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November 5, 2008 DOL Home > SOL |
2004 FOIA Annual Report
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1. | ALJ | Administrative Law Judges |
2. | ASP | Office of the Assistant Secretary for Policy |
3. | OPA | Office of Public Affairs |
4. | CFO | Office of the Chief Financial Officer |
5. | EBSA | Employee Benefits Security Administration |
6. | ESA | Employment Standards Administration |
7. | ETA | Employment and Training Administration |
8. | ILAB | Bureau of International Labor Affairs |
9. | BLS | Bureau of Labor Statistics |
10. | MSHA | Mine Safety and Health Administration |
11. | OSHA | Occupational Safety and Health Administration |
12. | OAS | Office of Adjudicatory Services |
13. | OASAM | Office of the Assistant Secretary for Administration and Management |
14. | OCIA | Office of Congressional and Intergovernmental Affairs |
15. | ODEP | Office of Disability Employment Policy |
16. | OIG | Office of the Inspector General |
17. | OSBP | Office of Small Business Programs |
18. | SOL | Office of the Solicitor |
19. | VETS | Veterans' Employment and Training Service |
20. | WB | Womens Bureau |
B. Basic terms, expressed in common terminology.
1. FOIA/PA request--Freedom of Information Act/Privacy Act request. A FOIA request is generally a request for access to records concerning a third party, an organization, or a particular topic of interest. A Privacy Act request is a request for records concerning oneself; such requests are also treated as FOIA requests. (All requests for access to records, regardless of which law is cited by the requester, are included in this report.)
2. Initial Request--a request to a federal agency for access to records under the Freedom of Information Act/Privacy Act.
3. Appeal--a request to a federal agency asking that it review at a higher administrative level a full denial or partial denial of access to records under the Freedom of Information Act/Privacy Act, or any other FOIA determination such as a matter pertaining to fees.
4. Processed Request or Appeal--a request or appeal for which an agency has taken a final action on the request or the appeal in all respects.
5. Multi-track processing--a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex requests are placed in one or more other tracks. Requests in each track are processed on a first-in/first-out basis. A requester who has an urgent need for records may request expedited processing (see below).
6. Expedited processing--an agency will process a FOIA request on an expedited basis when a requester has shown an exceptional need or urgency for the records which warrants giving priority to his or her request over other requests that were made earlier.
7. Simple request--a FOIA request that an agency using multi-tracking processing places in its fastest (nonexpedited) track based on the volume and/or simplicity of records requested.
8. Complex request--a FOIA request that an agency using multi-track processing places in a slower track based on the volume and/or complexity of records requested.
9. Grant--an agency decision to disclose all records in full in response to a FOIA request.
10. Partial grant--an agency decision to disclose a record in part in response to a FOIA request, deleting information determined to be exempt under one or more of the FOIA's exemptions; or a decision to disclose some records in their entireties, but to withhold others in whole or in part.
11. Denial--an agency decision not to release any part of a record or records in response to a FOIA request because all the information in the requested record is determined by the agency to be exempt under one or more of the FOIA's exemptions, or for some procedural reason (such as because no record is located in response to a FOIA request).
12. Time limits--the time period in the Freedom of Information Act for an agency to respond to a FOIA request (ordinarily 20 working days from proper receipt of a perfected FOIA request).
13. A Perfected request--a FOIA request for records which adequately describes the records sought, which has been received by the FOIA office of the agency or agency component in possession of the records, and for which there is no remaining question about the payment of applicable fees.
14. Exemption 3 statute--a separate federal statute prohibiting the disclosure of a certain type of information and authorizing its withholding under FOIA subsection (b)(3).
15. Median number--the middle, not average, number. For example, of 3, 7, and 14, the median number is 7.
16. Average number--the number obtained by dividing the sum of a group of numbers by the quantity of numbers in the group. For example, of 3, 7, and 14, the average is 8.
IV. Exemption 3 Statutes
A. List of Exemption 3 statutes relied on by this agency during fiscal year 2004.
1. The Occupational Safety and Health Administration withheld
the disclosure of advance notice of safety inspections under the
authority of section 17(f) of the Occupational Safety and Health Act
(29U.S.C. 666(f)). The use of this statute has not been litigated.
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 identity of a complainant in a
trusteeship investigation. The use of this statute has not been litigated.
This office also withheld grand jury material pursuant to Rule 6(e) of
the Federal Rules of Criminal Procedure. The use of this statute was upheld
by a court in the case of Senate of
Justice, 823 F. 2d 574 (D.C.Cir.1987).
3. The Mine Safety and Health Administration withheld the names of
miners, who requested safety inspections, pursuant to the Federal Mine
Safety and Health Act of 1977, section 103(g)(1) (30 U.S.C.813(g)(1)).
It also withheld information to protect the confidentiality of coal mine
maps pursuant to section 312(b) of the statute (30 U.S.C. 872(b)). The use of
this statute has not been litigated.
4. The Bureau of Labor Statistics withheld confidential business data and
other information pursuant to the authority of the Confidential Information
Protection and Statistical Efficiency Act of 2002 (CIPSEA)(44 U.S.C. 3541
note). The use of this statute has not been litigated.
V. INITIAL FOIA/PA ACCESS REQUESTS
A. NUMBERS OF INITIAL REQUESTS.
NUMBER OF REQUESTS PENDING AS OF END OF PRECEDING YEAR | NUMBER OF REQUESTS RECEIVED IN CURRENT YEAR | NUMBER OF REQUESTS PROCESSED IN CURRENT YEAR | NUMBER OF REQUESTS PENDING AS OF END OF CURRENT YEAR | |
OSHA |
187 |
11,148 |
11,139 |
196 |
ESA |
189 |
7,810 |
7,816 |
183 |
MSHA |
67 |
1,079 |
1,105 |
41 |
ETA |
39 |
518 |
516 |
41 |
EBSA |
34 |
441 |
432 |
43 |
OASAM |
30 |
197 |
215 |
12 |
ALJ |
0 |
215 |
215 |
0 |
VETS |
8 |
88 |
88 |
8 |
OIG |
3 |
91 |
79 |
15 |
BLS |
1 |
59 |
56 |
4 |
OAS |
0 |
32 |
31 |
1 |
WB |
3 |
25 |
27 |
1 |
ODEP |
0 |
12 |
12 |
0 |
ASP |
2 |
7 |
6 |
3 |
OCIA |
0 |
0 |
0 |
0 |
ILAB |
0 |
14 |
13 |
1 |
CFO |
0 |
12 |
12 |
0 |
OPA |
0 |
7 |
7 |
0 |
OSBP |
8 |
14 |
22 |
0 |
SOL |
15 |
64 |
69 |
10 |
TOTALS |
586 |
21,833 |
21,860 |
559 |
B. DISPOSITION OF INITIAL REQUESTS.
NUMBER OF TOTAL GRANTS | NUMBER OF PARTIAL GRANTS | NUMBER OF DENIALS [1] | OTHER
REASONS REASONS FOR NONDISCLOSURE (Subtotal) [2] |
|
OSHA |
258 |
5,985 |
1,448 |
3,448 |
ESA |
5,702 |
978 |
264 |
872 |
MSHA |
572 |
273 |
160 |
100 |
ETA |
231 |
127 |
0 |
158 |
EBSA |
250 |
65 |
42 |
75 |
OASAM |
102 |
30 |
0 |
83 |
ALJ |
185 |
4 |
9 |
17 |
OIG |
12 |
20 |
3 |
44 |
BLS |
13 |
11 |
1 |
31 |
VETS |
31 |
33 |
0 |
24 |
OAS |
3 |
8 |
0 |
20 |
ASP |
0 |
2 |
0 |
4 |
WB |
6 |
0 |
0 |
21 |
ODEP |
0 |
0 |
0 |
12 |
OCIA |
0 |
0 |
0 |
0 |
ILAB |
3 |
1 |
0 |
9 |
CFO |
1 |
0 |
0 |
11 |
OPA |
0 |
0 |
0 |
7 |
OSBP |
0 |
1 |
0 |
21 |
SOL |
9 |
13 |
4 |
43 |
TOTALS |
7,378 |
7,551 |
1,931 |
5,000 |
EXEMPTIONS CLAIMED UNDER THE FREEDOM OF INFORMATION ACT, EACH EXEMPTION IS COUNTED ONLY ONCE PER REQUEST
(1) | (2) | (3) | (4) | (5) | (6) | (7) (A) | (7) (B) | (7) (C) | (7) (D) | (7) (E) | (7) (F) | (8) | (9) | TOTAL | |
OSHA |
0 |
313 |
1 |
3,983 |
3,910 |
1,572 |
1,448 |
0 |
5,985 |
3,316 |
576 |
0 |
0 |
0 |
21,104 |
ESA |
0 |
66 |
5 |
446 |
966 |
138 |
205 |
0 |
995 |
473 |
176 |
0 |
0 |
0 |
3,470 |
MSHA |
0 |
3 |
16 |
14 |
108 |
174 |
132 |
0 |
88 |
59 |
0 |
0 |
0 |
0 |
594 |
ETA |
0 |
0 |
0 |
38 |
6 |
83 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
127 |
EBSA |
0 |
4 |
0 |
7 |
10 |
23 |
42 |
9 |
33 |
2 |
10 |
0 |
0 |
0 |
140 |
OASAM |
0 |
4 |
0 |
0 |
1 |
17 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
22 |
ALJ |
0 |
0 |
0 |
2 |
1 |
11 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
14 |
OIG |
0 |
13 |
0 |
3 |
7 |
17 |
3 |
0 |
11 |
2 |
1 |
1 |
0 |
0 |
58 |
BLS |
0 |
0 |
8 |
8 |
2 |
4 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
22 |
VETS |
0 |
0 |
0 |
2 |
23 |
11 |
1 |
0 |
9 |
3 |
0 |
0 |
0 |
0 |
49 |
OAS |
0 |
0 |
0 |
0 |
0 |
8 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
8 |
ASP |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
WB |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
`0 |
0 |
0 |
ODEP |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
OCIA |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
ILAB |
0 |
0 |
0 |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
CFO |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
OPA |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
OSBP |
0 |
0 |
0 |
0 |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
SOL |
0 |
0 |
0 |
0 |
14 |
3 |
2 |
0 |
2 |
2 |
1 |
0 |
0 |
0 |
24 |
TOTALS |
0 |
403 |
30 |
4,503 |
5,049 |
2,062 |
1,833 |
9 |
7,123 |
3,857 |
764 |
1 |
0 |
0 |
25,634 |
4. OTHER REASONS FOR NONDISCLOSURE
This column totals up all of the numbers set forth to the right [3] | NO RE-CORDS |
RE-FERRALS |
REQUEST WITHDRAWN |
FEE RELATED REASON |
RECORDS NOT REASONABLY DESCRIBED | NOT A PROPER FOIA REQUEST | NOT AN AGENCY RECORD | DUPLICATE REQUEST |
OTHER (specify) ** |
|
OSHA |
3,448 |
2,146 |
865 |
114 |
34 |
101 |
19 |
57 |
107 |
5 |
ESA |
872 |
477 |
220 |
33 |
33 |
17 |
42 |
3 |
47 |
0 |
MSHA |
100 |
60 |
3 |
25 |
1 |
8 |
1 |
2 |
0 |
0 |
ETA |
158 |
78 |
30 |
11 |
5 |
4 |
6 |
11 |
11 |
2 |
EBSA |
75 |
47 |
9 |
11 |
0 |
7 |
0 |
0 |
1 |
0 |
OASAM |
83 |
39 |
16 |
5 |
0 |
0 |
0 |
22 |
1 |
0 |
ALJ |
17 |
11 |
6 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
OIG |
44 |
31 |
5 |
4 |
3 |
0 |
1 |
0 |
0 |
0 |
BLS |
31 |
18 |
8 |
1 |
0 |
0 |
2 |
2 |
0 |
0 |
VETS |
24 |
9 |
4 |
2 |
0 |
0 |
2 |
3 |
2 |
2 |
OAS |
20 |
9 |
2 |
2 |
0 |
6 |
0 |
1 |
0 |
0 |
ASP |
4 |
4 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
WB |
21 |
18 |
2 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
ODEP |
12 |
12 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
OCIA |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
ILAB |
9 |
6 |
2 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
CFO |
11 |
11 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
OPA |
7 |
7 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
OSBP |
21 | 21 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
SOL |
43 |
30 |
6 |
3 |
1 |
0 |
1 |
2 |
0 |
0 |
TOTALS |
5,000 |
3,034 |
1,178 |
213 |
77 |
143 |
74 |
103 |
169 |
9 |
** EXPLANATION OF DISPOSITION OF FOIA/PA INITIAL REQUESTS:
OTHER REASONS FOR NONDISCLOSURE
(COLUMN MARKED "OTHER")
Component |
Number of Times |
Reason(s) |
OSHA |
5 |
Closed administratively |
ETA |
2 |
Closed administratively |
VETS |
2 |
Closed administratively |
VI. Appeals of Initial Denials of FOIA/PA Requests
A. Numbers of appeals.
1. Number of appeals received during fiscal year 2004: 335
2. Number of appeals processed during fiscal year 2004: 313
B. Disposition of appeals.
1. Number completely upheld: 79
2. Number partially reversed: 92
3. Number completely reversed: 16
a. number of times each FOIA exemption was used
(counting each exemption once per appeal)
(1) Exemption 1: 0
(2) Exemption 2: 19
(3) Exemption 3: 2
(4) Exemption 4: 13
(5) Exemption 5: 72
(6) Exemption 6: 12
(7) Exemption 7(A): 35
(8) Exemption 7(B): 0
(9) Exemption 7(C): 106
(10) Exemption 7(D): 71
(11) Exemption 7(E): 17
(12) Exemption 7(F): 0
(13) Exemption 8: 0
(14) Exemption 9: 0
4. Other reasons for nondisclosure (total): 126
a. no records: 11
b. referrals: 12
c. appeal withdrawn: 71
d. fee-related reason: 4
e. records not reasonably described: 2
f. not a proper FOIA appeal for some other reason: 6
g. not an agency record: 3
h. duplicate request: 4
i. other (specify): closed administratively, 13
VII. COMPLIANCE
WITH TIME LIMITS/STATUS OF PENDING REQUESTS
A. Median Processing Time for Requests Processed DURING THE YEAR.
|
Simple Requests |
Complex Requests |
Requests For Expedited Processing |
|||
|
Number of Requests Processed |
Median Number of Days to Process |
Number of Requests Processed |
Median Number of Days to Process |
Number of Expedited Requests Granted |
Median Number of Days to Process |
OSHA |
8,410 |
7 |
2,695 |
18 |
34 |
4 |
ESA |
6,670 |
17 |
1,057 |
23 |
89 |
5 |
MSHA |
1,105 |
17 |
0 |
0 |
0 |
0 |
ETA |
480 |
15 |
35 |
20 |
1 |
2 |
EBSA |
367 |
11 |
65 |
40 |
0 |
0 |
OASAM |
152 |
13 |
62 |
20 |
1 |
2 |
ALJ |
215 |
2 |
0 |
0 |
0 |
0 |
VETS |
71 |
27 |
15 |
29 |
2 |
8 |
OIG |
71 |
30 |
8 |
60 |
0 |
0 |
BLS |
56 |
13 |
0 |
0 |
0 |
0 |
OAS |
25 |
7 |
4 |
18 |
2 |
2 |
WB |
27 |
15 |
0 |
0 |
0 |
0 |
ODEP |
12 |
20 |
0 |
0 |
0 |
0 |
ASP |
3 |
25 |
2 |
25 |
1 |
25 |
OCIA |
0 |
0 |
0 |
0 |
0 |
0 |
ILAB |
4 |
16 |
9 |
30 |
0 |
0 |
CFO |
12 |
10 |
0 |
0 |
0 |
0 |
OPA |
7 |
7 |
0 |
0 |
0 |
0 |
OSBP |
22 |
30 |
0 |
0 |
0 |
0 |
SOL |
62 |
12 |
7 |
54 |
0 |
0 |
TOTALS |
17,771 |
|
3959 |
|
130 |
|
B. STATUS OF PENDING REQUESTS.
NUMBER OF REQUESTS PENDING AS OF THE END OF FISCAL YEAR |
MEDIAN NUMBER OF DAYS PENDING |
|
OSHA |
196 |
19 |
ESA |
183 |
32 |
MSHA |
41 |
2 |
ETA |
41 |
10 |
EBSA |
43 |
56 |
OASAM |
12 |
13 |
ALJ |
0 |
0 |
VETS |
8 |
27 |
OIG |
15 |
19 |
BLS |
4 |
5 |
OAS |
1 |
10 |
WB |
1 |
15 |
ODEP |
0 |
0 |
ASP |
3 |
25 |
OCIA |
0 |
0 |
ILAB |
1 |
33 |
CFO |
0 |
0 |
OPA |
0 |
0 |
OSBP |
0 |
0 |
SOL |
10 |
21 |
TOTALS |
559 |
|
IX. COSTS/FOIA STAFFING
Staffing Levels |
Total Costs ( Including Staff and all Resources) |
||||||
|
Number of Full Time Personnel |
Number of Personnel With Part Time or Occasional FOIA Duties (In Total Work-Years) |
Total Number of Personnel (In Work-Years) |
FOIA Processing (Including Appeals) (Estimated) |
Litigation Related Activities (Estimated) |
Total |
|
OSHA |
6 |
70 |
76 |
$5,776,000 |
$ 0 |
$5,776,000 |
|
ESA |
8 |
52.9 |
60.9 |
4,628,400 |
0 |
4,628,400 |
|
MSHA |
1 |
18.11 |
19.11 |
1,452,360 |
0 |
1,452,360 |
|
ETA |
0 |
7 |
7 |
532,000 |
0 |
532,000 |
|
EBSA |
0 |
5.9 |
5.9 |
448,400 |
0 |
448,400 |
|
OASAM |
1 |
1.9 |
2.9 |
223,835 |
0 |
223,835 |
|
ALJ |
0 |
1.5 |
1.5 |
114,000 |
0 |
114,000 |
|
VETS |
0 |
1.2 |
1.2 |
91,616 |
0 |
91,616 |
|
OIG |
1 |
.5 |
1.5 |
114,000 |
0 |
114,000 |
|
BLS |
0 |
.77 |
.77 |
58,301 |
0 |
58,301 |
|
OAS |
0 |
.42 |
.42 |
32,273 |
0 |
32,273 |
|
WB |
0 |
.36 |
.36 |
28,109 |
0 |
28,109 |
|
ODEP |
0 |
.16 |
.16 |
12,493 |
0 |
12,493 |
|
ASP | 0 | .08 | .08 | 6,246 | 0 | 6,246 | |
OCIA |
0 |
0 |
0 |
0 |
0 |
0 |
|
ILAB |
0 |
.18 |
.18 |
13,680 |
0 |
13,680 |
|
CFO |
0 |
.16 |
.16 |
12,493 |
0 |
12,493 |
|
OPA |
0 |
.10 |
.10 |
7,287 |
0 |
7,287 |
|
OSBP |
0 |
.30 |
.30 |
22,904 |
0 |
22,904 |
|
SOL |
3 |
9.3 |
12.3 |
1,071,000 |
160,000 |
1,231,000 |
|
TOTALS |
20 |
170.84 |
190.84 |
$14,645,397 |
$160,000 |
$14,805,397 |
X. FEES
A. TOTAL AMOUNT OF FEES COLLECTED BY AGENCY FOR PROCESSING REQUESTS.
The Department collected $198,246.41 in fees.
B. PERCENTAGE OF TOTAL COSTS: 1.34 %
XI. FOIA Regulations (Including Fee Schedule)
The electronic address for accessing the Department's FOIA regulations, 29 CFR Part 70, is on the Department's web site at http://www.dol.gov/dol/foia/main.htm. In addition, they can be accessed on the World Wide Web at GPO Access, a service of the U.S. Government Printing Office, at: http://www.gpoaccess.gov/nara/index.html.
Signed at
_______[signed]____________
Howard M. Radzely
Solicitor of Labor
[1] In order to reconcile these calculations, please refer to the adjacent column, setting forth "Other Reasons for Nondisclosure".
[2] This column is repeated on page 12.
[3] This column is a repeat from page 10.
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