U.S. Department of Labor Freedom of Information Act Annual Report for Fiscal Year 1997
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.
Number of determinations not to comply in whole or in part with an initial request for records: 7,910
Authority relied upon in initial disclosure determination:
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
Statute involved pursuant to exemption 3 on initial disclosure determination:
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).
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.
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.
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 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.
Other Authority:
Non possession of record or nonexistence of record: 2,539
Failure to identify or reasonably describe records: 356
Number of requests withdrawn: 169
Non-payment of fees: 232
Names and positions of each person who is responsible for initial denial of records:
Occupational Safety and Health Administration
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
Ephraim 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 Administrator FSO 5
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
Colleen Furutani Office Manager 1
Region X - Seattle, Washington
John Spear Regional Administrator 26
Ryan 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
Employment Standards Administration
Office of Management, Administration and Planning
Donna G. Copson Director 4
Nancy L. Ponton Dir., Div. of Human Resource Mgmt. 2
George Blyther Chief, Div. of Support Services 1
Office of Workers' Compensation Programs Field Offices
William J. Staarman District Director (DD) Philadelphia 1
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. De Marce Director for BL 1
Dennis Mankin Assistant to the Director 15
Wage and Hour Division Field Offices
James Sykes Acting Reg. Administrator (ARA), Boston 25
James Sykes Acting RA, New York 44
James Sykes Acting RA, Philadelphia 68
John Bates Branch Chief, Atlanta 16
John Blaine Assistant District Dir. (DD), Atlanta 3
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 Atlanta 83
M. J. Villarreal Jr. RA, Dallas 192
Leigh A. Power Disclosure Officer Western Reg. 44
Everett Jennings RD, Kansas City 11
National Office
John Fraser Acting Administrator 41
Corliss Sellers National Office Program Adm. 26
Daniel Sweeney Team Leader Fair Labor Stds. Act 15
William Gross Dir. Office of Wage Determinations 6
Sandra Hamlett Supervisor, Service Contract Wage Determinations 14
Carl Polesky Chief, Br. Of Const. Wage Det. 1
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
Malcolm Holliman RD, Chicago and Kansas City 49
Albert C. Padilla Regional Director, Dallas 52
Helene H. Haase Regional Director San Francisco 29
Harold M. Busch Dir., Div. Of Program Operations National Office 7
Office of Labor Management Standards National Office
John Kotch Act. Dep. Assistant Secretary 92
Office of the Assistant Secretary for Administration and Management
Patricia W. Lattimore Acting Assistant Secretary Administration and Management, National Office (N.O.)15
Annabelle T. Lockhart Director, Civil Rights Center 5
Daniel P. Murphy Director, Office of Procurement Services, N.O. 10
L. R. Cabe Regional Personnel Officer Atlanta 2
Robert Giuliano Regional Personnel Officer Boston/New York 1
Gerald D. Jensen Regional Administrator Philadelphia 1
William F. Leetch Regional Personnel Officer Philadelphia 3
Phil House Regional Administrator Dallas/Denver 2
Robert J. Jur Regional Personnel Officer Chicago 3
Teresa Rasfeld Regional Personnel Officer San Francisco/Seattle 4
Employment and Training Administration
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 Administrator 4
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, 38
Division of Acquisition and Assistance, Wash. D.C.
Grace Kilbane Administrator 2
Unemployment Insurance Service, Wash. D.C.
James H. Norris Chief, 3
Div. of Foreign Labor 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
Mine Safety and Health Administration
Glenn R. Tinney District Manager District 1, 4
Joseph J. Garcia District Manager District 2, 3
Kevin G. Stricklin Acting District Manager District 2, 2
Gerald E. Davis Acting District Manager District 2, 1
Timothy J. Thompson District Manager District 3, 1
Lincoln L. Selfe Acting District Manager District 3, 1
Randy Watkins Chief, Ventilation Section District 3, 3
Earnest C. Teaster, Jr. District Manager District 4, 7
Ronald O. Dunbar Assistant District Manager District 4, 4
Richard J. Kline Assistant District Manager District 4, 2
Charles E. McGraw Assistant District Manager District 4, 1
Ray McKinney District Manager District 5, 7
Bill Foutch Assistant District Manager Technical Division District 5, 2
Larry E. Brown Assistant District Manager Inspection Division District 5, 7
James Kiser Staff Assistant District 5, 7
Carl E. Boone, II District Manager District 6, 8
W. Ray Compton Assistant District Manager for Enforcement, District 6, 1
Michael Keene Assistant District Manager for Technical, District 6, 1
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 District 10, 1
Michael J. Lawless District Manager District 11, 3
James R. Petrie District Manager Northeastern District, 6
Richard L. Duncan Acting District Manager Northeastern District, 1
Roger F. McClintock Acting District Manager Northeastern District, 1
John K. Radomsky Assistant District Manager North Central District, 9
Robert M. Friend District Manager Rocky Mountain District, 1
Garry J. Day Assistant District Manager Western District, 10
R. L. Brechbiel Director of Administration and Management 5
Richard A. Gates Assistant Director of Assessments 5
Vernon R. Gomez Administrator for Metal and Nonmetal Mine Safety and Health 26
Claude N. Narramore Acting Administrator for Metal and Nonmetal Mine Safety and Health 10
John F. Langton Management Officer Coal Mine Safety and Health, 1
Ronald J. Schell Chief, Health Division Coal Mine Safety and Health, 1
Lawrence M. Beeman Chief, Technical Compliance and Investigation Division Coal Mine Safety and Health, 32
Allyn C. Davis Chief, Safety Division Coal Mine Safety and Health, 3
George M. Fesak Director of Program Evaluation and Information Resources 8
Kenneth A. Bullock Acting Director of Program Evaluation and` Information Resources 1
Office of the Solicitor
Marvin Krislov Deputy Solicitor of Labor for National Operations 4
Judith E. Kramer Deputy Solicitor of Labor for Planning and Coordination 1
Ronald G. Whiting Deputy Solicitor of Labor for Regional Operations 12
Pension and Welfare Benefits Administration
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 De Santis 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
Office of the Inspector General
Pamela Davis FOIA Disclosure Officer 71
Bureau of Labor Statistics
Katharine G. Commissioner of Labor 10 Abraham Statistics
Employees' Compensation Appeals Board
Michael J. Walsh Chairman of the Board 9
Office of the Administrative Law Judges
Todd Smyth Legal Counsel 4
The Veterans' Employment and Training Service
National Office
Hary Puente-Duany Director, Office of Information, Management And Budget, National Office Washington, D.C. 13
Jeffrey C. Crandall Director, Office of Field Operations and Director of Planning 6
Richard Larson Director, Office of Field Operations 6
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 J. Bolls, Jr. Regional Administrator 3
Atlanta
Ronald G. Bachman Regional Administrator 10
Chicago
Lester L. Williams Jr. Regional Administrator 2
Dallas
Sharon J. Harrison Assistant Regional Administrator 2
Dallas
Charles Martinez Regional Administrator 1
San Francisco
Office of Public Affairs
Howard Waddell Deputy Assistant Secretary 2
Administrative Review Board
Gerald F. Krizan Executive Director 1
Total number of administrative appeals from denials: 197
Total number of dispositions on administrative appeals: 129
Number of appeals granted in full: 2
Number of appeals denied in full: 21
Number of appeals granted in part/denied in part: 57
Other dispositions: see 49 paragraph 5(b) below
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 time
Exemption 7(E). 7 times
Exemption 7(F). 0 times
Exemption 8. 0 times
Exemption 9. 0 times
Other authority:
Non-possession of record: 5
Appeals withdrawn: 44
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.
New rules or instructions issued during this reporting period.
Miriam Mc D. 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.)
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.
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.
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).
___signed_______
Alexis M. Herman
Secretary of Labor
Footnotes
[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.