U.S. DEPARTMENT OF LABOR

FREEDOM OF INFORMATION ACT ANNUAL REPORT

January 1, 1997 through September 30, 1997



The Department received a total of 13,717 initial requests for records. The majority of these requests were received by the Occupational Safety and Health Administration (OSHA) which received 8,995 requests. The Employment Standards Administration (ESA) received 2,101 requests.



1. Number of determinations not to comply in whole or in part with an initial request for records: 7,910



2. Authority relied upon in initial disclosure determination:

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



Exemption 1. 2 times

Exemption 2. 448 times



Exemption 3. 294 times



Exemption 4. 775 times



Exemption 5. 5,739 times



Exemption 6. 2,952 times



Exemption 7(A). 3,843 times



Exemption 7(B). 0 times



Exemption 7(C). 6,027 times

Exemption 7(D). 3,673 times



Exemption 7(E). 667 times

Exemption 7(F). 2 times



Exemption 8. 0 times



Exemption 9. 0 times







(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). This agency also withheld documents under the authority of section 15 of this statute, 29 U.S.C. 664, which prohibits the disclosure of trade secrets. It also withheld the disclosure of advance notice of a safety inspection under the authority of section 17(f) of the same statute, 29 U.S.C. 666(f). Finally, this agency withheld documents pursuant to the Copyright Act of 1976 (17 U.S.C. 705).



(2) The Office of Labor-Management Standards

invoked section 304(a) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) (29 U.S.C. 464(a)) to protect the identities of

complainants in Title III, LMRDA investigations.



(3) The Office of the Inspector General (OIG)

withheld grand jury material pursuant

to Rule 6(e) of the Federal Rules of

Criminal Procedure. It also withheld material

pursuant to 41 U.S.C. 253(m) which prohibits

the release of contractor proposals.

(4) The Mine Safety and Health Adminis-

tration (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

to protect the confidentiality of coal mine maps pursuant to section 312(b) of this statute (30 U.S.C. 872(b)). Finally, this agency withheld the

names and Social Security numbers of individuals

pursuant to the Privacy Act of 1974, 29 U.S.C. 552a.

(c) Other Authority:



Nonpossession of record or nonexistence of record: 2,539



Failure to identify or reasonably describe records: 356



(d) Number of requests withdrawn: 169



(e) Non-payment of fees: 232







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

C. William Freeman Area Director 40

Brenda Gordon Area Director 127

Kipp Hartmann Area Director 26

K. Frank Gravitt Area Director 42

David May Area Director 36

John Stanton Area Director 48

Ronald Morin Area Director 68

Clifford Weston Area Director 38

Region II - New York, New York

John Tomich Area Director 120

Dennis Gaughan Area Director 152

Diana M. Cortez Acting Area Director 55

Maureen Fradkin Acting Area Director 50

Edward Scott Area Director 92

David Boyce Area Director 122

Efraim Zoldan Area Director 113

Anthony DeSiervi Area Director 186

Gary Roskoski Area Director 89

Robert Kulick Area Director 80

David Ippolito Area Director 105

Jose Carpena Area Director 5

Diane Brayden Area Director 105

Cathie Mannion Area Director 34

Patricia Clark Regional Administrator 73

Region III - Philadelphia, Pennsylvania

Linda Anku Regional Administrator 65

Phyllis Kyner Area Director 94

George Tomchick Area Director 111

Andrew Hedesh Area Director 109

Robert Fink Area Director 90

Robert Szymanski Area Director 75

John Stranahan Area Director 87

Leonard Moore Area Director 11

Stanley Elliott Area Director 133

Charles Pope Area Director 22

Lacy Sutton Area Director 28

Phyllis Kyner Area Director 94

Region IV - Atlanta, Georgia

Raymond Finney Area Director 62

Thomas Brown Area Director 75

John Hall Area Director 120

Leslie Grove Area Director 8

Jose Sanchez Area Director 198

David Barnhill Area Director 3

Clyde Payne Area Director 95

James Borders Area Director 132

Lana Graves Area Director 65

Thomas Bosley Acting Area Director 8

Sharon Ratliff Acting Area Director 5

Suzanne Street Area Director 10

Luis Santiago Area Director 54

Lawrence Falck Area Director 290

R. Davis Layne Regional Administrator 51

Arthur M. Johannes Regional 11(c)/405 Supervisor 5

Susan Johnson Asst. Regional 5

Administrator FSO



Region V - Chicago, Illinois

Michael Connors Regional Administrator 65

Melvin Lischefski Area Director 50

Thomas Canard Asst. Area Director 5

Robert Hager Asst. Area Director 3

Charles Shields Area Director 72

Gary J. Anderson Area Director 64

William Murphy Area Director 88

Ray Polk Safety and Health Specialist 81

Deborah Zubaty Area Director 110

Joanne Ries Safety and Health Specialist 42

Timothy Kobernat District Supervisor 1

Nancy Quick Area Director 109

Barry Slerno Acting Area Director 139

Gerald Cunningham Area Director 60

Dave Folk Area Director 8

Arnis Andersons Area Director 80

Kenneth Gilbert Area Director 9

Region VI - Dallas, Texas

Ed Cosgrove Area Director 73

Paul Brantley Area Director 170

Robert Homles Area Director 72

Robert Hunter Area Director 163

Dean Wingo Area Director 34

Patricia Bradley Area Director 79

Ray Skinner Area Director 35

Paul Hansen Area Director 93

William White Area Director 19

Emzell Blanton Regional Administrator 3

Gerald Foster 11(c) 8

Region VII - Kansas City, Missouri

Charles Adkins Regional Administrator 46

Cynthia Dearing Area Director 84

Den Bare Area Director 40

Janice Barrier Area Director 86

Thomas Marple Area Director 8

Lodama Delinger Area Director 7

Region VIII - Denver, Colorado

Bobby Glover Area Director 63

John Healy Area Director 35

David Ditommaso Area Director 43

Bryon Chadwick Regional Administrator 9

Region IX - San Francisco, California

Lois Henery Safety and Health Assistant 34

Cedric Lagajit Contact Representative 12

Lynne Hunter Office Manager 4

Sue Benson Office Manager 7

Collen Furutani Office Manager 1

Region X - Seattle, Washington

John Spear Regional Administrator 26

Rayan Kuehmichel Area Director 22

Barry Noll Area Director 8

Dean Ikeda Area Director 9

National Office - Washington, D.C.

Bonnie Friedman Director 4

Paula White Director 4

John Miles Director 20

Steven Witt Director 2



B. Employment Standards Administration

NAME TITLE NUMBER OF DENIALS

I. Office of Management, Administration and Planning

Donna G. Copson Director 4

Nancy L. Ponton Dir., Div. of Human 2

Resource Mgmt.

George Blyther Chief, Div. of Support 1

Services



II. Office of Workers' Compensation Programs



Field Offices



William J. Staarman District Director (DD) 1

Philadelphia



John Chisek DD, Greensboro, Penna. 1

Basil Voultsides DD, Norfolk 1



Jeana Jackson DD, Jacksonville 4



William Franson DD, Jacksonville 3



Marilyn C. Felkner DD, New Orleans 1



Ed Bounds DD, San Francisco 1



Joyce Terry DD, Long Beach 1



National Office



James L. DeMarce Director for BL 1



Dennis Mankin Assistant to the Director 15



IV. Wage and Hour Division



Field Offices



James Sykes Acting Reg. Administrator 25

(ARA), Boston

James Sykes Acting RA, New York 44

James Sykes Acting RA, Philadelphia 68

John Bates Branch Chief, Atlanta 16

John Blaine Assistant District Dir. 3

(DD), Atlanta

Tom Cambron DD, Atlanta 5

Carol Merchant ADD, Atlanta 16

Lyndel Erwin DD, Atlanta 3

Jim Breidenstein ADD, Atlanta 3

Alfred Perry RA, Atlanta 2

Jorge Rivero DD, Atlanta 2

Carrie Riddle Regional Office Manager 83

Atlanta



M. J. Villarreal RA, Dallas 192

Jr.



Leigh A. Power Disclosure Officer 44

Western Reg.

Everett Jennings RD, Kansas City 11

National Office

John Fraser Acting Administrator 41

Corlis Sellers National Office Program Adm. 26

Daniel Sweeney Fair Labor Stds. Act 15

Team Leader



William Gross Dir. Office of Wage 6

Determinations



Sandra Hamlett Supervisor, Service

Contract Wage Determinations 14



Carl Polesky Chief, Br. Of Const. Wage Det. 1





IV. Office of Federal Contract Compliance Programs



Field Offices

James R. Turner,Jr. Regional Director, New York

James R. Turner,Jr. Act. Reg. Dir., Boston 24

Joseph J. DuBray,Jr. Reg. Dir., Philadelphia 34

Carol A. Gaudin Regional Director, Atlanta 51

Halcolm Holliman RD, Chicago and Kansas City 49

Albert C. Padilla Regional Director, Dallas 52

Helene H. Haase Regional Director 29

San Francisco









National Office



Harold M. Busch Dir., Div. Of Program 7

Operations





V. Office of Labor Management Standards



National Office



John Kotch Act. Dep. Assistant 92

Secretary







D. Office of the Assistant Secretary for

Administration and Management



NAME TITLE NUMBER OF DENIALS

Patricia Acting Assistant 15

W. Lattimore Secretary Administration

and Management, National

Office (N.O.)



Annabelle Director, Civil Rights 5

T. Lockhart Center



Daniel P. Murphy Director, Office of 10

Procurement Services, N.O.

L.R. Cabe Regional Personnel Officer 2

Atlanta



Robert Giuliano Regional Personnel Officer 1

Boston/New York



Gerald D. Jensen Regional Administrator 1

Philadelphia



William F. Leetch Regional Personnel Officer 3

Philadelphia



Phil House Regional Administrator 2

Dallas/Denver







Robert J. Jur Regional Personnel Officer 3

Chicago



Teresa Rasfeld Regional Personnel Officer 4

San Francisco/Seattle







E. Employment and Training Administration



NAME TITLE NUMBER OF DENIALS



Robert J. Semler Regional Administrator 6

Boston



Marilyn K. Shea Acting Regional Administrator 7

New York



Edwin G. Strong,Jr. Regional Administrator 10

Philadelphia

William A. Dealy,Jr.Regional Management Analyst 18

Atlanta



Melvin Howard Acting Regional 4 Administrator

Chicago



Joseph Juarez Regional Administrator 8

Dallas



William Hood Regional Administrator 3

Kansas



Armando Quiroz Regional Administrator 3

San Francisco



Michael Brauser Regional Administrator, 3

Seattle



Albert Glastetter Regional Job Corps Director 1 Boston



James Bodnar Regional Job Corps Director 3 Philadelphia







Melvin R. Collins Regional Job Corps Director 25

Atlanta



Richard Trigg Regional Job Corps Director 3 Chicago



Jose M.de.Olivares Regional Job Corps Director 1 Dallas



Raymond Uhalde Acting Assistant Secretary 1

Employment and Training Administration, Wash. D.C.



Bryan Keilty Administrator 1 Office of Financial and Administrative Management

Wash. D.C.



Robert D. Parker Chief, Division of Acquisition 38

and Assistance, Wash. D.C.



Grace Kilbane Administrator 2

Unemployment Insurance Service, Wash. D.C.

James H. Norris Chief, Div. of Foreign Labor 3 Certification, Wash. D.C.



Anna W. Goddard Director 4

Office of National Programs, Wash. D.C.



Anthony Swoope Director 1

Bureau of Apprenticeship

and Training (BAT), Wash. D.C.



Isadore H. Gross BAT Regional Director 1

Kansas City



William Wadsworth BAT Regional Director 1



F. Mine Safety and Health Administration



NAME TITLE NUMBER OF DENIALS



Glenn R. Tinney District Manager 4

District 1



Joseph J. Garcia District Manager 3

District 2



Kevin G. Stricklin Acting District Manager 2

District 2

Gerald E. Davis Acting District Manager 1

District 2



Timothy J. District Manager 1

Thompson District 3

Lincoln L. Selfe Acting District Manager 1

District 3



Randy Watkins Chief, Ventilation Section 3

District 3



Earnest C. District Manager 7

Teaster, Jr. District 4

Ronald O. Dunbar Assistant District Manager 4

District 4



Richard J. Kline Assistant District Manager 2

District 4



Charles E. McGraw Assistant District Manager 1

District 4



Ray McKinney District Manager 7

District 5

Bill Foutch Assistant District Manager 2

Technical Division

District 5



Larry E. Brown Assistant District Manager 7

Inspection Division

District 5

James Kiser Staff Assistant 7

District 5



Carl E. Boone, II District Manager 8

District 6



W. Ray Compton Assistant District Manager 1

for Enforcement,District 6



Michael Keene Assistant District Manager 1

for Technical, District 6



Joseph W. Pavlovich District Manager, District 7 7

James K. Oakes District Manager, District 8 5

John A. Kuzar District Manager, District 9 4

Richard Reynolds Assistant District Manager 1

District 10

Michael J. Lawless District Manager 3

District 11



James R. Petrie District Manager 6

Northeastern District



Richard L. Duncan Acting District Manager 1

Northeastern District



Roger F. McClintock Acting District Manager 1

Northeastern District



John K. Radomsky Assistant District Manager 9

North Central District



Robert M. Friend District Manager 1

Rocky Mountain District



Garry J. Day Assistant District Manager 10

Western District



R. L. Brechbiel Director of Administration 5

and Management

Richard A. Gates Assistant Director of 5

Assessments



Vernon R. Gomez Administrator for Metal 26

and Nonmetal Mine

Safety and Health



Claude N. Narramore Acting Administrator 10

for Metal and Nonmetal Mine

Safety and Health

John F. Langton Management Officer 1

Coal Mine Safety

and Health



Ronald J. Schell Chief, Health Division 1

Coal Mine Safety and Health



Lawrence M. Beeman Chief, Technical Compliance 32

and Investigation Division

Coal Mine Safety and Health

Allyn C. Davis Chief, Safety Division 3

Coal Mine Safety and Health



George M. Fesak Director of Program Evaluation 8

and Information Resources



Kenneth A. Bullock Acting Director of Program 1

Evaluation and` Information Resources





G. Office of the Solicitor



NAME TITLE NUMBER OF DENIALS



Marvin Krislov Deputy Solicitor of 4

Labor for National

Operations



Judith E. Kramer Deputy Solicitor of Labor 1

for Planning and Coordination

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. 41

National Office





Gregory P. Egan Regional Director 4

Kansas City



David C. Ganz Regional Director 6

Los Angeles



Leonard Garofolo Regional Director 10

San Francisco



Robert A. Jogan District Supervisor 4

Detroit



John Scanlon District Supervisor 2

Seattle



Bruce D. Ruud Regional Director 5

Dallas



Joseph R. Menez Regional Director 12

Cincinnati



Henry DeSantis Deputy Regional Director 8

Boston



Howard L. Marsh Regional Director 11

Atlanta



J. Shannon Davis Associate Regional Director 1

Atlanta



Jesse Day District Director 3

Miami

Virginia C. Smith Regional Director 14

Philadelphia



John Wehrum, Jr. Regional Director 10

New York



Kenneth Bazar Regional Director 4

Chicago





I. Office of the Inspector General



NAME TITLE NUMBER OF DENIALS



Pamela Davis FOIA Disclosure Officer 71







J. Bureau of Labor Statistics



NAME TITLE NUMBER OF DENIALS



Katharine G. Commissioner of Labor 10 Abraham Statistics







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 4



M. The Veterans' Employment and Training Service



NAME TITLE NUMBER OF DENIALS



National Office



Hary Puente-Duany Director, Office of 13

Information, Management

And Budget, National Office

Washington, D.C.



Jeffrey C. Crandall Director, Office of Field 6

Operations and Director of

Planning



Richard Larson Director, Office of Field 6

Operations



Robert Wilson Chief, Compliance Programs 2



Espiridion Borrego Acting Assistant Secretary 1



Regional Offices



Irvin Pope Regional Administrator 3 Philadelphia



Joseph W. Hortiz Regional Administrator 1

Philadelphia



William Regional Administrator 3

J. Bolls, Jr. Atlanta



Ronald G. Bachman Regional Administrator 10

Chicago



Lester L. Williams Regional Administrator 2

Jr. Dallas

Sharon J. Harrison Assistant Regional Ad- 2

ministrator

Dallas



Charles Martinez Regional Administrator 1

San Francisco



N. Office of Public Affairs



NAME TITLE NUMBER OF DENIALS



Howard Waddell Deputy Assistant 2

Secretary







O. Administrative Review Board



NAME TITLE NUMBER OF DENIALS



Gerald F. Krizan Executive Director 1







4. Total number of administrative appeals from denials: 197



Total number of dispositions on administrative

appeals: 129





(a) Number of appeals granted in full: 2



(b) Number of appeals denied in full: 21



(c) Number of appeals granted in part/denied

in part: 57



(d) Other dispositions: see 49

paragraph 5(b) below





5(a). Exemption invoked on appeal:



Exemption 1. 0 times



Exemption 2. 2 times



Exemption 3 3 times



Exemption 4. 24 times



Exemption 5. 55 times



Exemption 6. 6 times

Exemption 7(A). 16 times



Exemption 7(B). 0 times



Exemption 7(C). 45 times



Exemption 7(D). 26 times



Exemption 7(E). 7 times



Exemption 7(F). 0 times



Exemption 8. 0 times



Exemption 9. 0 times





(b). Other authority:



Non-possession of record: 5



Appeals withdrawn: 44





6. Names and titles of persons responding to administrative

appeals:



Bruce A. Cohen, Deputy Associate Solicitor, acting for the Acting Solicitor of Labor, J. Davitt McAteer.



7. New rules or instructions issued during this reporting period.



Miriam McD. Miller, Co-Counsel for Administrative Law in the Department's Office of the Solicitor, issued a memorandum, dated February 5, 1997, updating the Department's FOIA Coordinators concerning the requirements of the Electronic FOIA Amendments of 1996 ("E-FOIA"). By memorandum dated February 19, 1997, Ms. Miller informed these same parties of the handbook requirement contained in the E-FOIA amendments. By memorandum dated February 26, 1997, Donna G. Copson, Director of the Office of Management, Administration and Planning for the Department's Employment Standards Administration, informed management officials of additional information concerning the E-FOIA. This memorandum transmitted copies of Ms. Miller's aforesaid two memoranda, dated February 6 and 19, respectively. By memorandum dated March

31, 1997, George M. Fesak, Director of Program Evaluation and Information Resources for the Department's Mine Safety and Health Administration, informed that agency of additional information concerning the E-FOIA. By memorandum dated September 30, 1997, Mr. Fesak provided his agency with additional guidance concerning the E-FOIA. By memorandum dated June 26, 1997, Ms. Miller issued a memorandum 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. Copies of all of these memoranda and instructions are attached. (The attachments to the Copson memorandum, written by Ms. Miller, 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 1997 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, preferential 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 $150,487.34 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 $3.5 million.

10. In 1997, ten new lawsuits were filed against the

Department of Labor under the FOIA/PA. In two of these cases, the administrative appeal process had not been completed. One of the cases was settled. At the year's end, a total of twelve matters were still pending, which includes three cases from prior years. One decision was 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.