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. § 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.