U.S. DEPARTMENT OF LABOR



FREEDOM OF INFORMATION ACT

ANNUAL REPORT: Calendar Year 1996



The Department received a total of 18,559 initial requests for records. The majority of these requests were received by the Occupational Safety and Health Administration (OSHA) which received 12,633 requests. The Employment Standards Administration (ESA) received 2,466 requests.



1. Number of determinations not to comply in whole or in part with an initial request for records: 10,311



2. Authority relied upon in initial disclosure determination:

(a) Under 5 U.S.C. 552(b):(1)



Exemption 1. 4 times

Exemption 2. 697 times



Exemption 3. 413 times



Exemption 4. 1,179 times



Exemption 5. 8,548 times



Exemption 6. 4,233 times



Exemption 7(A). 5,772 times



Exemption 7(B). 8 times



Exemption 7(C). 8,567 times



Exemption 7(D). 5,299 times



Exemption 7(E). 1,054 times

Exemption 7(F). 11 times



Exemption 8. 2 times



Exemption 9. 1 time







(b) Statute involved pursuant to exemption 3 on initial disclosure determination:



(1) The Occupational Safety and Health Administration withheld the names of complainants who reported safety and health violations under the authority of section 8(f)(1) of the Occupational Safety and Health Act (OSHA), 29 U.S.C. 657(f)(1). It also withheld the disclosure of advance notice of a safety inspection under the authority of section 17(f) of this statute, 29 U.S.C. 666(f). This agency also withheld documents pursuant to the Copyright Act of 1976(17 U.S.C. 705).



(2) The Office of Labor-Management Standards withheld grand jury material pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure.

(3) The Office of the Inspector General (OIG) withheld grand jury material pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure.

(4) The Mine Safety and Health Administration (MSHA) withheld the names of miners, pursuant to the Federal Mine Safety and Health Act of 1977, section 103(g)(1)(30 U.S.C. 813(g)(1)), who requested safety inspections. It also withheld information pertaining to maps pursuant to section 312(b)of this statute (30 U.S.C, 872(b)).

(5) The Pension and Welfare Benefits Administration withheld court documents that had been designated as confidential during the course of discovery.





(c) Other Authority:

Nonpossession of record or nonexistence of record: 3,441



Failure to identify or reasonably describe records: 453



(d) Number of requests withdrawn: 295



(e) Non-payment of fees: 176







3. Names and positions of each person who is responsible for initial denial of records:





A. Occupational Safety and Health Administration



NAME TITLE NUMBER OF DENIALS



Region I - Boston, Massachusetts

John Phillips Regional Administrator 5

C. William Freeman Area Director 40

Brenda Gordon Area Director 173

Kipp Hartmann Area Director 27

K. Frank Gravitt Area Director 86

David May Area Director 42

John Stanton Area Director 47

Ronald Morin Area Director 75

Clifford Weston Area Director 93



Region II New York, New York

John Tomich Area Director 107

Dennis Gaughan Area Director 338

Edward Scott Area Director 152

David Boyce Area Director 228

Efraim Zoldan Area Director 138

Anthony DeSiervi Area Director 299

Gary Roskoski Area Director 50

Linda Forsyth Area Director 149

Robert Kulick Area Director 219

Jose Carpena Area Director 7

Diane Brayden Area Director 156

Cathie Mannion Area Director 130

Patricia Clark Regional Administrator 121



Region III - Philadelphia, Pennsylvania

Linda Anku Regional Administrator 20

Phyllis Kyner Area Director 109

George Tomchick Area Director 87

Andrew Hedesh Area Director 82

Robert Fink Area Director 74

Robert Szymanski Area Director 86

John Stranahan Area Director 38

Leonard Moore Area Director 47

Stanley Elliott Area Director 146

Charles Pope Area Director 19

Lacy Sutton Area Director 28



Regional IV - Atlanta, Georgia

Raymond Finney Area Director 60

Thoma Brown Area Director 122

John Hall Area Director 226 Leslis Grove Area Director 13

Jose Sanchez Area Director 289

David Barnhill Area Director 9

Clyde Payne Area Director 113

James Borders Area Director 220

Lana Graves Area Director 96

David Barnhill Acting Area Director 11

Suzanne Nash Area Director 33

Luis Santiago Area Director 72

Lawrence Falck Area Director 290

R. Davis Layne Regional Administrator 82



Region V - Chicago, Illinios

Michael Connors Regional Administrator 9 Melvin Lischefski Area Director 80 Thomas Canard Asst. Area Director 10

Robert Hager Asst. Area Director 8

Charles Shields Area Director 72

Gary J. Anderson Aea Director 59

Gary Weil Safety Specialist 19

Ron Payne Safety Specialist 14

Ron Byrd Safety Specialist 18

Sharon Anderson Industrial Hygenist 10

Anthony Sutton Industrial Hygenist 2 William Murphy Area Director 88

Ray Polk Safety and Health Specialist 37

Bonita Nordquist Safety and Health Specialist 20

Danelle Jindra Safety and Health Specialist 13

Deborah Zubaty Area Director 110

Timothy Kobernat District Supervisor 10

Peggy Zweber Area Director 121

Patrick M. Ostrenga Asst. Area Director 31

James R. Dollins Asst. Area Director 53

Donald Brozowski Area Director 31

Arnis Andersons Area Director 118

Kenneth Gilbert Area Director 3



Region VI -Dallas, Texas

Ed Cosgrove Area Director 212

Paul Brantley Area Director 233

Robert Homles Area Director 96

Robert Hunter Area Director 84

Dean Wingo Area Director 38

Patricia Bradley Area Director 140

Ray Skinner Area Director 170

Paul Hansen Area Director 96

Willilam White Area Director 119



Region VII - Kansas City, Missouri

Charles Adkins Regional Administrator 31

Cynthia Dearing Area Director 126

Ben Bare Area Director 45

Janice Barrier Area Director 51

Thomas Marple Area Director 4

Mark Banden Area Director 24

Lodama Delinger Area Director 16



Region VIII - Denver, Colorado

Bobby Glover Area Director 93

John Healy Area Director 18

David Ditommaso Area Director 31

Bruce Beelman Area Director 7

Cindy Cross FOIA Coordinator,Regional Office 7



Regional IX - San Francisco, California

Lois Henry Safety & Health Assistant 40

Sedric Lagajit Contact Representative 2

Lynne Hunter Officer Manager 8

Sue Benson Officer Manager 16

Colleen Furutani Officer Manager 6



Regional X - Seattle, Washington

John Spear Regional Administrator 16

Carl Halgren Area Director 2

Rayan Kuehmichel Area Director 71

Jerry Hockett Supervisor 9

Barry Noll Area Director 8

Dean Ikeda Area Director 6



National Office - Washington, D.C.

Freda Malone Labor Relations Specialist 1

Gregory Baxter Acting Director 1

Stephen Mallinger Acting Director 2

Adam Finkel Director 5

Anne Cyr Acting Director 4

Bonnie Friedman Director 2

Paul White Director 3

Marilyn Landry Administrative Officer 11

Stephen Newell Director 3

Cathy Goedert Acting Director 1

MaryAnn Piretti Safety Officer 2



B. Employment Standards Administration

NAME TITLE NUMBER OF DENIALS

I. Office of Management, Administration and Planning (OMAP)

Donna G. Copson Director, OMAP 7

Cecily Rayburn Dir.,Div. of Financial Mgmt. 1

Dorothy C. Chester FOIA/PA Coordinator 1



II. Office of Workers' Compensation Programs (OWCP)

Field Offices

Charity Benz Regional Director (RD) 3 Boston



Kenneth Hamlett RD, New York 1



William Franson District Director (DD) 1

Jacksonville



Marilyn C. Felkner DD, New Orleans 1



Donna Onodera RD, San Francisco 1



Ed Bounds DD, San Francisco 1

Joyce Terry DD, Long Beach 1





National Office



James L. DeMarce Director for Black Lung 1



Edward Duncan Assistant District Director 3

Dennis Mankin Assistant to the Director 30

OWCP



III. Office of Federal Contract Compliance Programs



Field Offices



James Turner, Jr. Act. Reg. Dir. (ARD), Boston 32



James Turner, Jr. RD, New York 24



Joseph DuBray, Jr. RD, Philadelphia 44



Carol A. Gaudin RD, Atlanta 77



Halcolm Holliman RD, Chicago 38



Carol A. Gaudin ARD, Dallas 52



Helene H. Haase RD, San Francisco 70



John R. Checkett RD, Seattle 38



National Office



Harold M. Busch Director, Division of 58

Program Operations







IV. Wage and Hour Division





Field Offices



James Kight Acting Reg.Administrator 9

(ARA), Boston

James Kight ARA, New York 49



John Bates Branch Chief, Atlanta 3





John Blaine Assistant District Dir. (ADD) 1 Atlanta



Tom Cambron ADD, Atlanta 1



Carol Merchant District Director (DD) 10

Atlanta



George Holt DD, Atlanta 1

Lyndel Erwin DD, Atlanta 3



Ana Moreno DD, Atlanta 4



Don Outland DD, Atlanta 1



Kim Jackson Wage Hour Investigator 1

Atlanta



Jorge Rivero DD, Atlanta 1



Carrie Riddle Regional Office Manager 154 Atlanta



Richard Acting RA, Chicago 161

McMahon, Jr.



James Kight RA, Philadelphia 136

M.J. Villarreal RA, Dallas 286

Jr.



Karen Chaikin Reg. Operations Officer 58

Kansas City



Leigh A. Power Disclosure Officer 57

San Francisco



National Office



Maria Echaveste Administrator 42



John R. Fraser Deputy Administrator 3

Corlis Sellers Program Administrator 41



Rae E. Glass Director of External Affairs 1



William Gross Dir., Office of Wage 3

Determinations



Daniel Sweeney Fair Labor Standards Act 4

Team Leader



Nila Stovall Service Contracts Wage 5

Determination Team Leader

Thomas Shierling Immigration Team Leader 5









C. The Office of Labor-Management Standards, Office of

the American Workplace



NAME TITLE NUMBER OF DENIALS

Charles L. Smith Deputy Assistant 4

Secretary

John Kotch Acting Deputy 157

Assistant Secretary







D. Office of the Assistant Secretary for

Administration and Management



NAME TITLE NUMBER OF DENIALS



Patricia Deputy Assistant 12

W. Lattimore Secretary Administration

and Management, National

Office (N.O.)





Annabelle Director, Civil Rights 3

T.Lockhart Center



Jerry Lelchook Director, Office of 1

Employee and Labor

Management Relations, N.O.





Daniel P. Murphy Director, Office of 36

Procurement Services, N.O.



Al Stewart Director, Office of 2

Acquisition Advocate

Frederick Director, Safety and 1

A. Drayton Health Center, N.O.



Stephen Garfinkel Director, Office of 1

Cost Determination, N.O.

L.R. Cabe Regional Personnel Officer 1

Atlanta



Janis Carreiro Regional Administrator 2

Boston/New York



Lyn B. Dubeck Labor Relations Officer 3

Philadelphia



Robert L. Giuliano Regional Personnel Officer 1

Boston



Phil House Regional Administrator 2

Dallas/Denver



Bob Jur Regional Personnel Officer 4

Chicago



Darlene Lorman Regional Administrator 1

Chicago/Kansas City



Teresa Rasfeld Regional Personnel Officer 6

San Francisco/Seattle



George Tistle Regional Finance Officer 2

Chicago







E. Employment and Training Administration



NAME TITLE NUMBER OF DENIALS



Robert J. Semler Regional Administrator 6

Boston



Albert Garizio Acting Regional Administrator 2

New York



Edwin Strong, Jr. Regional Administrator 4

Philadelphia



William Dealy, Jr. Regional Management Analyst 20 Atlanta



Joseph C. Juarez Regional Administrator 9

Chicago



Don A. Balcer Regional Administrator 12

Dallas



William Hood Regional Administrator 2

Kansas



Peter E. Rell Regional Administrator 3

Denver



Armando Quiroz Regional Administrator 17

San Francisco



Bill Janes Regional Administrator 4

Seattle



Mary H. Silva Director 1

Office of Job Corps.



Albert Glastetter Regional Job Corps Director 3

Boston



Stanley Belza Regional Job Corps Director 1

New York



James Bodnar Regional Job Corps Director 3

Philadelphia



Melvin R. Collins Regional Job Corps Director 20

Atlanta



Richard Trigg Regional Job Corps Director 1

Chicago



Jose de. Olivares Regional Job Corps Director 5

Dallas



John Douglas Regional Job Corps Director 1

Kansas & Denver



Jackie Roberts Regional Job Corps Director 10

San Francisco



Timothy Barnicle Assistant Secretary of Labor 1

Washington, DC



Bryan Keilty Administrator 1

Office of Financial

and Administrative Management



Joseph Paslawski Director 7

Office of Management Information

Resources



Robert D. Parker Chief 33

Division of Acquisition and

Assistance



Lynn Maddox Director 1

Masiello Office of Human Resources



Mary Ann Wyrsch Administrator 5

Unemployment Insurance Service



Flora Richardson Chief 5

Division of Foreign Labor

Certification



Anthony Swoope Director 10

Bureau of Apprenticeship

and Training



Sally Uber BAT Regional Director 1

Dallas



Isadore H. Gross BAT Regional Director 3

Kansas City



William Wadsworth BAT Regional Director 2





F. Mine Safety and Health Administration



NAME TITLE NUMBER OF DENIALS



John Langton Acting Management Officer, Coal 2



Kathrine Knittel Management Officer, Coal 1

Allyn Davis Chief, Division of Safety, Coal 1

Marvin Nichols Jr. Administrator, Coal 2

Lawrence Beeman Chief, TCID, Coal 29

Sandra Yamamoto Acting Chief, TCID, Coal 4

Ronald J. Schell Chief, Division of Health, Coal 1

John J. Podgurski Assistant District Manager 4

District 1, Coal

Joseph J. Garcia District Manager

District 2, Coal 7



Timothy Thompson District Manager

District 3, Coal 4



Lincoln L. Selfe Acting District Manager

District 3, Coal 2



Edwin P. Brady Acting District Manager

District 3, Coal 2



Earnest District Manager

C. Teaster, Jr. District 4, Coal 15



Ronald O. Dunbar Assistant District Manager

District 4, Coal 4



Richard J. Kline Assistant District Manager

District 4, Coal 1



Billy G. Foutch Assistant District Manager

District 4, Coal 1



Charles E. McGraw Assistant District Manager

District 4, Coal 1



Ray McKinney District Manager

District 5, Coal 4



Carl E. Boone, II District Manager

District 6, Coal 3



Michael Keene Acting District Manager

District 6, Coal 4



Joseph Pavlovich District Manager

District 7, Coal 20



David L. Whitcomb Assistant District Manager

District 8, Coal 1



John Kuzar District Manager

District 9, Coal 7



William Reitze Acting District Manager

District 9, Coal 1



William Denning Acting District Manager

District 9, Coal 2



Rexford Music District Manager

District 10, Coal 1



Richard Reynolds Acting District Manager

District 10, Coal 1



Michael Lawless District Manager

District 11, Coal 2



Vernon R. Gomez Administrator

Metal and Nonmetal 17



James Petrie District Manager

NE District, Metal and Nonmetal 5

John K. Radomsky Assistant District Manager

NC District, Metal

and Nonmetal 5



Robert M. Friend District Manager

RM District, Metal and 1

Nonmetal

Jake H. DeHerrera Acting District Manager

RM District, Metal

and Nonmetal 2



Garry J. Day Assistant District Manager

Western District

Metal and Nonmetal 7







George M. Fesak Director

Program Evaluation and Information

Resources 3



Jay Mattos Acting Director

Program Evaluation and

Information Resources 1



Rhys G. Llewellyn Chief, Information and Employment

Information

PEIR 1



Richard G. High Director, Assessments 7



Richard A. Gates Acting Director, Assessments 1



Kenneth T. Howard Director, Technical Support 3



Peter M. Turcic Chief, Approval and Certification

Center Technical Support 1



Richard Brechbiel Director, Administration and

Management 1



Joseph Kirker, Jr. Chief, Human Resources Division

Administration and Management 2



Wayne Veneman Director, Information and

Public Affairs 2







G. Office of the Solicitor



NAME TITLE NUMBER OF DENIALS



Marvin B. Krislov Deputy Solicitor of 19

Labor for National

Operations





Ronald G. Whiting Deputy Solicitor of 12

Labor for Regional

Operations





H. Pension and Welfare Benefits Administration



NAME TITLE NUMBER OF DENIALS



Sharon S. Watson Dir. of Prog. Svcs. 40

National Office



Gregory P. Egan Regional Director 14

Kansas City



David Ganz Regional Director 4

Los Angeles



Leonard Garofolo Regional Director 16

San Francisco



John Scanlon District Supervisor 2

Seattle



Bruce D. Ruud Regional Director 7

Dallas



Joseph R. Menez Regional Director 19

Cincinnati



Henry DeSantis Deputy Regional Director 5

Boston



Howard L. Marsh Regional Director 7

Atlanta



J. Shannon Davis Associate Regional Director 1

Atlanta



Gerard Gumpertz Regional Director 7

Philadelphia



Virginia C. Smith Regional Director 9

Philadelphia



Stephen Schwab Acting Regional Director 1

Philadelphia



John Wehrum, Jr. Regional Director 6

New York





I. Office of the Inspector General



NAME TITLE NUMBER OF DENIALS





Pamela Davis FOIA Disclosure Officer 70







J. Bureau of Labor Statistics



NAME TITLE NUMBER OF DENIALS



Katharine Abraham Commissioner 32





K. Employees' Compensation Appeals Board



NAME TITLE NUMBER OF DENIALS



Michael J. Walsh Chairman of the Board 9





L. Office of the Administrative Law Judges



NAME TITLE NUMBER OF DENIALS



Todd Smyth Legal Counsel 3







M. Bureau of International Labor Affairs



NAME TITLE NUMBER OF DENIALS



Irasema Garza Secretary 6

U.S. National

Administrative Office















O. The Veterans' Employment and Training Service



NAME TITLE NUMBER OF DENIALS



Hary Puente-Duany Director, Office of 16

Information, Management

And Budget, National Office

Washington, D.C.



Howard Sisson, Jr. Regional Administrator 1

Boston



Irvin Pope Regional Administrator 2

Philadelphia



Williams Regional Administrator 2

J. Bolls, Jr. Atlanta



Ronald G. Bachman Regional Administrator 8

Chicago



Lester Regional Administrator 3 L. Williams, Jr. Dallas



Charles Martinez Regional Administrator 1

Seattle









4. Total number of administrative appeals from denials: 274



Total number of dispositions on administrative

appeals: 179





(a) Number of appeals granted in full: 11



(b) Number of appeals denied in full: 48



(c) Number of appeals granted in part/denied

in part: 48



(d) Other dispositions: see 72

paragraph 5(b) below





5(a). Exemption invoked on appeal:



Exemption 1. 0 times



Exemption 2. 2 times



Exemption 3 3 times



Exemption 4. 33 times



Exemption 5. 74 times



Exemption 6. 6 times



Exemption 7(A). 21 times



Exemption 7(B). 0 times



Exemption 7(C). 68 times



Exemption 7(D). 53 times



Exemption 7(E). 9 times



Exemption 7(F). 0 times



Exemption 8. 0 times



Exemption 9. 0 times





(b). Other authority:



Non-possession of record: 14



Appeals withdrawn: 58





6. Names and titles of persons responding to administrative

appeals:



Bruce A. Cohen, Deputy Associate Solicitor, acting for the then Solicitor of Labor Thomas S. Williamson, Jr., and thereafter, acting for the Acting Solicitor of Labor, J. Davitt McAteer.





7. New rules or instructions issued during calendar year 1996.



Miriam McD. Miller, Counsel for Administrative Law in the Department's Office of the Solicitor, issued a memorandum, dated July 8, 1996, informing the Department's FOIA Coordinating Committee members of the need to purchase the annual FOIA Guide and Overview, to be published by the Department of Justice. By memorandum dated November 8, 1996, J. Davitt McAteer, Acting Solicitor of Labor, informed all agency heads, within the Department, of the new electronic FOIA statutory amendments of 1996. By memorandum dated November 18, 1996, Ms. Miller informed the FOIA Coordinating Committee members and all ADP Coordinators of the new electronic FOIA statutory amendments of 1996. By memorandum dated November 19, 1996, Donna G. Copson, Director of the Office of Management, Administration and Planning within the Department's Employment Standards Administration, informed management officials of the new electronic FOIA statutory amendments. Copies of all of these memoranda and instructions are attached. (The attachments to the Copson memorandum are not included herein

since they are duplicative of other materials.)





8. A copy of the Department's fee schedule, and the total amount of fees collected by the agency for making records available.



The Department's fee schedule for 1996 was $2.50 per quarter hour for search time by clerical employees and $5.00 per quarter hour for professional employees. Review charges were $5.00 per quarter hour. Reproduction charges were $.15 per page. In accordance with the 1986 amendments to FOIA,

preferencial treatment was given to certain classes of requesters. Consequently, representatives of the news media, and educational and non-commercial scientific institution requesters were afforded free search and review time and 100 pages of documents without charge. All other requesters, with the exception of commercial use requesters, were afforded 2 hours of free search time and the first 100 pages of documents at no charge. Review costs, on behalf of commercial users, were charged at the rate of $5.00 per quarter hour.





The Department of Labor collected a total of $233,268.73 in fees.





9. The Department of Labor estimates that incidental costs of implementing the Freedom of Information Act, including the defense of suits, amounted to $3,750,000.



10. In 1996, nine new suits were filed against the

Department of Labor under the FOIA/PA. In three of these cases, the administrative appeal process had not been completed. Two of the cases were settled. At the year's end, a total of eleven matters were still pending. No decisions were handed down in cases pending from the prior years. No disciplinary action was taken against any Departmental employee pursuant to 5 U.S.C. ยง 552(a)(4)(F).









Alexis M. Herman

Secretary of Labor



Attachment

1. The number of exemptions asserted exceeds the number of determinations not to comply with an initial request. This occurs because, in responding to a request, the Department may claim several different exemptions.