The U.S. Occupational Safety and Health Review Commission

OSHRC

FISCAL YEAR 2022 

PERFORMANCE BUDGET AND JUSTIFICATION

May 2021 
Table of Contents

Fiscal Year 2022 

Performance Budget and Justification

I. INTRODUCTION – MISSION, VISION, AND STRATEGIC GOALS

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

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

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

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

II. BUDGET REQUEST SUMMARY

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

E-Filing System ........................................................................................................................ 4

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

III. APPROPRIATIONS LANGUAGE

Appropriations Language .......................................................................................................... 5

IV. PERFORMANCE BUDGET JUSTIFICATION BY ORGANIZATIONAL UNIT

Performance Budget Justification ............................................................................................. 6

Administrative Law Judge Function ......................................................................................... 7

Commission Function ............................................................................................................. 17

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

V. BUDGET BY OBJECT CLASSIFICATION CATEGORY

Object Classification Table ..................................................................................................... 35

Budget Object Classification Detail........................................................................................ 36

VI. OTHER TABLES

Appropriation History ............................................................................................................. 40

Authorized Full Time Positions by Function .......................................................................... 41
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 completely independent of the Department of Labor to ensure that 

OSHA’s enforcement actions are carried out in accordance with the law and that parties are 

accorded due process.

Functions and Procedures

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

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

affected employee who files a timely notice of contest 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 employee safety and health. 

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 (fiscal years 2018 through 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 Review Commission requests an appropriation of $15,028,000 to continue its mission of 

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

programs, support 63 full-time equivalent (FTE) positions, and maintain our electronic filing (efiling) system in fiscal year (FY) 2022. This represents an increase of $1,803,000, and 8 FTE 

positions relative to the 2021 Enacted levels. This request supports the goal in the Review 

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

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

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

COVID-19 pandemic on March 12, 2021. The purpose of the NEP is to ensure that “employees 

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

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

hazard. In addition, it directed OSHA to ensure that workers are protected from retaliation for 

raising safety and health concerns related to COVID-19. This increased enforcement effort 

requires that 5% of each OSHA region’s total inspections relate to COVID-19 (OSHA-wide this 

is approximately 1,600 total inspections). This rise in inspections is expected to elevate the 

number of contested cases docketed with the Review Commission and result in an increased 

workload. 

Our FY 2022 estimated costs, which combined total $15,028,000, include: 

• $11,325,770 to support direct payroll and related costs for 63 FTE positions. These costs 

are approximately 75 percent of the Review Commission’s budget request; 

• $1,722,466 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); 

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

• $1,440,014, the remaining amount, to be used for travel expenses for ALJs to hold 

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

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

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

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

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

transparency initiatives.
4 

E-Filing System

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

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

respondents’ parties as well as agency staff. It also directly supports our annual performance 

plan’s goals and targets, promotes transparency, supports technology improvements, and 

integrates business process automation to improve accuracy and efficiency in case management 

practices. This budget request includes $55,000 for licensing and $40,000 for customized 

reporting and continued enhancements to the e-filing system.

Language Access Plan

On February 17, 2011, the U.S. Attorney General issued a Memorandum for Heads of Federal 

Agencies, among others, regarding the Federal Government’s Renewed Commitment to 

Language Access Obligations Under Executive Order (EO) 13166 (AG Memo). The AG Memo 

requested that each agency join the Department of Justice (DOJ) in recommitting to the 

implementation of EO 13166 by: (1) establishing a Language Access Working Group (LAWG) 

to be responsible for implementing the Executive Order; (2) evaluating and/or updating its 

Limited English Proficiency (LEP) Plan; (3) establishing a schedule to periodically evaluate and 

update its LEP services, policies, plans, and protocols; (4) ensuring agency staff can competently 

identify LEP contact situations and take the necessary steps to provide meaningful access; (5) 

notifying the public of its LEP policies, plans, and procedures; (6) assessing non-English 

language proficiency when considering hiring criteria; and (7) collaborating with other agencies 

for written translations intended for mass distribution. 

The Review Commission has made significant progress in the development and implementation 

of a Language Access Plan (LAP) to fulfill its obligation under EO 13166. In 2011, OSHRC 

revised its LAP to more efficiently implement key actions required by EO 13166 and Title VI of 

the Civil Rights Act of 1964. In May 2014, responsibility for the LAP was transferred to the 

Office of the Chief Administrative Law Judge (OCALJ). A draft updated plan was developed 

and circulated to all judges and key Review Commission staff members for review and feedback. 

The Review Commission implemented the revised and updated plan in August 2014. Based on 

feedback received from DOJ, the LAP was revised again in November 2015. The current LAP 

has been implemented by OSHRC and a copy was forwarded to DOJ. 

The Review Commission’s goal is to ameliorate LEP as a barrier to accessing its programs and 

activities; consequently, the agency is committed to taking reasonable steps through which LEP 

persons can meaningfully access its services consistent with its fundamental mission and existing 

law. To accomplish this important goal, the FY 2022 budget request includes $10,000 to cover 

services for translation of documents and interpreters for individuals with LEP.
III. APPROPRIATIONS

LANGUAGE 
5 

FY 2022 

Appropriations Language

U.S. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES 

For expenses necessary for the U.S. Occupational Safety and Health Review Commission, 

[$13,225,000] $15,028,000.
IV. PERFORMANCE

BUDGET JUSTIFICATION

BY ORGANIZATIONAL

UNIT
6 

Performance Budget Justification

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

overarching mission: 

1. The Administrative Law Judge function; 

2. The Commission 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 positions by Function

FY 2020

Actual

FY 2021 

Enacted

FY 2022 

Request

$ FTE $ FTE $ FTE

Administrative Law Judge 6.5 26 6.3 26 6.5 27

Commission 5.0 20 5.2 22 6.6 28

Executive Director 1.7 7 1.7 7 1.9 8

Total 13.2 53 13.2 55 15.0 63 
7 

Administrative Law Judge Function

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

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

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

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

brought before the Review Commission and its ALJs. 

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

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

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

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

Commission rule, the Federal Rules apply. 

Proceedings Before the Review Commission’s ALJs

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

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. An employee and/or employee representative 

may challenge the abatement period by filing a notice of contest with the Secretary of Labor 

within 15 working days of receipt of the citation issued by OSHA. The Secretary of Labor 

transmits the notice of contest and all relevant documents to the Review Commission’s 

Executive Secretary for filing and docketing. After the case is docketed, it is forwarded to the 

OCALJ for assignment to an ALJ. The case is generally assigned to an ALJ in the Review 

Commission office closest to where the alleged violation occurred. Thereafter, the ALJ has full 

responsibility for all pre-hearing and pre-trial procedures and is charged with providing a fair and 

impartial hearing in an expeditious manner and rendering a decision promptly. 

ALJ Operations

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

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

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

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

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

OSHA completed 21,710 inspections in FY 2020 and estimates it will complete 31,013 

inspections in FY 2021 and 36,984 inspections in FY 2022. Of particular importance over the 

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

being contested has remained high, resulting in the high number of contested cases being 

docketed. 

Since FY 2008, there has been a notable increase in the number of contested cases. Moreover, 

OSHA’s administrative policy implemented in FY 2011 and the increase in OSHA penalties 
8 

required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 

have led to an increase in the average penalty for violations, as well as the contest rate. In FY 

2017, the Review Commission docketed 2,168 contested cases; 2,144 in FY 2018; 2,017 in FY 

2019; 1,845 in FY 2020; and it estimates it will have docketed 2,020 at the end of FY 2021 and 

2,100 at the end of FY 2022. We attribute the decrease in the number of docketed cases for FY 

2020 to the circumstances created by the national emergency declared on March 13, 2020, due to 

the COVID-19 pandemic. This emergency has created a situation for OSHA which is destined to 

affect the Review Commission’s workload. Thus, on March 12, 2021, OSHA issued a NEP to 

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

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

potential exposure to this hazard. In addition, it directs OSHA to ensure that workers are 

protected from retaliation for raising safety and health concerns related to COVID-19. This 

increased enforcement effort requires that 5% of each OSHA region’s total inspections relate to 

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

expected to elevate the number of contested cases docketed with the Review Commission and 

result in an increased workload. 

In addition to the high number of contested cases that have resulted from OSHA’s penalty 

increases, OSHA’s emphasis in recent years on serious workplace hazards has translated into 

more complicated cases and more costly trials (e.g., cases involving heat stress, lock-out/tag-out, 

workplace violence, confined spaces, health care hazards, asbestos, process safety management, 

construction industry hazards, etc.). 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 timeintensive high-impact 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’s 

resources because ALJs must invest a greater amount of time in handling those matters. 

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

following: 

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

• Volume of documents, including transcripts; 

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

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

infectious diseases); 

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

separate items); or 

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

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

confined spaces. 
9 

The Review Commission continues to improve the efficiency of case processing by moving a 

selected number of cases into Mandatory Settlement Part and Simplified Proceedings programs, 

both of which are innovative methodologies to speed the settlement or adjudication of pending 

cases. Our Mandatory Settlement Part was deemed a success in 2013. See

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

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

Settlement Part Program. With the higher caseload levels of recent years, the Mandatory 

Settlement Part has been an important tool in avoiding a backlog of cases at the ALJ level. 

Furthermore, the Review Commission has ensured that training and regular continuing legal 

education in mediation and dispute resolution is provided to every ALJ who is expected to serve 

as a Settlement Judge as reflected in our performance goal in our FY 2018 – FY 2022 Strategic 

Plan.

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

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

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

Secretary of Labor is $185,000 or greater, the Mandatory Settlement Part procedure goes into 

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

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

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

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

successful, the case may be assigned to a different ALJ for trial). 

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 ALJ. The process allows parties 

with relatively simple cases to have their “day in court” unencumbered by formal procedural and 

evidentiary rules, while ensuring that due process requirements are maintained. Under this 

process, a business, with or without counsel, can present its case before an ALJ and receive a 

prompt decision. Most paperwork, including legal filings, is eliminated so that justice can be 

rendered swiftly and inexpensively. The process reduces the time and legal expenses to 

employers contesting relatively small penalty cases.

Twenty-six percent of new cases were assigned to Simplified Proceedings in FY 2020. The 

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

Simplified Proceedings process in FY 2021 and FY 2022. 
10 

Simplified Proceedings Case Activity

FY 2017 through FY 2022

FY

2017 

Actual

FY

2018 

Actual

FY

2019 

Actual

FY

2020 

Actual

FY

2021 

Estimate

FY 

2022 

Estimate

New Cases 2,168 2,144 2,017 1,845 2,020 2,100

Cases 

Assigned to 

Simplified 

Proceedings 

630 649 550 470 600 600 

Anticipated ALJ Workload for FY 2022

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 Part process; and (4) the number of 

trials held and their length and complexity. 

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

caseload. In particular, high hazard workplace inspections – especially those with high injury and 

illness rates, fatalities, repeat offenders, and egregious violations – tend to result in more 

complex and contentious cases, which consume extensive time. Moreover, OSHA’s emphasis on 

COVID-19 related inspections will likely lead to additional cases raising complex and novel 

issues. The discovery process is lengthy and time-consuming, motion practice is expanded, legal 

research and decision-writing time is protracted, and, of necessity, the trial process is elongated 

and complicated. Additionally, these cases tend to result in larger contestable proposed penalties, 

which leads to more cases being contested. 
11 

ALJ Workloads 

The following table provides actual ALJ workloads for fiscal years 2017 through 2020 and 

estimated workloads for fiscal years 2021 and 2022. 

FY 2017 

Actual

FY 2018 

Actual

FY 2019 

Actual

FY 2020 

Actual

FY 2021 

Estimate

FY 2022 

Estimate

OSHA 

Inspections1

: 32,369 32,020 33,401 21,710 31,013 36,984 

Administrative Law Judge Workload: 

A. Case Inventory,

Start of Year 1,109 1,129 1,064 1,248 1,259 1,399 

B. New Cases 2,168 2,144 2,017 1,845 2,020 2,100 

C. Total Caseload 3,277 3,273 3,081 3,093 3,279 3,499 

D. Disposals 

(1) With 

Hearing 44 38 35 44 35 45 

(2) Mandatory 

Settlement 

Conferences

85 45 35 28 45 55 

(3) Without 

Hearing 2,019 2,126 1,763 1,762 1,800 1,950 

E. Total 

 Dispositions 2,148 2,209 1,833 1,834 1,880 2,050 

Total Case 

Inventory, 

End of Year 1,129 1,064 1,248 1,259 1,399 1,449 

1 Provided by OSHA. 
12 

Staffing

The OCALJ requires 27 FTE positions in FY 2022 to support the workload based on OSHA’s 

planned inspections and contest rates in the coming years and to meet performance targets, given 

the number and complexity of the cases anticipated. 

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

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

resource and time-intensive high-impact 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 highimpact strategic cases. The increase in complexity of cases is a challenge for the Review 

Commission because processing such cases requires the ALJs to invest a greater amount of time 

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

the volume of cases. This request supports the goal in the Review Commission’s Strategic Plan 

to improve service to the public. 

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

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

and assigns each case to an ALJ; 

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

ensure that performance goals are met;

• Supervises judicial and administrative staff and ensures that they receive 

appropriate training to perform their responsibilities; and 

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

OSHRC’s procedures are as efficient as possible.

FUNDING (IN MILLIONS) AND FTE POSITIONS

FY 2020 Actual FY 2021 Enacted FY 2022 Request

$ FTE $ FTE $ FTE

Administrative 

Law Judge 

Function 6.5 26 6.3 26 6.5 27 
13 

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’s Strategic 

Plan for FY 2018 through FY 2022 focuses on four goals: (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 strategic goals and objectives. The Strategic Plan includes 

the following goals and outcomes related to this function: 

Public Service Goal Outcome Goals 

Promptly and fairly 

resolving 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.2

• 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; 

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

such cases; 

2 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.
14 

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 

Alternative Dispute Resolution (ADR) methods, including a review of recommendations 

resulting from the evaluation of the Mandatory Settlement Part; 

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

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

equal to the very best in judicial arenas; and

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

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

settlement discussions.

The following are the performance goals for the OCALJ for fiscal years 2018 through 2022: 

Outcome 

Goals 

Performance

Measures

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY 

2020 

Actual

(Target)

FY

2021 

(Target)

FY

2022 

(Target)

Develop and 

implement 

case 

management 

practices that 

will 

minimize the 

average age 

of all 

pending ALJ

level cases.

Whether new 

case 

management 

practices have 

been developed 

and 

implemented.

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) 

98% of cases 

received in 

our e-file 

system as a 

result of 

scheduling 

orders 

directing efiling and the 

implementation of

mandatory 

e-filing in 

June 2019.

Target not 

met

(100% of all 

pleadings 

received in 

our electronic 

filing system 

would have 

been initiated 

electronically)

100% of all 

pleadings 

received in 

our electronic 

filing system 

would have 

been initiated 

electronically. 

100% of all 

pleadings 

received in 

our electronic 

filing system 

would have 

been initiated 

electronically.
15 

Outcome 

Goals 

Performance

Measures

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY 

2020 

Actual

(Target)

FY

2021 

(Target)

FY

2022 

(Target)

Ensure that a 

significant 

proportion of 

both complex 

and noncomplex 

cases at the 

ALJ level are 

resolved 

within one 

year to 20 

months from 

docketing.

3

 

-Percent of 

simplified cases 

disposed of 

within one year 

at ALJ level.

-Percent of 

conventional 

cases disposed 

of within 17 

months.

-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.

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.

97% 

Target met

-Dispose of 

90% of 

conventional 

cases within 

17 months.

96%

Target met

-Dispose of 

95% of 

settlement 

part cases 

within 19 

months.

96%

Target met

-Dispose of 

95% of 

complex cases 

within 20 

months.

94%

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.

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

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

occurs approximately 60 days after the case has been docketed due to the parties’ frequent requests for extensions of 

time for filing initial pleadings.
16 

Outcome 

Goals 

Performance

Measures

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY 

2020 

Actual

(Target)

FY

2021 

(Target)

FY

2022 

(Target)

Provide 

training 

opportunities 

to (1) ALJs 

and (2) all 

attorneys and 

support staff,

in order to 

enhance their 

capabilities on 

technical and 

legal issues, 

legal writing, 

ethics, and 

technology 

and case 

management.

Increased 

attendance and 

participation in 

training 

opportunities, 

internal and/or 

external, for 

ALJs and all 

attorneys and 

support staff.

Training 

opportunities 

were 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.))

Training 

opportunities 

were provided 

to all ALJs, 

attorneys, and 

support staff. 

Target met

(Attendance 

and 

participation 

in at least one 

training 

opportunity 

devoted to 

management 

of electronic 

documents 

prior to and 

during 

hearings (i.e., 

e-filing, 

electronic 

discovery, or 

electronic 

exhibits.))

Attendance 

and 

participation 

in at least one 

training 

opportunity 

devoted to 

management 

of electronic 

documents 

prior to and 

during 

hearings (i.e., 

e-filing, 

electronic 

discovery, or 

electronic 

exhibits).

Attendance 

and 

participation 

in at least one 

training 

opportunity 

devoted to 

management 

of electronic 

documents 

prior to and 

during 

hearings (i.e., 

e-filing, 

electronic 

discovery, or 

electronic 

exhibits).
17 

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

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

Commission members may then review an ALJ’s decision. 

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

Commission any case decided by any ALJ. Absent such a direction for review, the ALJ’s 

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

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

including the ALJ’s findings of fact, conclusions of law, penalty assessments, and abatement 

orders.

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

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

proper disposition of motions and cases. The counsel also aids the Commissioner in researching, 

drafting, and editing opinions after the Commission votes on how to decide a case. 

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

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

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

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

opinions; it also provides legal advice on ethics, the Freedom of Information Act (FOIA), Equal 

Employment Opportunity (EEO), procurement, appropriations, the Privacy Act, and other areas.

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

Secretary, which is responsible for docketing cases at both the ALJ and Commission levels. The 

Executive Secretary serves as the Records Management Officer for the agency in coordination 

with the National Archives and Records Administration (NARA). 

Commission Operations

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

case management technology, the Commission seeks to strengthen the internal processes by 

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

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

cases; (3) and the novelty of the issues presented for review. 
18 

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

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

quorum, no cases can be decided. If there are only two Commissioners, it may be more difficult 

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

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

cases may be delayed.

The Commission operated with a full complement of Commissioners for nine months in FY 

2020. The Commission resolved 25 cases and met all four of its GPRA goal targets at the 

Commission level by the end of FY 2020. 

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

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

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

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

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

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

complicated cases and longer, more costly trials. Consequently, the number, complexity, and size 

of the cases at the ALJ and Commission levels have increased significantly in recent years.

Anticipated Commission Workload for FY 2022 

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

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

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

imposition of higher penalties, and/or more complex technical issues), the result may be a higher 

percentage of cases being petitioned for review. 

In FY 2020, the Commission had 19 cases pending on its docket at the beginning of the year. It 

received 29 new cases and resolved 25 cases by year-end. Thus, the Commission entered FY 

2021 with 23 cases pending review. During FY 2021, the Commission estimates receiving 15 

new cases and resolving 17 cases, ending FY 2021 with 21 cases pending review. For FY 2022, 

the Commission anticipates receiving 17 new cases, and disposing of 18 cases, ending that year 

with an inventory of 20 cases.
19 

Commission Case Activity 

FY 2017 

Actual

FY 2018 

Actual

FY 2019 

Actual

FY 2020 

Actual

FY 2021 

Estimate

FY 2022 

Estimate

New Cases:

Cases 

Directed for 

Review: 12 14 8 22 13 15 

Other New 

Cases:

Interlocutory 

Appeals: 0 0 0 2 0 0 

Remands: 0 2 2 5 2 2 

Other: 1 0 0 0 0 0 

Total Other 

New Cases: 1 2 2 7 2 2 

Total New 

Cases: 13 16 10 29 15 17 

Case 

Inventory 

from Prior 

Year:

29 29 22 19 23 21 

Total Caseload: 42 45 32 48 38 38 

Dispositions: 14 23 13 25 17 18 

Case Inventory, 

End of Year: 294 22 19 23 21 20 

4 Revised to reflect actual case inventory for the end of FY 2017.
20 

Staffing

The Commission function requires 28 FTE positions in FY 2022. 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 2020 Actual FY 2021 Enacted FY 2022 Request

$ FTE $ FTE $ FTE

Commission

Function 5.0 20 5.2 22 6.6 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’s Strategic 

Plan for FY 2018 through FY 2022 focuses on four goals: (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 strategic goals and objectives. The Strategic Plan includes 

the following goals and outcomes related to this function: 
21 

Public Service 

Goal Outcome Goals5

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.

6

• 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.

7

 

• 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; and

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

processing. 

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

or prosecutions are being pursued.

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

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

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

Also, where the parties have indicated intent to settle a priority case, the timeframe will be tolled. 7 External factors, such as lack of a quorum or recusal of a Commissioner, may adversely affect the Review 

Commission’s ability to meet these goals.
22 

The following are the performance goals for the Commission for FY 2018 – FY 2022: 

Outcome 

Goals 

Performance 

Measures

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

Actual

(Target)

FY

2021 

(Target)

FY

2022 

(Target)

Resolve all 

priority cases 

at the 

Agency in a 

timely 

manner.

Percent of 

priority cases 

disposed of 

within 6 

months.

100%

Target met

(100%)

100%

Target met

(100%)

100%

Target met

(100%)

100% 100%

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.

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.) 

New case 

management 

practices were 

implemented.

Target met

(Implement 

new case 

management 

practices.) 

Evaluate 

implementation of case 

management 

practices.

Full 

implementation of case 

management 

practices.

Reduce the 

average age 

of all pending

Review-level 

cases to 20 

months from

direction for 

review.

Average age of 

all pending 

Review-level 

cases.

Average age 

of all Reviewlevel cases 

was reduced 

to 24 months.

Target met

(Average age 

of all Reviewlevel cases

reduced to 26

months8

.) 

Average age 

of all Reviewlevel cases 

reduced to 26 

months.

Target not 

met

(Average age 

of all Reviewlevel cases 

reduced to 24 

months.) 

Average age 

of all Reviewlevel cases 

reduced to 14 

months.

Target met 

(Average age 

of all Reviewlevel cases 

reduced to 22

months.) 

Average age 

of all Reviewlevel cases 

reduced to 20

months.

Average age 

of all Reviewlevel cases 

reduced to 20

months.

8 For instance, for FY 2018, the target goal now calculates the average age of a review-level case based on: (1) cases 

that are docketed at the review level and decided during the time frame of October 1, 2017 through September 30, 

2018; and (2) the age of all cases pending on September 30, 2018. 
23 

Outcome 

Goals 

Performance 

Measures

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

Actual

(Target)

FY

2021 

(Target)

FY

2022 

(Target)

Reduce the 

number of 

Review-level 

cases over 

two years in 

age.

Percent 

reduction in the 

number of 

Review-level 

cases over two 

years in age.

Share of 

Review-level 

cases over two 

years in age 

was 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 

cases9

.) 

Share of 

Review-level 

cases over two 

years in age 

was 55% of all 

cases.

Target not 

met

(Reduce the 

share of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

33% of all 

cases.) 

Share of 

Review-level 

cases over two 

years in age 

was 25% of 

all cases.

Target met

(Reduce the 

share of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

25% of all 

cases.)

Reduce the 

share of 

Review-level 

cases over two 

years in age as

follows: No 

greater than 

20% of all 

cases.

Maintain the 

share of 

Review-level 

cases over two 

years in age as 

follows: No 

greater than 

20% of all 

cases.

9 For instance, for FY 2018, the target goal takes into account case production from October 1, 2017 through 

September 30, 2018, with the final percentage measured as of the end of the FY.
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 OEXD Workload for FY 2022 

During FY 2022, 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 has made great strides with improving 

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

more information available to internal and external customers, and undertaking other activities in 

support of our mission. We will continue these efforts in FY 2021 and FY 2022. 

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

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

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

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

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

efficiency in its case management practices. 

Staffing

The Executive Director function requires 8 FTE positions in FY 2022. 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. 
26 

FUNDING (IN MILLIONS) AND FTE

FY 2020 Actual FY 2021 Enacted FY 2022 Request

$ FTE $ FTE $ FTE

Executive Director

Function 1.7 7 1.7 7 1.9 8 

Strategic Plan and Outcome Goals

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

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

Government Performance and Results Act (GPRA) of 1993, the Review Commission’s Strategic 

Plan for FY 2018 through FY 2022 focuses on four goals: (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 strategic goals and objectives. The Strategic Plan includes 

the following goals and outcomes related to this function: 

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. 
27 

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; 

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; and
28 

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 OEXD performance goals for FY 2018 – FY 2022: 

Outcome 

Goals

Performance 

Measures

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

Actual

(Target)

FY

2021 

(Target)

FY

2022 

(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. 

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.) 

Materials were 

posted to the 

agency’s website 

within one day 

after issuance.

Target met

(All material 

posted no later 

than 4 days after 

issuance.) 

All material 

posted no later 

than 3 days 

after issuance. 

All material 

posted no later 

than 3 days 

after issuance. 
29 

Outcome 

Goals

Performance 

Measures

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

Actual

(Target)

FY

2021 

(Target)

FY

2022 

(Target)

Broaden the 

Review 

Commission’s 

outreach 

activities to 

the regulated 

community.

-Participation in 

professional 

conferences and 

meetings and 

strategic 

engagement with 

the regulated 

community.

-Creation of 

electronic 

subscription 

service.

Alert service 

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.) 

Continued to 

utilize and 

monitor the alert 

service on the 

agency’s website

to engage the 

public.

Target met

(-Increased 

participation in at 

least two 

activities or 

meetings that 

promote strategic 

engagement to 

disseminate 

information 

including trends 

and services (e.g., 

LEP) provided by 

the agency.

-Monitor the use 

of alert service 

used to engage 

the public.) 

-Increased 

participation in 

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 

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-71510

guidance.

-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.))

-Agency 

directives 

pertaining to 

workplace 

flexibilities were 

updated.

-Devoted 

budgetary 

resources to 

training.

-Reviewed 

performance 

management 

directives.

Target met

(-Ensure that the 

agency’s 

performance 

management 

system(s) are 

aligned with its 

goals and 

objectives.

-Enhance 

employee 

development and 

learning 

opportunities by 

making budgetary 

resources 

available for staff 

training.

-Annually review 

and/or update 

agency directives 

pertaining to 

workplace 

flexibilities (e.g., 

hours of work, 

telework.)) 

-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.) 

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

Agencies.
31 

Outcome 

Goals

Performance 

Measures

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

Actual

(Target)

FY

2021 

(Target)

FY

2022 

(Target)

Develop and 

present an 

annual budget 

and 

performance 

plan that 

clearly 

presents how 

the 

organization 

will 

accomplish 

governmentwide 

management 

priorities, 

agency-wide 

goals, and 

organizational 

goals. 

System that links 

resources to 

specific 

activities that 

support 

measurable 

programmatic 

outcomes and 

objectives. 

Aligned budget 

with agency 

program goals 

to efficiently 

accomplish 

mission (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.)) 

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). 
32 

Outcome 

Goals

Performance 

Measures

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

Actual

(Target)

FY

2021 

(Target)

FY

2022 

(Target)

Ensure that 

employees are 

aware of the 

agency’s 

mission and 

how they 

contribute to 

its accomplishments.

Communicate 

significant 

organizational 

accomplishments with staff.

Annual Federal 

Employee 

Viewpoint 

Survey results 

were assessed. 

Routine 

meetings were 

conducted. 

Target met

(-Communicate 

significant 

organizational 

accomplishments with 

staff during allhands staff 

meetings and 

during 

supervisory/

employee 

meetings.

-Use results of 

the annual 

Federal 

Employee 

Viewpoint 

Survey to 

assess 

employees’ 

knowledge of 

how their work 

relates to the 

agency’s goals 

and priorities.) 

-Routine staff 

meetings were 

conducted.

-Annual Federal 

Employee 

Viewpoint 

Survey results 

were analyzed.

Target met

(-Communicate 

significant 

organizational 

accomplishments with staff 

during all-hands 

staff meetings 

and during 

supervisory/

employee 

meetings.

-Use results of 

the annual 

Federal 

Employee 

Viewpoint 

Survey to assess 

managers and 

supervisor’s 

communication 

with employees 

about the 

agency’s goals 

and priorities.) 

-Routine staff 

meetings were 

conducted.

-Annual Federal 

Employee 

Viewpoint Survey 

results were 

analyzed.

Target met

(-Communicate 

significant 

organizational 

accomplishments 

with staff during 

all-hands staff 

meetings and 

during 

supervisory/

employee 

meetings.

-Use results of the 

annual Federal 

Employee 

Viewpoint Survey 

to assess 

managers and 

supervisor’s 

communication 

with employees 

about the 

agency’s goals 

and priorities.) 

-Communicate 

significant 

organizational 

accomplishments with 

staff during allhands staff 

meetings and 

during 

supervisory/em

ployee 

meetings.

-Use results of 

the annual 

Federal 

Employee 

Viewpoint 

Survey to 

assess 

managers and 

supervisor’s 

communication 

with employees 

about the 

agency’s goals 

and priorities. 

-Communicate 

significant 

organizational 

accomplishments with 

staff during allhands staff 

meetings and 

during 

supervisory/em

ployee 

meetings.

-Use results of 

the annual 

Federal 

Employee 

Viewpoint 

Survey to 

assess 

managers and 

supervisor’s 

communication 

with employees 

about the 

agency’s goals 

and priorities. 
33 

Outcome 

Goals 

Performance 

Measures

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

Actual

(Target)

FY

2021 

(Target)

FY

2022 

(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.

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.) 

-Updated 

existing server 

infrastructure.

-Began moving 

server systems 

to the cloud 

and expanding

existing data 

circuits to 

accommodate 

increased 

bandwidth 

usage.

Target met

(-Reduce 

physical 

servers through 

virtualization.

-Reduce the 

number of 

operating 

systems in use.

-Increase 

bandwidth for 

migration to 

cloud 

efficiencies.) 

-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.
34 

Outcome 

Goals 

Performance 

Measures

FY

2018 

Actual

(Target)

FY

2019 

Actual

(Target)

FY

2020 

Actual

(Target)

FY

2021 

(Target)

FY

2022 

(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.

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.) 

-Provided live 

virtual ethics 

training to 

agency filers in 

accordance 

with training 

flexibilities 

allowed by 

OGE due to 

the coronavirus 

pandemic.

(1) Promptly

conducted 

internal 

discussions of 

ethics inquiries 

as they arise; 

(2) gathered

information 

needed from 

inquirer to 

respond as 

soon as need 

for additional 

information 

arose; and (3) 

timely 

consulted OGE 

regulations and 

guidance, past 

advice, and 

additional 

resources.

Target met

(-Provide inperson ethics 

training to all 

agency filers.

 

-Implement a 

plan to 

decrease 

response time 

to ethics 

inquiries.) 

-Provide 

annual and 

more frequent 

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
35 

Budget by Object Classification (BOC) Category

The Review Commission requests an appropriation of $15,028,000 to continue our mission of 

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

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

increase of 8 FTE positions relative to the 2021 Enacted levels, as well as funding for other 

expenses. 

The proposed budget for FY 2022 along with the FY 2020 actual and FY 2021 enacted amounts 

is 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 2020, 2021 and 2022 

(Dollars in Thousands) 

 Change

 FY 2021 – FY 2022 

Budget Object Class FY 2020

Actual

FY 2021

Enacted

FY 2022

Request $ % 

11.0 Personnel 

Compensation $6,678 $7,462 $8,455 +993 +13.31 

12.0 Personnel Benefits 2,118 2,237 2,871 +634 +28.34 

Subtotal Personnel Services 8,796 9,699 11,326 +1,627 +16.77 

21.0 Travel 68 185 230 +45 +24 

22.0 Transportation of 

Things 8 10 10 -0- -0- 

23.1 Space Rental 

Payments (GSA) 1,679 1,625 1,722 +97 +5.97 

23.3 Communications, 

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

24.0 Printing and 

Reproduction 2 17 10 -7 -41.18 

25.0 Other Services 1,805 1,005 1,046 +41 +4 

26.0 Supplies and 

Materials 53 43 43 -0- -0- 

31.0 Equipment 277 369 369 -0- -0- 

Unobligated 265 

Grand Total $13,225 $13,225 $15,028 +1,803 +13.63
36 

Budget Object Classification Detail

11.0 Personnel Compensation 

Change FY 2021 Enacted – FY 2022 Request

FY 2021 Enacted FY 2022 Request Amount Percent

7,462,000 8,455,000 +993,000 +13.31

The Review Commission requests $8,455,000 to fund direct payroll in FY 2022. 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. The performance-based awards program is designed to reflect meaningful distinctions based 

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

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

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

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

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

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

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

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

Plan for FY 2018 - FY 2022. 

In FY 2020, the Review Commission spent two percent of aggregate salaries for all General 

Schedule employees for the combination of individual performance awards and individual 

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

Senior Executive Service awards was $114,000. The Review Commission’s performance 

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

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

12.0 Personnel Benefits 

Change FY 2021 Enacted – FY 2022 Request

FY 2021 Enacted FY 2022 Request Amount Percent

2,237,000 2,871,000 +634,000 +28.34

The requested amount for benefits in FY 2022 is $2,871,000. This amount will fund payrollrelated costs of employee benefits in FY 2022. These benefits principally consist of the 

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

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

the Thrift Savings Plan. 
37 

21.0 Travel 

Change FY 2021 Enacted – FY 2022 Request

FY 2021 Enacted FY 2022 Request Amount Percent

185,000 230,000 +45,000 +24

The requested amount for travel in FY 2022 is $230,000. Travel of ALJs to conduct hearings 

accounts for approximately 90 percent of this request. The remaining 10 percent of these funds is 

for travel associated with training, necessary travel to the regional offices, and other 

requirements. By law, hearings must be conducted as close as possible to the site of the alleged 

violation. It should be noted that the COVID-19 pandemic had a significant impact on our ability 

to hold in-person hearings in fiscal years 2020 and 2021. We were able to hold remote 

proceedings in mandatory settlement conferences and less complex hearings, however, this was 

not possible in the more complex cases. Many complex matters will require in-person multi-day 

and in some instances multi-week hearings. These matters have been continued to the fall of 

2021 and into 2022. Accordingly, we have a backlog of cases which would have been heard 

during fiscal years 2020 and 2021 when travel ceased. In anticipation of these cases, along with 

the increased caseload, we are requesting a higher amount for travel costs in comparison to 

previous years. 

22.0 Transportation of Things 

Change FY 2021 Enacted – FY 2022 Request

FY 2021 Enacted FY 2022 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 2021 Enacted – FY 2022 Request

FY 2021 Enacted FY 2022 Request Amount Percent

1,625,000 1,722,000 +97,000 +5.97

The request includes $1,722,000 for office space rental for the National and Regional Offices. 

These projected rent costs are based on FY 2022 estimates provided by the General Services 

Administration (GSA) to the Review Commission. 

23.3 Communications, Utilities, and Miscellaneous Charges

Change FY 2021 Enacted – FY 2022 Request

FY 2021 Enacted FY 2022 Request Amount Percent

272,000 272,000 -0- -0-
38 

The Review Commission requests $272,000 for communication costs in FY 2022. This amount 

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

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

transparency, supports technology improvements, 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 maintains an e-filing system with a hosted internet-based interface that 

accommodates the electronic filing of litigation documents. This budget 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 expenses 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 2021 Enacted – FY 2022 Request

FY 2021 Enacted FY 2022 Request Amount Percent

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

The requested amount for printing in FY 2022 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 2022. 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 2021 Enacted – FY 2022 Request

FY 2021 Enacted FY 2022 Request Amount Percent

1,005,000 1,046,000 +41,000 +4

The requested for other services in FY 2022 is $1,046,000. 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 $444,750 is requested for services 

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

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

along with higher costs for our Interagency Agreements with the Office of Personnel 

Management (OPM) and NARA. This area includes $14,000 for personnel and payroll services 
39 

provided by NFC, $326,000 for financial and administrative services provided by the Bureau of 

the Fiscal Service (BFS), and $56,000 for building security (estimated). The remaining amount 

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

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

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

out our mission. These include court reporting ($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 ($40,000); 

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 ($30,000). 

26.0 Supplies and Materials 

Change FY 2021 Enacted – FY 2022 Request

FY 2021 Enacted FY 2022 Request Amount Percent

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

The requested amount for supplies and materials in FY 2022 is $43,000. This amount includes 

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

31.0 Equipment 

Change FY 2021 Enacted – FY 2022 Request

FY 2021 Enacted FY 2022 Request Amount Percent

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

The requested amount for equipment in FY 2022 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 
40 

The U.S. Occupational Safety and Health Review Commission

Appropriation History

Fiscal 

Year

Request to 

Congress

House 

Allowance

Senate 

Allowance

Appropriation

2000 $8,500,000 $8,100,000 $8,500,000 $8,470,00011

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

2002 $8,964,000 $8,964,000 $8,964,000 $8,958,00012

2003 $9,577,000 $9,577,000 $9,577,000 $9,673,00013

2004 $10,115,000 $10,115,000 $9,610,000 $9,863,00014

2005 $10,516,000 $10,595,000 $10,595,000 $10,510,24015

2006 $10,510,000 $10,510,000 $10,510,000 $10,404,90016

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

2008 $10,696,000 $10,696,000 $10,696,000 $10,696,00017

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 $11,712,00018

2012 $12,773,000 $11,689,000 $11,689,000 $11,689,00019

2013 $11,965,000 $11,667,000 $11,667,000 $11,666,90820

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

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

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

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

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

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

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

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

2022 $15,028,000

11 Reduced to $8,470,000 by P.L. 106-113. 12 Reduced to $8,958,000 by P.L. 107-206. 13 Reduced to $9,610,125 by P.L. 108-7. 14 Reduced to $9,863,000 by P.L. 108-199. 15 Reduced to $10,510,240 by P.L. 108-447. 16 Reduced to $10,404,900 by P.L. 109-149. 17 Reduced to $10,509,141 by P.L. 110-161. 18 Reduced to $11,688,576 by P.L. 112-10. 19 Reduced to $11,666,908 by P.L. 112-74. 20 Reduced to $11,056,659 by P.L. 113-6 and Sequestration Order issued March 1, 2013. 
41 

Authorized Full Time Positions by Function

 FY 2020 FY 2021 FY 2022 

 Actual Enacted Estimate

 

Administrative Law Judge:

AL-II 1 1 1 

AL-III 11 11 11 

GS-14 7 7 7 

GS-13 0 0 0 

GS-12 1 1 1 

GS-11 0 0 0 

GS-10 0 0 0 

GS-9 4 3 4 

GS-8 2 3 3 

 Sub-total 26 26 27 

Commission: 

Executive Level III 1 1 1 

Executive Level IV 2 2 2 

ES-00 2 2 2 

GS-15 4 5 5 

GS-14 5 5 7 

GS-13 1 2 1 

GS-12 2 2 4 

GS-11 2 2 3 

GS-9 0 1 1 

GS-8 1 0 2 

GS-7 0 0 0 

 Sub-total 20 22 28 

Office of the Executive Director:

ES-00 1 1 1 

GS-15 1 1 1 

GS-14 1 1 1 

GS-13 0 0 0 

GS-12 3 3 3 

GS-11 0 1 1 

GS-9 1 0 0 

GS-7 0 0 1 

 Sub-total 7 7 8 

Total full-time positions: 53 55 63

Note: The FY 2022 columns reflect the number of FTE positions needed to continue to support our 

mission.