OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (OSHRC) 

CHIEF FREEDOM OF INFORMATION ACT (FOIA) OFFICER REPORT 

FEBRUARY 1, 2011 

I. Steps Taken to Apply the Presumption of Openness

The guiding principle underlying the President's FOIA Memorandum and the 

Attorney General's FOIA Guidelines is the presumption of openness. 

1. Describe the steps your agency has taken to ensure that the presumption of 

openness is being applied to all decisions involving the FOIA. To do so, you should 

answer the questions listed below and then include any additional information you 

would like to describe how your agency is working to apply the presumption of 

openness. 

a. Describe how the President’s FOIA Memorandum and the Attorney General’s 

FOIA Guidelines have been publicized throughout your agency. 

Both of these documents were circulated to the members of OSHRC’s FOIA Requester 

Service Center, as well as to the heads of OSHRC departments. The Chief FOIA Officer 

also spoke at an all-hands staff meeting about these memoranda and their importance to 

the agency’s FOIA program.

b. What training has been attended and/or conducted on the new FOIA Guidelines? 

Members of OSHRC’s FOIA Requester Service Center continue to attend training 

conducted by the Office of Information and Policy, Department of Justice, as well as 

training provided by vendors, such as the American Bar Association. This training is 

then shared with other personnel in the agency’s FOIA Requester Service Center.

c. How has your agency created or modified your internal guidance to reflect the 

presumption of openness? 

OSHRC revised its FOIA Reference Guide this year to incorporate the underlying 

principle of the presumption of openness. 

d. To what extent has your agency made discretionary releases of otherwise exempt 

information? 

OSHRC has made two discretionary releases of otherwise exempt information. OSHRC 

provided (1) a legal analysis pertaining to the implementation of the President’s and 

Attorney General’s FOIA memoranda and (2) working drafts of the agency’s recently 

revised FOIA Reference Guide. 
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e. What exemptions would have covered the information that was released as a 

matter of discretion? 

OSHRC considered the released documents to be covered by Exemption 5 of the FOIA, 

but disclosed them as a matter of discretion pursuant to OSHRC’s commitment to 

transparency and open government. 

f. How does your agency review records to determine whether discretionary releases 

are possible? 

OSHRC’s FOIA program is administered by personnel in the agency’s Office of the 

General Counsel (“OGC”) and each response to a FOIA request goes through legal 

review. If a response is a denial or denial in part, an OGC attorney, in consultation with 

the Chief FOIA Officer, considers the presumption of openness before making that final 

determination. 

g. Describe any other initiatives undertaken by your agency to ensure that the 

presumption of openness is being applied. 

OSHRC actively applies the presumption of openness underlying the President’s FOIA 

memorandum and Attorney General’s FOIA guidelines when processing its FOIA 

requests. In determining whether to redact or withhold a requested record, OSHRC 

always considers the presumption of openness before making the final decision. 

2. Report the extent to which the numbers of requests where records have been 

released in full and the numbers of requests where records have been released in 

part has changed from those numbers as reported in your previous year's Annual 

FOIA Report. 

OSHRC’s release rate remained relatively the same between FY10 and FY09. OSHRC 

processed 66 FOIA requests in FY10, up from 57 FOIA requests in FY09. Of the 66 

FOIA requests processed in FY10, OSHRC granted 23 in full and 11 in part. (The 

remaining 32 requests in FY10 were denied based on reasons other than exemptions. For 

example, 19 of those requests were withdrawn.) Of the 57 requests processed in FY09, 

OSHRC granted 21 in full and 9 in part. (Similarly, the remaining 27 requests in FY09 

were denied based on reasons other than exemptions. For example, 16 of those requests 

were withdrawn.) 

II. Steps Taken to Ensure that Your Agency has an Effective System for 

Responding to Requests

As the Attorney General emphasized in his FOIA Guidelines, "[a]pplication of the 

proper disclosure standard is only one part of ensuring transparency. Open 

Government requires not just a presumption of disclosure, but also an effective 

system for responding to FOIA requests." 
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Describe here the steps your agency has taken to ensure that your system for 

responding to requests is effective and efficient. This section should include a 

discussion of how your agency has addressed the key roles played by the broad 

spectrum of agency personnel who work with FOIA professionals in responding to 

requests, including, in particular, steps taken to ensure that FOIA professionals 

have sufficient IT support. To do so, answer the questions below and then include 

any additional information that you would like to describe how your agency ensures 

that your FOIA system is efficient and effective. 

a. Do FOIA professionals within your agency have sufficient IT support? 

Yes. 

b. Describe how your agency’s FOIA professionals interact with your Open 

Government Team. 

OSHRC’s Chief FOIA Officer has a significant role on OSHRC’s Open Government 

Team and promotes OSHRC’s FOIA responsibilities to ensure an effective and efficient 

system for responding to FOIA requests. Additionally, the agency’s small size lends 

itself to considerable overlap not only in personnel interaction on these issues but also in 

coordinating the agency’s efforts to accomplish the same goals of openness and 

transparency. 

c. Describe the steps your agency has taken to assess whether adequate staffing is 

being devoted to responding to FOIA requests. 

OSHRC periodically assesses whether it is devoting adequate staff for responding to 

FOIA requests by monitoring its response time. OSHRC’s response time is currently 

well within statutorily prescribed limits. 

d. Describe any other steps your agency has undertaken to ensure that your FOIA 

system operates efficiently and effectively. 

The Chairman of OSHRC implemented a management initiative in February 2009 to 

enhance agency transparency. In keeping with that initiative, as well as the President's 

FOIA Memorandum and Attorney General’s FOIA Guidelines, OSHRC’s FOIA 

professionals have worked diligently to improve the effectiveness and efficiency of 

processing FOIA requests. The FOIA Requester Service Center stays in close contact 

with the agency offices that maintain requested records to process requests within the 

statutorily required response times. This year, OSHRC also revised its Regulations 

Implementing the FOIA and FOIA Reference Guide to officially allow electronic FOIA 

requests. 

III. Steps Taken To Increase Proactive Disclosures
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Both the President and Attorney General focused on the need for agencies to work 

proactively to post information online without waiting for individual requests to be 

received. 

Describe here the steps your agency has taken to increase the amount of material 

that is available on your agency website, including providing examples of proactive 

disclosures that have been made since issuance of the new FOIA Guidelines. In 

doing so, answer the questions listed below and describe any additional steps taken 

by your agency to make proactive disclosures of information. 

a. Has your agency added new material to your agency website since last year? 

Yes.

b. What types of records have been posted? 

OSHRC has posted various reports, administrative law judge decisions pending on 

review, as well as documents from highly visible cases on the agency’s docket. 

c. Give examples of the types of records your agency now posts that used to be 

available only by making a FOIA request for them. 

Examples of the types of records OSHRC posts are monthly listings of case dockets, 

monthly Commission case activity reports, case briefing notices, and trial briefs. 

d. What system do you have in place to routinely identify records that are 

appropriate for posting? 

OSHRC considers posting records associated with particular cases once more than one 

FOIA request has sought the same record. OSHRC also proactively posts records 

associated with particular cases of high interest, typically those warranting oral argument 

or those reported in the news media. 

e. How do you utilize social media in disseminating information? 

OSHRC does not currently utilize social media in disseminating information, but it is 

under consideration. 

f. Describe any other steps taken to increase proactive disclosures at your agency. 

The Chief FOIA Officer works to maintain open lines of communication between the 

FOIA Requester Service Center and key agency personnel. Additionally, in keeping with 

the Open Government Directive issued by the Office of Management and Budget on 

December 8, 2009, OSHRC continually monitors and updates its new open government 

page at www.data.gov. 
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IV. Steps Taken To Greater Utilize Technology

A key component of the President's FOIA Memorandum was the direction to "use 

modern technology to inform citizens about what is known and done by their 

Government." In addition to using the internet to make proactive disclosures, 

agencies should also be exploring ways to utilize technology in responding to 

requests. In 2010 agencies reported widespread use of technology in handling FOIA 

requests. For this section of your Chief FOIA Officer Report for 2011, please 

answer the following more targeted questions: 

1. Electronic receipt of FOIA requests: 

a. What proportion of the components within your agency which receive FOIA 

requests have the capability to receive such requests electronically? 

100%. OSHRC centrally processes its FOIA requests. 

b. To what extent have you increased the number of components doing so since the 

filing of your last Chief FOIA Officer Report? 

There has been no change since the filing of the 2010 Chief FOIA Officer Report. 

c. What methods does your agency use to receive requests electronically? 

Electronic mail. 

2. Electronic tracking of FOIA requests: 

a. What proportion of components within your agency which receive FOIA requests 

have the capability to track such requests electronically? 

100%. OSHRC centrally processes its FOIA requests. 

b. To what extent have you increased the number of components doing so since the 

filing of your last Chief FOIA Officer Report? 

There has been no change since the filing of the 2010 Chief FOIA Officer Report. 

c. What methods does your agency use to track requests electronically? 

OSHRC tracks its FOIA requests using word processing software. 

3. Electronic processing of FOIA requests: 

a. What proportion of components within your agency which receive FOIA requests 

have the capability to process such requests electronically? 

100%. OSHRC centrally processes its FOIA requests. 
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b. To what extent have you increased the number of components doing so since the 

filing of your last Chief FOIA Officer Report? 

There has been no change since the filing of the 2010 Chief FOIA Officer Report. 

c. What methods does your agency use to process requests electronically? 

OSHRC uses e-mail to communicate within the agency and with requesters, and utilizes 

desktop software to access and make copies of responsive documents when applicable.

4. Electronic preparation of your Annual FOIA Report: 

a. What type of technology does your agency use to prepare your agency Annual 

FOIA Report, i.e., specify whether the technology is FOIA-specific or a generic 

data-processing system. 

OSHRC uses generic word processing and spreadsheet program software to prepare its 

Annual FOIA Report.

b. If you are not satisfied with your existing system to prepare your Annual FOIA 

Report, describe the steps you have taken to increase your use of technology for next 

year. 

OSHRC is satisfied with its existing system. 

V. Steps Taken to Reduce Backlogs and Improve Timeliness in Responding to 

Requests

Improvements to timeliness in responding to pending FOIA requests and reductions 

in backlogs are both ongoing agency efforts. The President and the Attorney 

General have emphasized the importance of improving timeliness in responding to 

requests. Section XII of your Annual FOIA Report includes figures that show your 

agency's backlog of pending requests and administrative appeals for the past two 

fiscal years. You should refer to those numbers when completing this section of 

your Chief FOIA Officer Report. In this section you should address the following 

elements. 

1. If your agency has a backlog, report here whether that backlog is decreasing. 

That reduction should be measured in two ways. First, report whether the number 

of backlogged requests and backlogged administrative appeals that remain pending 

at the end of the fiscal year decreased or increased, and by how many, when 

compared with last fiscal year. Second, report whether your agency closed in Fiscal 

Year 2010 the ten oldest of those pending requests and appeals from Fiscal Year 

2009, and if not, report how many of them your agency did close. 

OSHRC currently has no backlog of FOIA requests or administrative appeals, and had no 

backlog of FOIA requests or administrative appeals in FY09 or FY10. 
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2. If there has not been a reduction in the backlog as measured by either of these 

metrics, describe why that has occurred. In doing so, answer the following 

questions and then include any other additional explanation: 

a. Is the backlog increase a result of an increase in the number of incoming requests 

or appeals? 

N/A. 

b. Is the backlog increase caused by a loss of staff? 

N/A. 

c. Is the backlog increase caused by an increase in the complexity of the requests 

received? 

N/A. 

d. What other causes, if any, contributed to the increase in backlog? 

N/A. 

3. Describe the steps your agency is taking to reduce any backlogs and to improve 

timeliness in responding to requests and administrative appeals. In doing so answer 

the following questions and then also include any other steps being taken to improve 

timeliness. 

a. Does your agency routinely set goals and monitor the progress of your FOIA 

caseload? 

Yes. 

b. Has your agency increased its FOIA staffing? 

Yes, by approximately half of a full-time employee (FTE). 

c. Has your agency made IT improvements to increase timeliness? 

Yes. OSHRC is presently evaluating its transition to a new docket management system, 

which would facilitate the processing of FOIA requests that seek records associated with 

OSHRC cases. The agency has also updated its IT infrastructure, including desktops, 

servers, and data circuits. 

d. Has your agency Chief FOIA Officer been involved in overseeing your agency’s 

capacity to process requests? 
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Yes. The Chief FOIA Officer reviews every FOIA response sent from the agency’s 

FOIA Requester Service Center, monitors the weekly FOIA caseload, and promotes 

active cooperation among the departments within the agency on FOIA matters. As a 

result, the FOIA Requester Service Center responds to FOIA requests well within the 

statutory time limits. OSHRC’s average response time in FY10 for all processed 

perfected requests was 10.7 days, and its average response time in FY10 for its complex 

FOIA requests was 26 days. 

To further improve timeliness, especially regarding complex requests, OSHRC’s FOIA 

personnel: (1) are vigilant about identifying situations appropriate for proactive 

disclosures of records; (2) maintain close communication with FOIA requesters and 

OSHRC’s offices conducting searches for requested records; and (3) seek ways to 

streamline the agency’s FOIA processing procedures. Since March 1, 2010, OSHRC has 

had no administrative appeals. 

Spotlight on Success

Out of all the activities undertaken by your agency in this last year to increase 

transparency, describe here one success story that you would like to highlight as 

emblematic of your efforts. 

This past year, OSHRC revised its regulations implementing the FOIA, updating them to 

reflect the amendments to the FOIA from the Openness Promotes Effectiveness in our 

National Government Act of 2007 (OPEN Government Act). The regulations became 

effective August 16, 2010. OSHRC also revised its FOIA Reference Guide, 

incorporating the guiding principle of the presumption of openness underlying the 

President’s FOIA Memorandum and Attorney General’s FOIA Guidelines. These 

records are available on the agency’s FOIA webpage at: 

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