrift Savings Plan. 

21.0 Travel 

Change FY 2020 Enacted – FY 2021 Request 

FY 2020 Enacted FY 2021 Request Amount Percent

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

The requested amount for travel in FY 2021 is $185,000. Travel of ALJs to conduct hearings 

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

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

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

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

offices, and other requirements. 

22.0 Transportation of Things 

Change FY 2020 Enacted – FY 2021 Request

FY 2020 Enacted FY 2021 Request Amount Percent

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

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

Commission offices and other locations. 

 

23.1 Rental Payments to GSA 

Change FY 2020 Enacted – FY 2021 Request

FY 2020 Enacted FY 2021 Request Amount Percent

1,625,000 1,639,000 +14,000 +0.86

The request includes $1,639,000 for office space rental for the National and Regional Offices. 

These projected rent costs are based on FY 2021 estimates provided by the General Services 

Administration (GSA) to the Review Commission. 

23.3 Communications, Utilities, and Miscellaneous Charges

Change FY 2020 Enacted – FY 2021 Request

FY 2020 Enacted FY 2021 Request Amount Percent

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

The Review Commission requests $272,000 for communication costs in FY 2021. This amount 

will allow the Review Commission to continue to support the e-filing system that was deployed 

in FY 2016. The e-filing system directly supports our annual performance plan’s goals and 
40 

targets, promotes transparency, supports technology improvements, and allows us to continue 

our cloud initiative with increased security and bandwidth requirements and pave the way for 

future cloud initiatives. 

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

accommodates the electronic filing of litigation documents. This request includes 

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

requirements and pave the way for future cloud initiatives. 

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

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

$20,000. 

24.0 Printing and Reproduction 

Change FY 2020 Enacted – FY 2021 Request

FY 2020 Enacted FY 2021 Request Amount Percent

17,000 10,000 -7,000 -41.18

The requested amount for printing in FY 2021 is $10,000. Printing costs consist mainly of the 

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

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

GPO publications. Together, these printing/publishing costs are expected to approximate $5,000 

in FY 2021. The balance of the budget – $5,000 – is needed for printing of Rules of Procedure 

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

Commission proceedings. 

25.0 Other Services 

Change FY 2020 Enacted – FY 2021 Request

FY 2020 Enacted FY 2021 Request Amount Percent

1,005,000 1,012,000 +7,000 +0.7

The requested for other services in FY 2021 is $1,012,000. Requirements in this area fall into 

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

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

these is provided in the following paragraphs. 

Services Provided by Other Federal Agencies. A total of $444,000 is requested for services 

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

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

along with higher costs for our Interagency Agreements with the OPM and NARA. This area 

includes $14,000 for personnel and payroll services provided by NFC, $326,000 for financial and 

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

$56,000 for building security provided by the Federal Protective Service. The remaining amount 

will be used to fund other Interagency Agreements such as with the U.S. Department of Health 
41 

and Human Services (Federal Occupational Health), GSA, OPM, and NARA. 

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

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

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

and for continued enhancements and customized reporting of the e-filing system ($50,000); 

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

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

($30,000); and on-line legal research ($48,000). This category also includes funding for other 

contractual services such as the annual audit of our financial statements ($35,000), library 

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

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

website ($13,000). 

26.0 Supplies and Materials 

Change FY 2020 Enacted – FY 2021 Request

FY 2020 Enacted FY 2021 Request Amount Percent

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

The requested amount for supplies and materials in FY 2021 is $43,000. This amount includes 

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

31.0 Equipment 

Change FY 2020 Enacted – FY 2021 Request

FY 2020 Enacted FY 2021 Request Amount Percent

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

The requested amount for equipment in FY 2021 is $369,000. The Review Commission deployed 

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

electronic filing of litigation documents. As a result, our information technology infrastructure 

was upgraded, and licensing and hosting costs are required to maintain the system. We estimate 

that the licensing costs will be $55,000. Subscriptions and other publications necessary to 

maintain our legal libraries are included in this object class. The remainder is required for new 

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

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

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

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

needed.
VI. OTHER TABLES 
42 

The U.S. Occupational Safety and Health Review Commission

Appropriation History

Fiscal 

Year

Request to 

Congress

House 

Allowance

Senate 

Allowance

Appropriation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2020 $13,225,000 $13,225,000 $13,225,000 $13,225,000

2021 $13,721,000

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

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

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

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

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

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

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

20 Reduced to $11,688,576 by P.L. 112-10 21 Reduced to $11,666,908 by P.L. 112-74 22 Reduced to $11,056,659 by P.L. 113-6 and Sequestration Order issued March 1, 2013
43 

Authorized Full Time Positions By Function

 FY 2019 FY 2020 FY 2021

 Actual Enacted Request

 

Administrative Law Judge:

AL-II 1 1 1 

AL-III 11 11 11 

GS-14 5 5 7 

GS-13 0 0 0 

GS-12 1 1 1 

GS-11 0 0 0 

GS-10 1 1 1 

GS-9 3 3 2 

GS-8 2 3 4 

 Sub-total 24 25 27 

Commission: 

Executive Level III 1 1 1 

Executive Level IV 0 2 2 

ES-00 2 2 2 

GS-15 2 5 5 

GS-14 5 7 7 

GS-13 1 2 2 

GS-12 2 2 2 

GS-11 1 4 4 

GS-9 1 2 2 

GS-8 0 1 1 

GS-7 0 0 0 

 Sub-total 15 28 28 

Office of the Executive Director:

ES-00 1 1 1 

GS-15 1 1 1 

GS-14 0 0 0 

GS-13 1 1 1 

GS-12 3 3 4 

GS-11 0 1 0 

GS-9 1 0 0 

GS-7 0 1 1 

 Sub-total 7 8 8 

Total full-time positions: 46 61 63

Note: The FY 2019 Actual column reflects the number of filled FTE positions through September 30, 

2019. The FY 2020 column reflects the number of FTE positions requested in our budget submission to 

Congress. Finally, the FY 2021 request column reflects the number of FTE positions needed to continue 

to support our mission.