U.S. Occupational Safety and Health Review Commission Open Government Plan

Background

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

OSHRC) is an independent adjudicatory agency created by Congress in the Occupational 

Safety and Health Act of 1970. OSHRC’s statutory mandate is to serve as an 

administrative court providing fair and expeditious resolution of disputes involving the 

U.S. Department of Labor’s 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 is a completely independent 

agency that is not part of the Department of Labor. This helps ensure that OSHA’s 

enforcement actions are carried out in accordance with the law and that all parties receive 

due process.

The Review Commission has two levels of adjudication that are governed primarily by the 

agency’s Rules of Procedure. The first level of adjudication provides for a hearing before 

an OSHRC Administrative Law Judge (ALJ). The second level of adjudication provides 

for discretionary review of an ALJ’s decision by the panel of Commission members 

(Commissioners) when one of the Commissioners directs review of the decision.

Decisions of the Commission may be appealed to an appropriate U.S. Circuit Court of 

Appeals.

The Review Commission is classified as a “micro-agency” due to its small size 

(approximately 65 personnel). Because OSHRC’s functions are limited as described 

above, the agency does not maintain many of the types of “high value” datasets that are of 

particular interest under the Open Government initiative. The agency’s information 

technology (IT) staff consists of two full-time employees located in the National Office, 

whose primary duties are focused on operations, support, maintenance, and security of the 

agency’s computer and telecommunications infrastructure. The IT staff is also 

responsible for posting Review Commission website content. 
2

The Review Commission’s public affairs functions are performed by a staff member in the 

Chairman’s Office. 

Despite its small size and modest resources, the Review Commission is fully committed to 

the goals of the Open Government Directive, including transparency, participation, and 

collaboration in its operations and mission, consistent with the need to ensure respect for 

due process and privacy rights. 

Transparency

In accordance with Office of Management and Budget Directives M-10-06, “Open 

Government,” and M-16-16, “2016 Agency Open Government Plans,” the Review 

Commission maintains an Open Government webpage that is accessible from and 

highlighted on its main webpage. The Open Government webpage for OSHRC may be 

found at: https://www.oshrc.gov/open-government.

The Review Commission’s Open Government webpage includes three public disclosure 

datasets as follows: 

1. Commissioners’ Monthly Docket Report; 

2. Commissioners’ Monthly Case Activity Report; and 

3. Commission Briefing Notices.

The public may submit feedback and comments regarding OSHRC’s Open Government 

Plan using its dedicated email address: opengov@oshrc.gov. 

Additionally, the Review Commission’s Open Government webpage includes:
3

1. Significant Orders issued by the Commission; and 

2. Significant Orders issued by Administrative Law Judges.

These are non-dispositive orders of public interest that would not otherwise be available to 

the public absent a Freedom of Information Act (FOIA) request.

As a part of the Review Commission’s goal of promoting even greater transparency, it also 

posts the following information on the Review Commission’s website: 

 

1. Select non-merit based (procedural) ALJ decisions (posted under “Final ALJ 

Decisions”); 

2. All Commission-level oral arguments, using sound recordings and/or written 

transcripts (posted under “OSHRC e-FOIA Reading Room”); and

3. A listing on the Open Government page of docketed contests at the ALJ level

(posted under “Listing of New Cases Received”).

Additionally, OSHRC has been posting all ALJ decisions pending Commission review to 

the agency’s website since March 2009. As a result, the public has greater access to and 

information about ALJ decisions that are under review by the Commission. These 

decisions may be found under the “Decisions” tab of the Review Commission’s website 

home page and are available at: https://www.oshrc.gov/decisions. In addition, to assist 

the public in easily locating final agency decisions at both the ALJ and Commission level, 

OSHRC updated and expanded the website’s Decision Search feature in November 2022.

OSHRC revised its dedicated FOIA webpage in April 2022 to highlight useful resources 

for FOIA requesters and provide additional contact information for the submission of FOIA 
4

requests, among other revisions. OSHRC’s FOIA webpage now links directly to its Open 

Government page. 

To submit a FOIA request, individuals can complete the online FOIA Request Form

available on the agency’s website and submit it to a dedicated email address (OSHRC

FOIA@oshrc.gov). The form, including the instructions for how to download it as a PDF 

file and submit it, is available in both English and Spanish, and may be found at: 

https://www.oshrc.gov/foia/submit-foia-request. Requesters can fill out the form

electronically, or in print, and then submit it by fax, regular mail, or email. Use of the 

online request form is not required, but a FOIA request must be made in writing and 

submitted using one of the methods listed above. Requesters can also submit FOIA 

requests to the Review Commission through the National FOIA Portal on FOIA.gov. 

These resources have facilitated the Review Commission’s overall FOIA processing 

efficiency. Its FOIA Requester Service Center, which may be reached by telephone, 

email, fax, or regular mail, is also available for requesters seeking assistance with

submitting a FOIA request or information concerning the status of a pending request.

OSHRC’s FOIA regulations and FOIA Reference Guide reflect current guidance from the 

Department of Justice and statutory requirements, including the amendments to the FOIA 

from the Openness Promotes Effectiveness in our National Government Act of 2007 

(OPEN Government Act) and the FOIA Improvement Act of 2016. The FOIA Reference 

Guide was most recently updated in 2019 to incorporate the administration’s guiding 

principle of the presumption of openness and guidance from the Office of Information 

Policy (OIP). In accordance with the Attorney General’s 2022 FOIA Guidelines 

promoting agency disclosure and transparency, OSHRC includes language in its FOIA 

response letters acknowledging the agency’s commitment to these principles. OSHRC 

also continues to participate in Chief FOIA Officer Council meetings held by OIP multiple 

times a year.

In its ongoing effort to proactively disclose information, the Review Commission continues 
5

to post information and documents filed with the Commission concerning its highest 

interest cases on the agency’s website in the FOIA Reading Room. This initiative has 

reduced the need for the public to file individual FOIA requests on matters of general 

interest. The released documents may be viewed here: https://www.oshrc.gov/foia/oshrce-foia-reading-room.

Finally, the Review Commission’s FOIA program works in tandem with its Privacy Officer 

to ensure proper handling of all FOIA requests, including first-party requests seeking 

access to Privacy Act records. Information on how to request a record covered by the 

Privacy Act, as well as the agency’s Privacy Act regulations, are posted on its website: 

https://www.oshrc.gov/privacy.

Responding to FOIA Requests

The Review Commission’s FOIA program is administered by the Office of the General 

Counsel (OGC). The General Counsel serves as the Chief FOIA Officer and reports 

directly to the Chairman. The Chief FOIA Officer works with agency personnel, 

including the OGC team assigned to process FOIA requests, in obtaining and providing

requesters with responsive documents in a timely fashion. OSHRC’s FOIA program 

operates with a presumption in favor of disclosure, and FOIA requests are processed 

promptly and in a spirit of cooperation. As noted, the Review Commission has taken, and 

continues to take, various steps to make it easier for members of the public to file FOIA 

requests. Information relevant to its FOIA program, including its annual reports, is 

available at: https://www.oshrc.gov/foia/about.

Records Management

The Review Commission’s records management program is managed by the agency’s 

Executive Secretary. The agency does not maintain classified or declassified records or 

material and thus declassification procedures are unnecessary. Generally, agency records 
6

that are scheduled for periodic transfer to the National Archives and Records 

Administration relate to cases and case filings concerning contests before the Review 

Commission. The Review Commission manages both permanent and temporary email 

records in an electronically accessible format, as required by OMB/NARA Memoranda M19-21: Transition to Electronic Records and M-23-07: Update to Transition to Electronic 

Records.

Whistleblower Protection

The Review Commission has received the U.S. Office of Special Counsel’s (OSC) 

Certificate of Compliance with 5 U.S.C. 2302(c), most recently on April 29, 2022. In 

working to achieve this certification, the Review Commission made, and continues to 

make, many efforts to ensure that its employees are informed of their rights and remedies 

available to them under the Civil Service Reform Act, the Whistleblower Protection Act 

(WPA), and the Whistleblower Protection and Enhancement Act. Posters are displayed 

centrally throughout the agency regarding Prohibited Personnel Practices and 

Whistleblower Disclosures. OSHRC also provides annual notification to all current 

employees about their rights and remedies under the WPA, in addition to providing 

employees this information as a part of their orientation process. The Review 

Commission requires all supervisors and managers to complete OSC’s Prohibited 

Personnel Practice and Whistleblower Training Quiz. Furthermore, a link to the OSC’s 

website is included on the Review Commission’s website to provide additional information 

about federal whistleblower rights and protections. See: 

https://www.oshrc.gov/about/equal-employment-opportunity-data-posted-pursuant-tothe-no-fear-act/.

Spending Information

The Review Commission is fully compliant with the Digital Accountability and 

Transparency Act (DATA) of 2014. It actively works with the Department of Treasury 
7

Administrative Resource Center, its shared service provider, to reconcile and publish 

timely reports of required spending activity. The Review Commission remains committed 

to fiscal transparency and compliance in its stewardship of public funds.

Public Participation and Collaboration

The following individuals have primary responsibility for the Review Commission’s Open 

Government initiatives: 

Principal Senior Official – Katherine A. Tracy, Chief Counsel to the Chairman, 

ktracy@oshrc.gov (202-606-5703)

Alternate Senior Official – John X. Cerveny, Executive Secretary, jcerveny@oshrc.gov 

(202-606-5400) 

FOIA Issues – Nadine N. Mancini, General Counsel, nmancini@oshrc.gov (202-606-5410) 

Website Issues – Johnathan Whitton, Chief Information Officer, jwhitton@oshrc.gov (202-

606-5048) 

For those who wish to contact the Review Commission by U.S. mail, the mailing address 

is: 

U.S. Occupational Safety and Health Review Commission 

1120 20th Street, N.W., 9th Floor 

Washington, DC 20036-3457 

The Review Commission is committed to increasing openness and transparency to the 

maximum practicable extent. It will examine every reasonable possibility to enhance 

public transparency, consistent with respect for due process and privacy concerns. 
8

The public may submit feedback and comments regarding OSHRC’s Open Government 

Plan using its dedicated email address: opengov@oshrc.gov. 

The Review Commission will update and revise this plan as necessary in accordance with 

suggestions made by the public, agency personnel, and its ability to devote the necessary 

human and technical resources to implement the goals of transparency and open 

government. 

Last Updated: June 7, 2023