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U.S. Department of Labor Freedom of Information Act Annual Report for Fiscal Year 2014

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U.S. DEPARTMENT OF LABOR
FREEDOM OF INFORMATION ACT ANNUAL REPORT
FOR FISCAL YEAR 2014
October 1, 2013 through September 30, 2014

EXECUTIVE SUMMARY

The Department of Labor (DOL) has a decentralized Freedom of Information Act (FOIA) program in which each component agency responds directly to FOIA requests implicating its programs and activities. This allows for more accurate, complete, and timely responses to the public. While this report reflects FOIA activities at the Departmental level, it also distinguishes the volume and timeliness of each DOL component as it carries out its respective responsibilities under the FOIA.

Although FOIA processes at DOL are decentralized, departmental oversight is provided by the Office of Information Services (OIS), which operates under the supervision of the Solicitor of Labor, the Department's Chief FOIA Officer. OIS provides agency-wide leadership and guidance to ensure compliance with FOIA, particularly to increase the quality and timeliness of FOIA responses; reduce the backlog of pending FOIA requests; and review the effectiveness of each agency's FOIA processes in order to benchmark best practices, and make recommendations for programmatic improvements. Additional information about the Department's FOIA program is available online at http://www.dol.gov/dol/foia/.

The Department received a total of 16,106 initial requests for records during Fiscal Year 2014, a 16% decrease from 18,755 received in FY2013. The Department processed 16,715 initial FOIA requests in FY13, a 15% decrease from the 19,175 processed in FY2013. At year's end, total requests in "backlog" status (meaning not processed within statutory time limits) had decreased by 9%, from 620 at the end of FY2013 to 561 at the end of FY2014.

As explained in prior Annual FOIA reports, DOL conducted an audit of data in the Department's centralized FOIA tracking database, the Secretary's Information Management System for FOIA or "SIMS-FOIA", to ensure complete processing of FOIA requests received by the Department as well as to obtain the most accurate data for FOIA reporting purposes. As part of this audit, which began in FY2012, we located a large number of records that had been improperly listed in the FOIA request system with a pending "Action Required" or "AR" code. When records are in an "AR" status, SIMS-FOIA does not track them for timeliness or any other processing milestone. An early review of our progress to reconcile the data indicated that the FY2012 efforts were successful. As previously reported, however, we located an additional 191 requests that remained in "AR" status at the close of FY2012 and accounted for in the FY2013 report. And, while compiling this current report we located an additional 550 requests that were found to be in "AR" status, meaning requests were received by DOL in FY2013, but were not converted for processing and tracking purposes until after the close of the fiscal year. Since SIMS-FOIA records that are in "AR" status are not included in the tracking system's data collections, the addition of these 550 records to the FY2014 Annual Report means that the number of requests pending as of the start of FY2014 will not reconcile back to the number of requests pending as of the end of FY2013. Specifically, in FY2013 DOL reported 1,246 FOIA requests pending at the end of the fiscal year. This year, DOL is reporting 1,803 requests pending at the start of FY2014. The difference between these numbers represents the 550 requests discovered as a part of our continuing oversight of the data audit we began in FY2012. This report incorporates a footnote in Section V. (A.) to reconcile that difference. These additional requests do not impact backlog numbers for prior years, nor result in differences in other parts of the report. Footnotes have been inserted where appropriate to address this issue.

As explained in the FY2013 Annual FOIA report, DOL continues to audit and monitor data in the Department's centralized FOIA tracking database, the Secretary's Information Management System for FOIA or "SIMS-FOIA" to ensure complete processing of FOIA requests received by the Department as well as to obtain the most accurate data for FOIA reporting purposes.

I. Basic Information Regarding Report.

A. For questions concerning this report, please contact Ramona Branch Oliver, Director, Office of Information Services (OIS), Office of the Solicitor, Room N-2420, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, telephone number (202) 693-5391, fax number 202-693-5389.

B. The electronic address for this report is http://www.dol.gov/dol/foia/main.htm.

C. You may obtain a paper copy of this report by visiting the DOL website or by contacting OIS using the information above.

II. How to Make a FOIA Request.

The Department of Labor is organized into divisions and agencies often referred to as components. Each component processes its own FOIA requests. Therefore, a request will receive the fastest possible response if it is addressed directly to the disclosure officer for the component that a requester believes has the records.

The DOL "Guide to Submitting a Request Under FOIA" provides general information about the FOIA program at DOL and provides basic information on how to submit a FOIA request. The Guide also contains links to the DOL agency components in both the national and regional offices, a brief description of expected response times and reasons why some requests cannot be granted by DOL. This Guide is available on DOL's website at http://www.dol.gov/dol/foia/guide6.htm.

Requesters who cannot determine the proper disclosure officer to whom a request should be addressed may direct the request to the Office of Information Services (OIS), Office of the Solicitor, Division of Management and Administrative Legal Services, 200 Constitution Avenue, N.W., Room N-2420, Washington, D.C. 20210, by e-mail to foiarequests@dol.gov or by fax to 202-693-5389.

A. The following list contains the names, addresses, and telephone numbers of the individual agency components and offices in the national and regional offices of the Department of Labor. The disclosure officer for each component is responsible for making records in the custody of that component available for inspection and copying, in accordance with the provisions of the FOIA. Unless otherwise specified, the mailing address for the following national office components is as follows:

U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

  1. Office of the Secretary (OSEC), (202) 693-7277
  2. Office of the Solicitor (SOL), (202) 693-5391
  3. Office of Administrative Law Judges (ALJ), 800 K Street, N.W., Suite N-400, Washington, D.C. 20001-8002, (202) 693-7440
  4. Office of the Assistant Secretary for Administration and Management (OASAM), (202) 693-7277
  5. Office of the Assistant Secretary for Policy (OASP), (202) 693-5925
  6. Office of the Chief Financial Officer (OCFO), (202) 693-6806
  7. Office of Congressional and Intergovernmental Affairs (OCIA), (202) 693-4630
  8. Office of Disability Employment Policy (ODEP), (202) 693-4930
  9. Office of Federal Contract Compliance Programs (OFCCP), (202) 693-1145
  10. Office of Inspector General (OIG), (202) 693-5113
  11. Office of Labor Management Standards (OLMS), (202) 693-0123
  12. Office of Public Affairs (OPA), (202) 693-4654
  13. Office of Workers' Compensation Programs (OWCP), (202) 693-0934
  14. Bureau of International Labor Affairs (ILAB), (202) 693-4770
  15. Bureau of Labor Statistics (BLS), Postal Square Building, Room 4040, 2 Massachusetts Avenue, N.E., Washington, D.C. 20212-0001, (202) 691-7628
  16. Employment and Training Administration (ETA), (202) 693-3140
    Job Corps (part of ETA), 1-800-733-JOBS
  17. Mine Safety and Health Administration (MSHA), 1100 Wilson Boulevard, 21st Floor, Arlington, Virginia 22209, (202) 693-9424
  18. Occupational Safety and Health Administration (OSHA), (202) 693-1897
  19. Employee Benefits Security Administration (EBSA), (202) 693-8655
  20. Veterans' Employment and Training Service (VETS), (202) 693-4745
  21. Employees' Compensation Appeals Board (ECAB), (202) 693-5028
  22. Administrative Review Board (ARB), (202) 693-5028
  23. Benefits Review Board (BRB), (202) 693-5028
  24. Wage and Hour Division (WHD), (202) 693-0388
  25. Women's Bureau (WB), (202) 693-6735

The addresses and telephone numbers for the various regional offices for the Department's Office of the Assistant Secretary for Administration and Management (OASAM) are listed below.

Region I:

U.S. Department of Labor
John F. Kennedy Federal Building
One Congress Street
Boston, Massachusetts 02203
(617) 565-1991
(For Wage and Hour Division only: Contact Region III)

Region II:

U.S. Department of Labor
201 Varick Street
New York, New York 10014
(212) 337-2215
(For Wage and Hour Division only: Contact Region III)

Region III:

U.S. Department of Labor
The Curtis Center, Suite 600 East
170 S. Independence Mall West
Philadelphia, Pennsylvania 19106-3305
(215) 861-5030

Region IV:

U.S. Department of Labor
Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
(404) 562-2018

For Office of Workers' Compensation (OWCP) in Region IV only:
U.S. Department of Labor
214 N. Hogan Street, Suite 1006
Jacksonville, Florida 32202
(904) 357-4725

Region V:

U.S. Department of Labor
Kluczynski Federal Building
230 South Dearborn Street
Chicago, Illinois 60604
(312) 353-8373

For OWCP, Federal Employees Compensation Act (FECA) in Region V only:
U.S. Department of Labor
1240 East Ninth Street, Room 851
Cleveland, Ohio 44199
(216) 357-5372

Region VI:

U.S. Department of Labor
525 Griffin Square Building
Griffin & Young Streets
Dallas, Texas 75202
(214) 767-6800

Region VII:

U.S. Department of Labor
City Center Square Building
1100 Main Street
Kansas City, Missouri 64105-2112
(816) 426-3891
(For Wage and Hour Division only: Contact Region V)

For Office of Federal Contract Compliance Programs (OFCCP) in Region VII only:
U.S. Department of Labor
1100 Main Street, Suite 860
Kansas City, Missouri 64105
(816) 502-0370

Region VIII:

U.S. Department of Labor
1999 Broadway
Denver, Colorado 80202
(303) 844-1700
(For Wage and Hour Division and OFCCP: Contact Region VI)

For OWCP in Region VII only:
U.S. Department of Labor
1999 Broadway, Suite 600
Denver, Colorado 80201
(720) 264-3038

The mailing address for the Employment and Training Administration (ETA), Director of the Regional Bureau of Apprenticeship and Training in Region VIII is:

Bureau of Apprenticeship and Training
U.S. Custom House
721 19th Street, Room 465
Denver, Colorado 80202
(303) 844-4791

Region IX:

U.S. Department of Labor
90 7th Street, Suite 18-300
San Francisco, California 94105
(415) 625-7804
(415) 625-7799 (fax)

U.S. Department of Labor
1111 Third Avenue
Seattle, Washington 98101-3212
(415) 975-4057

(For Wage and Hour Division: Contact San Francisco)

B. Agency response time.

The agency's response time generally ranges from one to forty-eight days. Complex requests usually take more time.

C. Why some requests are not granted.

A FOIA request can be made for any agency record. This does not mean, however, that the Labor Department will disclose every record sought. There are statutory exemptions that authorize the withholding of certain information. In addition, the agency cannot comply with a FOIA request if there are no responsive records. Further, FOIA does not require agencies to do research for the requester, to analyze data, to answer questions, or to create records in order to respond to a FOIA request.

III. Definitions of Terms and Acronyms Used in the Report

1. Agency-specific acronyms or other terms.

1.

ADJ BDS

Adjudicatory Boards includes the Administrative Review Board (ARB), Benefits Review Board (BRB), and Employees' Compensation Appeal Board (ECAB)

2.

ALJ

Office of Administrative Law Judges

3.

ASP

Office of the Assistant Secretary for Policy

4.

BLS

Bureau of Labor Statistics

5.

CFO

Office of the Chief Financial Officer

6.

EBSA

Employee Benefits Security Administration

7.

ETA

Employment and Training Administration

8.

Exec Sec

Executive Secretariat

9.

ILAB

Bureau of International Labor Affairs

10.

MSHA

Mine Safety and Health Administration

11.

OASAM

Office of the Assistant Secretary for Administration and Management

12.

OCIA

Office of Congressional and Intergovernmental Affairs

13.

ODEP

Office of Disability Employment Policy

14.

OFCCP

Office of Federal Contract Compliance Programs

15.

OIG

Office of Inspector General

16.

OLMS

Office of Labor Management Standards

17.

OPA

Office of Public Affairs

18.

OSEC

Office of the Secretary

19.

OSHA

Occupational Safety and Health Administration

20.

OWCP

Office of Workers' Compensation Programs

21.

SOL

Office of the Solicitor

22.

VETS

Veterans' Employment and Training Service

23.

WB

Women's Bureau

24.

WHD

Wage and Hour Division

2. Definition of Terms Used in This Report.

  1. Administrative Appeal – a request to a federal agency asking that it review at a higher administrative level a FOIA determination made by the agency at the initial request level.
  2. 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 number is 8.
  3. Backlog – the number of requests or administrative appeals that are pending at an agency at the end of the fiscal year that are beyond the statutory time period for a response.
  4. Component – for agencies that process requests on a decentralized basis, a “component” is an entity, also sometimes referred to as an Office, Division, Bureau, Center, or Directorate, within the agency that processes FOIA requests. The FOIA now requires that agencies include in their Annual FOIA Report data for both the agency overall and for each principal component of the agency.
  5. Consultation – the procedure whereby the agency responding to a FOIA request first forwards a record to another agency for its review because that other agency has an interest in the document. Once the agency in receipt of the consultation finishes its review of the record, it responds back to the agency that forwarded.
  6. Exemption 3 Statute – a federal statute that exempts information from disclosure and which the agency relies on to withhold information under subsection (b)(3) of the FOIA.
  7. FOIA Request – a FOIA request is generally a request to a federal agency for access to records concerning another person (i.e., a “third-party” request), or concerning an organization, or a particular topic of interest. FOIA requests also include requests made by requesters seeking records concerning themselves (i.e., “first-party” requests) when those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond its Privacy Act “systems of records” or where a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest possible access. All requests which require the agency to utilize the FOIA in responding to the requester are included in this Report. Additionally, a FOIA request includes records referred to the agency for processing and direct response to the requester. It does not, however, include records for which the agency has received a consultation from another agency. (Consultations are reported separately in Section XII of this Report.)
  8. Full Grant – an agency decision to disclose all records in full in response to a FOIA request.
  9. Full Denial – an agency decision not to release any records in response to a FOIA request because the records are exempt in their entireties under one or more of the FOIA exemptions, or because of a procedural reason, such as when no records could be located.
  10. Median Number – the middle, not average, number. For example, of 3, 7, and 14, the median number is 7.
  11. 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 granted expedited processing are placed in yet another track. Requests in each track are processed on a first in/first out basis.
    1. Expedited Processing – an agency will process a FOIA request on an expedited basis when a requester satisfies the requirements for expedited processing as set forth in the statute and in agency regulations.
    2. Simple Request – a FOIA request that an agency using multi-track processing places in its fastest (non-expedited) track based on the low volume and/or simplicity of the records requested.
    3. Complex Request – a FOIA request that an agency using multi- track processing places in a slower track based on the high volume and/or complexity of the records requested.
  12. Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to disclose portions of the records and to withhold other portions that are exempt under the FOIA, or to otherwise deny a portion of the request for a procedural reason.
  13. Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not taken final action in all respects.
  14. Perfected Request – a request for records which reasonably describes such records and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed.
  15. Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken final action in all respects.
  16. Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals.
  17. Time Limits – the time period in the statute for an agency to respond to a FOIA request (ordinarily twenty working days from receipt of a perfected FOIA request).

3. Nine FOIA Exemptions.

  1. Exemption 1: classified national defense and foreign relations information
  2. Exemption 2: internal agency rules and practices
  3. Exemption 3: information that is prohibited from disclosure by another federal law
  4. Exemption 4: trade secrets and other confidential business information
  5. Exemption 5: inter-agency or intra-agency communications that are protected by legal privileges
  6. Exemption 6: information involving matters of personal privacy
  7. Exemption 7: records or information compiled for law enforcement purposes, to the extent that the production of those records (A) could reasonably be expected to interfere with enforcement proceedings,(B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individual
  8. Exemption 8: information relating to the supervision of financial institutions
  9. Exemption 9: geological information on wells

IV. EXEMPTION 3 STATUTES

Statute

Type of Information Withheld

Case Citation

Number of Times Relied Upon Per Component

Total Number of Times Relied Upon By Agency

Federal Mine Safety and Health Act of 1977, Section 103(g)(1), 30 U.S.C. § 813(g)

Complaint Information

& Interviews of Miners

None

MSHA

5

Confidential Information Protection and Statistical Efficiency Act of 2002, Title V of Public Law 107-347

Confidential Respondent Data to BLS Survey

None

BLS

2

Fed. R. Crim. P. 6(e), enacted by Act of July 30, 1997, Pub. L. No. 98-78, 91 Stat. 319

Grand Jury Proceedings

Sussman v. USMC, 494 F. 3d 1106, 1113 (D.C. Cir. 2007); Fund for Constitutional Gov't v. NARS, 656 F.2d 856, 867-68 (D.C. Cir. 1981)

OIG

4

DOL OVERALL

11

V. A. FOIA REQUESTS

Agency

Number of Requests Pending as of Start of Fiscal Year

Number of Requests Received in Fiscal Year

Number of Requests Processed in Fiscal Year

Number of Requests Pending as of End of Fiscal Year

ADJ BDS

0

47

46

1

ALJ

1

152

149

4

ASP

11

4

11

4

BLS

1

27

26

2

CFO

1

23

23

1

EBSA

96

450

472

74

ETA

166

1,545

1,639

72

EXEC SEC

0

1

1

0

ILAB

3

4

5

2

MSHA

92

1,565

1,545

112

OASAM

43

211

226

28

OCIA

10

23

30

3

ODEP

1

5

6

0

OFCCP

24

188

188

24

OIG

18

71

72

17

OLMS

8

84

83

9

OPA

6

5

7

4

OSEC

6

25

26

5

OSHA

539

8,330

8,520

349

OWCP

163

374

495

42

SOL

24

95

101

18

VETS

28

138

153

13

WB

0

7

6

1

WHD

555

2,732

2,885

402

DOL OVERALL

1,796

16,106

16,715

1,187

During this fiscal year 2014, DOL located 550 FOIA requests that were received during FY 2013 but were not converted for processing and tracking purposes within the FOIA tracking system and, therefore, were not included in last year's report. The Numbers of Requests Pending as of the start of the Fiscal Year have been corrected from the number of requests reported as pending at the end of Fiscal Year 2013.

B. (1) Disposition of FOIA Requests - All Processed Requests

Agency # of Full Grants # of Partial Grants / Partial Denials Number of Full Denials Based on Exemptions # of Full Denials Based on Reasons Other than Exemptions TOTAL
No Records All Records
Referred
to Another
Component
or Agency
Request Withdrawn Fee
Related
Reason
Records
Not
Reasonably
Described
Improper
FOIA
Request
for Other
Reason
Not
Agency
Record
Duplicate
Request
Other
*Explain
in chart
below

ADJ BDS

15

0

0

27

0

2

0

0

0

1

1

0

46

ALJ

105

7

3

22

2

2

0

0

2

3

3

0

149

ASP

2

0

0

6

0

0

0

2

0

1

0

0

11

BLS

11

3

3

6

0

1

0

0

0

2

0

0

26

CFO

13

0

0

3

0

6

0

0

0

0

1

0

23

EBSA

139

73

17

110

89

16

2

1

5

2

18

0

472

ETA

195

588

5

491

76

29

44

5

107

46

53

0

1,639

EXEC SEC

0

0

0

1

0

0

0

0

0

0

0

0

1

ILAB

3

0

0

0

0

0

0

0

0

2

0

0

5

MSHA

403

851

123

78

2

37

25

4

1

1

20

0

1,545

OASAM

48

51

15

51

1

15

0

2

2

26

6

9

226

OCIA

11

0

6

7

0

3

0

0

0

3

0

0

30

ODEP

2

0

0

4

0

0

0

0

0

0

0

0

6

OFCCP

52

60

10

35

1

9

9

0

4

4

4

0

188

OIG

10

29

10

15

0

0

0

1

3

1

1

2

72

OLMS

10

23

12

18

0

1

0

0

8

11

0

0

83

OPA

0

0

0

7

0

0

0

0

0

0

0

0

7

OSEC

5

9

0

8

1

3

0

0

0

0

0

0

26

OSHA

449

3,908

1,386

1,871

243

169

32

35

54

110

263

0

8,520

OWCP

198

15

19

101

10

34

84

0

4

10

20

0

495

SOL

25

26

7

19

0

11

0

0

3

7

0

3

101

VETS

25

72

9

19

7

7

0

1

2

2

7

2

153

WB

1

0

0

5

0

0

0

0

0

0

0

0

6

WHD

85

1,427

285

588

128

150

4

3

14

10

184

7

2,885

DOL OVERALL

1,807

7,142

1,910

3,492

560

495

200

54

209

242

581

23

16,715

B. (2) Disposition of FOIA Requests - "Other" Reasons for "Full Denials Based on Reasons Other than Exemptions" from Section V, B (1) Chart

Component Description of "Other" Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied Upon TOTAL
ADJ BDS N/A 0
ALJ N/A 0
ASP N/A 0
BLS N/A 0
CFO N/A 0
EBSA N/A 0
ETA N/A 0
EXEC SEC N/A 0
ILAB N/A 0
MSHA N/A 0
OASAM (9) Request transferred 9
OCIA N/A 0
ODEP N/A 0
OFCCP N/A 0
OIG (2) Records referred not related or indexed to requester 2
OLMS N/A 0
OPA N/A 0
OSEC N/A 0
OSHA N/A 0
OWCP N/A 0
SOL (3) Department provided a consolidated response 3
VETS (2) Department provided a consolidated response 2
WB N/A 0
WHD (7) Department provided a consolidated response 7
DOL OVERALL 23

B. (3) Disposition of FOIA Requests - Number of Times Exemptions Applied

Agency Ex. 1 Ex. 2 Ex. 3 Ex. 4 Ex. 5 Ex. 6 Ex. 7(A) Ex. 7(B) Ex. 7(C) Ex. 7(D) Ex. 7(E) Ex. 7(F) Ex. 8 Ex. 9

ADJ BDS

0 0 0 0 0 0 0 0 0 0 0 0 0 0

ALJ

0 0 0 1 2 6 0 0 0 0 0 0 0 0

ASP

0 0 0 0 0 0 0 0 0 0 0 0 0 0

BLS

0 2 4 1 1 0 0 0 0 0 0 0 0 0

CFO

0 0 0 0 0 0 0 0 0 0 0 0 0 0

EBSA

0 0 0 3 7 64 22 0 28 1 16 0 0 0

ETA

0 2 0 96 18 570 1 0 1 0 10 0 0 0

EXEC SEC

0 0 0 0 0 0 0 0 0 0 0 0 0 0

ILAB

0 0 0 0 0 0 0 0 0 0 0 0 0 0

MSHA

0 11 5 25 164 98 154 0 750 100 4 0 0 0

OASAM

0 5 0 32 4 15 0 1 2 0 1 0 0 0

OCIA

0 0 0 0 0 6 0 0 0 0 0 0 0 0

ODEP

0 0 0 0 0 0 0 0 0 0 0 0 0 0

OFCCP

0 0 0 13 11 7 5 1 51 6 36 0 0 0

OIG

0 0 4 0 3 19 1 0 32 0 5 0 0 0

OLMS

0 0 0 10 21 11 8 0 19 16 17 0 0 0

OPA

0 0 0 0 0 0 0 0 0 0 0 0 0 0

OSEC

0 0 0 0 4 7 0 0 0 0 0 0 0 0

OSHA

0 67 0 2,520 2,390 900 1,251 78 3,705 1,635 138 5 0 0

OWCP

0 6 0 10 6 25 0 0 0 0 3 0 0 0

SOL

0 0 0 3 14 15 5 0 7 3 1 0 0 0

VETS

0 1 0 8 45 18 23 2 37 19 12 0 0 0

WB

0 0 0 0 0 0 0 0 0 0 0 0 0 0

WHD

0 1 0 1,056 468 15 284 3 1,349 382 1,167 0 0 0

DOL OVERALL

0 93 11 3,781 3,158 1,777 1,754 85 5,981 2,162 1,410 5 0 0

VI. A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS

Component Number of Appeals Pending as of Start of Fiscal Year Number of Appeals Received in Fiscal Year Number of Appeals Processed in Fiscal Year Number of Appeals Pending as of End of Fiscal Year
ADJ BDS 0 1 1 0
ALJ 0 0 0 0
ASP 0 0 0 0
BLS 1 0 0 1
CFO 0 0 0 0
EBSA 11 8 9 10
ETA 18 52 27 43
EXEC SEC 0 0 0 0
ILAB 0 0 0 0
MSHA 14 21 12 23
OASAM 13 7 7 13
OCIA 0 0 0 0
ODEP 0 0 0 0
OFCCP 7 2 1 8
OIG 2 1 2 1
OLMS 4 1 2 3
OPA 0 0 0 0
OSEC 0 0 0 0
OSHA 54 113 48 119
OWCP 67 167 147 87
SOL 4 0 2 2
VETS 6 3 3 6
WB 0 0 0 0
WHD 15 24 16 23
DOL OVERALL 216 400 277 339

B. Disposition of Administrative Appeals - All Processed Appeals

Component Number Affirmed on Appeal Number Partially Affirmed & Partially Reversed/Remanded on Appeal Number Completely Reversed/Remanded on Appeal Number of Appeals Closed for Other Reasons TOTAL
ADJ BDS 0 0 0 1 1
ALJ 0 0 0 0 0
ASP 0 0 0 0 0
BLS 0 0 0 0 0
CFO 0 0 0 0 0
EBSA 0 0 3 6 9
ETA 0 0 9 18 27
EXEC SEC 0 0 0 0 0
ILAB 0 0 0 0 0
MSHA 1 0 4 7 12
OASAM 1 0 1 5 7
OCIA 0 0 0 0 0
ODEP 0 0 0 0 0
OFCCP 0 0 0 1 1
OIG 0 0 1 1 2
OLMS 0 1 1 0 2
OPA 0 0 0 0 0
OSEC 0 0 0 0 0
OSHA 2 3 22 21 48
OWCP 4 0 23 120 147
SOL 0 1 0 1 2
VETS 0 1 0 2 3
WB 0 0 0 0 0
WHD 1 1 9 5 16
DOL OVERALL 9 7 73 188 277

C. (1) Reasons for Denial on Appeal - Number of Times Exemptions Applied

Agency Ex. 1 Ex. 2 Ex. 3 Ex. 4 Ex. 5 Ex. 6 Ex. 7(A) Ex. 7(B) Ex. 7(C) Ex. 7(D) Ex. 7(E) Ex. 7(F) Ex. 8 Ex. 9
ADJ BDS 0 0 0 6 3 0 0 0 0 0 0 0 0 0
ALJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0
ASP 0 0 0 0 0 0 0 0 0 0 0 0 0 0
BLS 0 0 0 0 0 0 0 0 0 0 0 0 0 0
CFO 0 0 0 0 0 0 0 0 0 0 0 0 0 0
EBSA 0 0 0 0 0 0 0 0 0 0 0 0 0 0
ETA 0 0 0 0 0 0 0 0 0 0 0 0 0 0
EXEC SEC 0 0 0 0 0 0 0 0 0 0 0 0 0 0
ILAB 0 0 0 0 0 0 0 0 0 0 0 0 0 0
MSHA 0 0 0 0 0 0 0 0 1 0 0 0 0 0
OASAM 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
ODEP 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OFCCP 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OIG 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OLMS 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
OSEC 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OSHA 0 0 0 0 0 0 2 0 3 0 0 0 0 0
OWCP 0 0 0 0 1 0 0 0 1 0 0 0 0 0
SOL 0 0 0 0 1 0 0 0 1 0 0 0 0 0
VETS 0 0 0 0 1 0 0 0 1 0 0 0 0 0
WB 0 0 0 0 0 0 0 0 0 0 0 0 0 0
WHD 0 0 0 0 0 0 1 0 1 0 0 0 0 0
DOL Overall 0 0 0 0 3 0 3 0 8 0 0 0 0 0

C. (2) Reasons for Denial on Appeal - Reasons Other Than Exemptions

Agency No Records Records Referred at Initial Request Level Request Withdrawn Fee- Related Reason Records not Reasonably Described Improper Request for Other Reasons Not Agency Record Duplicate Request or Appeal Request in Litigation Appeal Based Solely on Denial of Request for Expedited Processing Other
*Explain in chart below
ADJ BDS 0 0 0 0 0 0 0 0 0 0 1
ALJ 0 0 0 0 0 0 0 0 0 0 0
ASP 0 0 0 0 0 0 0 0 0 0 0
BLS 2 0 0 0 0 0 0 0 0 0 0
CFO 0 0 0 0 0 0 0 0 0 0 0
EBSA 2 0 0 0 0 0 0 1 0 0 3
ETA 12 0 1 0 0 0 0 2 0 0 3
EXEC SEC 0 0 0 0 0 0 0 0 0 0 0
ILAB 0 0 0 0 0 0 0 0 0 0 0
MSHA 0 0 7 0 0 0 0 0 0 0 0
OASAM 0 0 2 0 0 0 0 0 0 0 3
OCIA 0 0 0 0 0 0 0 0 0 0 0
ODEP 0 0 0 0 0 0 0 0 0 0 0
OFCCP 0 0 0 0 0 1 0 0 0 0 0
OIG 0 0 1 0 0 0 0 0 0 0 0
OLMS 0 0 0 0 0 0 0 0 0 0 0
OPA 0 0 0 0 0 0 0 0 0 0 0
OSEC 0 0 0 0 0 0 0 0 0 0 0
OSHA 1 0 8 0 0 5 0 4 0 0 3
OWCP 1 0 1 0 0 40 0 2 0 0 76
SOL 0 0 0 0 0 0 0 0 0 0 1
VETS 0 0 2 0 0 0 0 0 0 0 0
WB 0 0 0 0 0 0 0 0 0 0 0
WHD 0 0 1 0 0 1 0 1 0 0 2
DOL Overall 16 0 23 0 0 47 0 10 0 0 92

C. (3) Reasons for Denial on Appeal - "Other" Reasons from Section VI, C (2) Chart

Component Description of "Other" Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Reasons Were Relied Upon TOTAL
ADJ BDS (1) Constructive denial now moot 1
ALJ N/A 0
ASP N/A 0
BLS N/A 0
CFO N/A 0
EBSA (3) Constructive denial now moot 3
ETA (2) Appeal abandoned
(1) Appeal untimely
3
EXEC SEC N/A 0
ILAB N/A 0
MSHA N/A 0
OASAM (3) Constructive denial now moot 3
OCIA N/A 0
ODEP N/A 0
OFCCP N/A 0
OIG N/A 0
OLMS N/A 0
OPA N/A 0
OSEC N/A 0
OSHA (1) Appeal abandoned
(1) Constructive denial now moot
(1) Appeal untimely
3
OWCP (73) Constructive denial
(2) Initial request not an appeal
(1) Supplemental response issued by agency
76
SOL (1) Supplemental response issued by agency 1
VETS N/A 0
WB N/A 0
WHD (1) Constructive denial appeal moot
(1) Appeal abandoned
2
DOL Overall 92

C. (4) Response Time for Administrative Appeals

Component Median Number of Days Average Number of Days Lowest Number of Days Highest Number of Days
ADJ BDS 54 54 54 54
ALJ 0 0 0 0
ASP 0 0 0 0
BLS 0 0 0 0
CFO 0 0 0 0
EBSA 210 254.2 9 653
ETA 98 163.4 0 527
EXEC SEC 0 0 0 0
ILAB 0 0 0 0
MSHA 499 411.8 7 721
OASAM 349 446.6 231 836
OCIA 0 0 0 0
ODEP 0 0 0 0
OFCCP 9 9 9 9
OIG 206 205.5 44 367
OLMS 513 513 270 765
OPA 0 0 0 0
OSEC 0 0 0 0
OSHA 73 164.9 1 795
OWCP 24 53.9 1 871
SOL 397 397 85 709
VETS 353 510 343 834
WB 0 0 0 0
WHD 44 128.1 1 523
DOL Overall 41 131.2 0 871

C. (5) Ten Oldest Pending Administrative Appeals

Agency 10th
Oldest
Pending
Administrative
Appeal
9th 8th 7th 6th 5th 4th 3rd 2nd Oldest
Pending
Appeal
and
Number
of Days
Pending
ADJ BDS 0 0 0 0 0 0 0 0 0 0
ALJ 0 0 0 0 0 0 0 0 0 0
ASP 0 0 0 0 0 0 0 0 0 0
BLS 0 0 0 0 0 0 0 0 0 9/26/13
263
CFO 0 0 0 0 0 0 0 0 0 0
EBSA 3/27/14
133
2/24/14
156
10/22/13
245
9/27/13
262
9/26/13
263
9/9/13
276
8/19/13
290
3/14/13
400
3/4/13
408
12/11/12
463
ETA 11/27/13
219
11/19/13
225
9/27/13
262
9/18/13
269
8/19/13
290
8/16/13
291
2/22/13
414
2/7/13
424
2/7/13
424
8/9/12
547
EXEC SEC 0 0 0 0 0 0 0 0 0 0
ILAB 0 0 0 0 0 0 0 0 0 0
MSHA 6/3/14
85
3/18/14
140
2/10/14
166
1/14/14
185
12/19/13
203
6/12/13
351
5/22/13
357
3/18/13
398
3/4/13
408
12/11/12
438
OASAM 6/18/14
74
6/13/14
77
5/21/14
94
3/24/14
136
1/17/14
182
9/26/13
263
8/5/13
300
7/15/13
315
7/10/13
569
1/4/11
950
OCIA 0 0 0 0 0 0 0 0 0 0
ODEP 0 0 0 0 0 0 0 0 0 0
OFCCP 0 0 3/18/14
140
9/18/13
269
8/19/13
290
7/3/13
322
7/3/13
322
11/6/12
486
7/18/12
553
2/27/11
653
OIG 0 0 0 0 0 0 0 0 0 12/6/11

718

OLMS 0 0 0 0 0 0 0 1/14/14
185
9/9/13
276
2/22/13
414
OPA 0 0 0 0 0 0 0 0 0 0
OSEC 0 0 0 0 0 0 0 0 0 0
OSHA 1/18/13
437
1/17/13
438
12/11/12
447
12/11/12
463
11/6/12
487
9/4/12
530
8/9/12
547
7/18/12
563
7/10/12
569
5/23/12
601
OWCP 4/3/12
637
2/6/12
677
12/6/11
718
12/6/11
718
12/6/11
718
12/6/11
718
12/6/11
718
12/6/11
718
12/6/11
718
11/21/11
728
SOL 0 0 0 0 0 0 0 0 9/9/13
276
11/6/12
486
VETS 0 0 0 0 6/18/2014
74
12/19/2013
203
8/16/2013
291
3/4/2013
408
3/4/2013
408
2/7/2013
424
WB 0 0 0 0 0 0 0 0 0 0
WHD 9/18/13
269
9/9/13
276
9/9/13
276
5/1/13
366
5/1/13
366
4/17/13
376
2/7/13
424
5/23/12
601
4/3/12
627
4/3/12
627
  10th Oldest Appeal 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Appeal
Date of Receipt of Ten Oldest Appeals 12/6/2011 12/6/2011 12/6/2011 12/6/2011 12/6/2011 12/6/2011 12/6/2011 12/6/2011 11/21/2011
Number of Days Pending 718 718 718 718 718 718 718 718 728 950

VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTS

A. Processed Requests - Response Time for All Processed Perfected Requests

Agency

SIMPLE

COMPLEX

EXPEDITED PROCESSING

# of Requests Processed Median # Of Days Average # Of Days Lowest #Of Days Highest # Of Days # of Requests Processed Median # Of Days Average # Of Days Lowest #Of Days Highest # Of Days # of Requests Processed Median # Of Days Average # Of Days Lowest #Of Days Highest # Of Days
ADJ BDS 44 13.5 20.3 1 76 1 9 9 9 9 1 38 38 38 38
ALJ 16 26 20.7 1 33 129 3 6.6 1 82 4 11 15.5 2 38
ASP 4 265.5 254.8 4 484 7 234 232.1 133 314 0 0 0 0 0
BLS 17 18 23.9 2 118 9 22 38.7 4 124 0 0 0 0 0
CFO 2 1.5 1.5 1 2 16 7 8.8 1 24 5 7 19.4 6 54
EBSA 108 18 19 1 90 357 14 35.3 1 871 7 14 15.4 7 28
ETA 768 3 6.9 1 191 865 10 13.4 1 111 6 12 10.3 1 21
EXEC SEC 0 0 0 0 0 1 14 14 14 14 0 0 0 0 0
ILAB 1 7 7 7 7 4 32 62.5 20 166 0 0 0 0 0
MSHA 1 4 4 4 4 1,537 10 19.5 1 391 7 214 253.9 1 550
OASAM 13 18 33.7 4 140 213 37.5 55.5 1 437 0 0 0 0 0
OCIA 4 24 57 8 172 25 47 175.5 4 2115 1 19 19 19 19
ODEP 0 0 0 0 0 6 5 55.8 2 302 0 0 0 0 0
OFCCP 54 5 8.2 1 25 133 16 31.8 1 261 1 1 1 1 1
OIG 47 7 15 1 93 24 111 154 9 459 1 5 5 5 5
OLMS 29 14 15.2 1 39 53 22 24.5 1 75 1 7 7 7 7
OPA 0 0 0 0 0 7 77 185.1 17 530 0 0 0 0 0
OSEC 0 0 0 0 0 26 45.5 76.3 7 465 0 0 0 0 0
OSHA 3,827 4 24 0 1426 4,620 7 18.6 1 1493 68 4.5 11.5 1 70
OWCP 24 10 25.3 1 134 470 23.5 134.8 1 2107 0 0 0 0 0
SOL 3 2 3 1 7 97 33 78.9 1 969 1 15 15 15 15
VETS 46 11.5 59.9 1 307 107 16 40.1 1 367 0 0 0 0 0
WB 5 137 128.8 24 208 1 4 4 4 4 0 0 0 0 0
WHD 1,610 16 28.9 1 332 1,220 38 72.6 1 608 54 12 21.1 1 201
DOL OVERALL 6,623 6 23.4 1 1426 9,930 12 33.6 1 2115 157 10 26.3 1 550

Due to a system limitation, the charts in this section may contain information about unperfected requests.

B. Processed Requests - Response Time for Perfected Requests in Which Information Was Granted

Agency SIMPLE COMPLEX EXPEDITED PROCESSING
# of Requests Processed Median # Of Days Average # Of Days Lowest #Of Days Highest # Of Days # of Requests Processed Median # Of Days Average # Of Days Lowest #Of Days Highest # Of Days # of Requests Processed Median # Of Days Average # Of Days Lowest #Of Days Highest # Of Days
ADJ BDS 14 12.5 11.4 6 14 0 0 0 0 0 0 0 0 0 0
ALJ 6 10 9.5 1 19 102 3 5.9 1 37 4 11 15.5 2 38
ASP 1 4 4 4 4 1 297 297 297 297 0 0 0 0 0
BLS 9 22 28.1 7 118 5 22 47.2 13 124 0 0 0 0 0
CFO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
EBSA 66 19.5 19.4 1 56 141 19 43.5 1 871 1 14 14 14 14
ETA 89 8 12.6 1 191 691 11 14 1 111 3 12 8 1 12
EXEC SEC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
ILAB 1 7 7 7 7 2 103.5 103.5 41 166 0 0 0 0 0
MSHA 0 0 0 0 0 1,247 11 21.2 1 391 7 214 253.9 1 550
OASAM 10 18 37.6 11 140 89 35 58.8 2 437 0 0 0 0 0
OCIA 0 0 0 0 0 11 40 89.6 4 461 0 0 0 0 0
ODEP 0 0 0 0 0 2 9.5 9.5 2 17 0 0 0 0 0
OFCCP 34 5 9.8 1 25 77 16 34.9 1 261 1 1 1 1 1
OIG 20 4 18 1 93 18 200 156 9 459 0 5 5 5 5
OLMS 3 18 25 18 39 30 29 32 2 75 0 0 0 0 0
OPA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OSEC 0 0 0 0 0 14 48 102.4 7 465 0 0 0 0 0
OSHA 1,723 8 18.4 1 686 2,581 13 20.8 1 780 48 5.5 13 1 70
OWCP 7 3 10.3 1 30 206 17 40.7 2 1108 0 0 0 0 0
SOL 1 7 7 7 7 50 27 65.5 1 969 0 0 0 0 0
VETS 20 9 12.6 1 52 76 16 32.9 1 367 0 0 0 0 0
WB 1 128 128 128 128 0 0 0 0 0 0 0 0 0 0
WHD 793 20.5 31.6 1 254 683 37 65.8 1 608 36 11 17.6 1 196
DOL OVERALL 2,799 11 21.9 1 686 6,023 14 27.9 1 1108 6,015 10 30.8 1 550  

Due to a system limitation, the charts in this section may contain information about unperfected requests.

C. Processed Requests - Response Time in Day Increments

SIMPLE REQUESTS

Agency 1-20
Days
21-40
Days
41-60
Days
61-80
Days
81-100
Days
101-120
Days
121-140
Days
141-160
Days
161-180
Days
181-200
Days
201-300
Days
301-400
Days
401+
Days
TOTAL
ADJ BDS 34 0 9 1 0 0 0 0 0 0 0 0 0 44
ALJ 8 8 0 0 0 0 0 0 0 0 0 0 0 16
ASP 1 0 0 0 0 0 0 0 0 0 2 0 1 4
BLS 11 4 1 0 0 1 0 0 0 0 0 0 0 17
CFO 2 0 0 0 0 0 0 0 0 0 0 0 0 2
EBSA 65 40 1 1 1 0 0 0 0 0 0 0 0 108
ETA 715 45 6 1 0 0 0 0 0 1 0 0 0 768
EXEC SEC 0 0 0 0 0 0 0 0 0 0 0 0 0 0
ILAB 1 0 0 0 0 0 0 0 0 0 0 0 0 1
MSHA 1 0 0 0 0 0 0 0 0 0 0 0 0 1
OASAM 7 4 0 0 1 0 1 0 0 0 0 0 0 13
OCIA 1 2 0 0 0 0 0 0 1 0 0 0 0 4
ODEP 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OFCCP 45 9 0 0 0 0 0 0 0 0 0 0 0 54
OIG 34 6 5 1 1 0 0 0 0 0 0 0 0 47
OLMS 19 10 0 0 0 0 0 0 0 0 0 0 0 29
OPA 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OSEC 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OSHA 3,061 439 121 40 41 30 16 12 13 4 13 4 33 3,827
OWCP 18 3 0 0 0 1 2 0 0 0 0 0 0 24
SOL 3 0 0 0 0 0 0 0 0 0 0 0 0 3
VETS 30 4 2 0 0 0 0 3 0 0 5 2 0 46
WB 0 1 0 0 0 0 2 1 0 0 1 0 0 5
WHD 937 302 167 79 31 30 18 11 6 9 19 1 0 1,610
DOL OVERALL 4,993 877 312 123 75 62 39 27 20 14 40 7 34 6,623

Due to a system limitation, the charts in this section may contain information about unperfected requests.

COMPLEX REQUESTS

Agency 1-20
Days
21-40
Days
41-60
Days
61-80
Days
81-100
Days
101-120
Days
121-140
Days
141-160
Days
161-180
Days
181-200
Days
201-300
Days
301-400
Days
401+
Days
TOTAL
ADJ BDS 1 0 0 0 0 0 0 0 0 0 0 0 0 1
ALJ 121 7 0 0 1 0 0 0 0 0 0 0 0 129
ASP 0 0 0 0 0 0 1 1 0 0 4 1 0 7
BLS 3 3 1 1 0 0 1 0 0 0 0 0 0 9
CFO 14 2 0 0 0 0 0 0 0 0 0 0 0 16
EBSA 212 51 26 24 25 7 5 2 0 0 1 0 4 357
ETA 709 126 19 7 2 2 0 0 0 0 0 0 0 865
EXEC SEC 1 0 0 0 0 0 0 0 0 0 0 0 0 1
ILAB 1 1 1 0 0 0 0 0 1 0 0 0 0 4
MSHA 1,220 168 50 18 26 15 16 6 6 6 4 2 0 1,537
OASAM 60 54 32 21 16 8 5 6 1 2 5 2 1 213
OCIA 10 1 3 1 1 1 0 2 0 3 0 1 2 25
ODEP 5 0 0 0 0 0 0 0 0 0 0 1 0 6
OFCCP 78 25 13 4 3 1 2 4 0 1 2 0 0 133
OIG 1 4 1 4 1 1 0 0 2 2 5 2 2 25
OLMS 26 16 8 3 0 0 0 0 0 0 0 0 0 53
OPA 1 1 0 2 1 0 0 0 0 0 0 0 2 7
OSEC 5 6 5 3 2 0 1 1 0 1 1 0 1 26
OSHA 3,558 642 209 75 37 32 19 9 5 4 10 5 15 4,620
OWCP 208 97 65 22 6 14 3 2 2 3 3 0 45 470
SOL 36 17 13 12 5 2 2 1 1 1 2 1 4 97
VETS 73 16 5 3 1 1 0 1 1 0 1 5 0 107
WB 1 0 0 0 0 0 0 0 0 0 0 0 0 1
WHD 377 254 158 78 46 41 33 46 29 31 102 20 5 1,220
DOL OVERALL 6,725 1,492 609 278 173 125 88 81 48 54 140 40 81 9,929

Due to a system limitation, the charts in this section may contain information about unperfected requests.

REQUESTS GRANTED EXPEDITED PROCESSING

Agency 1-20
Days
21-40
Days
41-60
Days
61-80
Days
81-100
Days
101-120
Days
121-140
Days
141-160
Days
161-180
Days
181-200
Days
201-300
Days
301-400
Days
401+
Days
TOTAL
ADJ BDS 0 1 0 0 0 0 0 0 0 0 0 0 0 1
ALJ 3 1 0 0 0 0 0 0 0 0 0 0 0 4
ASP 0 0 0 0 0 0 0 0 0 0 0 0 0 0
BLS 0 0 0 0 0 0 0 0 0 0 0 0 0 0
CFO 3 1 1 0 0 0 0 0 0 0 0 0 0 5
EBSA 6 1 0 0 0 0 0 0 0 0 0 0 0 7
ETA 5 1 0 0 0 0 0 0 0 0 0 0 0 6
EXEC SEC 0 0 0 0 0 0 0 0 0 0 0 0 0 0
ILAB 0 0 0 0 0 0 0 0 0 0 0 0 0 0
MSHA 3 0 0 0 0 0 0 0 0 0 1 0 3 7
OASAM 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OCIA 1 0 0 0 0 0 0 0 0 0 0 0 0 1
ODEP 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OFCCP 1 0 0 0 0 0 0 0 0 0 0 0 0 1
OIG 1 0 0 0 0 0 0 0 0 0 0 0 0 1
OLMS 1 0 0 0 0 0 0 0 0 0 0 0 0 1
OPA 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OSEC 0 0 0 0 0 0 0 0 0 0 0 0 0 0
OSHA 56 7 3 2 0 0 0 0 0 0 0 0 0 68
OWCP 0 0 0 0 0 0 0 0 0 0 0 0 0 0
SOL 1 0 0 0 0 0 0 0 0 0 0 0 0 1
VETS 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
WHD 47 2 1 0 2 0 0 0 0 1 1 0 0 54
DOL OVERALL 128 14 5 2 2 0 0 0 0 1 2 0 3 157

Due to a system limitation, the charts in this section may contain information about unperfected requests.

D. Pending Requests - All Pending Perfected Requests

Agency

SIMPLE

COMPLEX

EXPEDITED PROCESSING

# Pending Median # Of Days Average # Of Days # Pending Median # Of Days Average # Of Days # Pending Median # Of Days Average # Of Days
ADJ BDS 0 0 0 0 0 0 1 45 6
ALJ 0 0 0 4 59.5 57.3 0 0 0
ASP 0 0 0 4 265.5 202.5 0 0 0
BLS 0 0 0 2 8 8 0 0 0
CFO 0 0 0 1 256 256 0 0 0
EBSA 2 107.5 107.5 70 21.5 53.4 2 42 42
ETA 14 7 13.6 56 6.5 8.6 0 0 0
EXEC SEC 0 0 0 0 0 0 0 0 0
ILAB 0 0 0 2 321 11.5 0 0 0
MSHA 0 0 0 111 27 68.6 1 354 354
OASAM 0 0 0 27 99 97.7 0 0 0
OCIA 0 0 0 3 363 260.3 0 0 0
ODEP 0 0 0 0 0 0 0 0 0
OFCCP 0 0 0 24 23 52.8 0 0 0
OIG 0 0 0 17 79 128 0 0 0
OLMS 0 0 0 9 47 56.1 0 0 0
OPA 0 0 0 4 410.5 421.3 0 0 0
OSEC 0 0 0 5 42 51.4 0 0 0
OSHA 21 47 247 315 14 35.7 0 0 0
OWCP 1 208 208 35 18 20.4 0 0 0
SOL 0 0 0 18 18 20.4 0 0 0
VETS 0 0 0 13 15 16.7 0 0 0
WB 0 0 0 1 93 93 0 0 0
WHD 66 155 139.9 334 65 109.1 0 0 0
DOL OVERALL 104 124 162.8 1,057 23 68 4 50 111

E. Pending Requests - Ten Oldest Pending Perfected Requests

Agency 10th Oldest Request
and # of Days Pending
9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request
and # of Days Pending
ADJ BDS 0 0 0 0 0 0 0 0 0 7/29/14
6
ALJ 0 0 0 0 0 0 9/12/14
13
7/15/14
54
6/27/14
65
5/14/14
97
ASP 0 0 0 0 0 0 11/28/13
206
10/17/13
216
7/22/13
300
7/22/13
300
BLS 0 0 0 0 0 0 0 0 9/30/14
1
9/10/14
15
CFO 0 0 0 0 0 0 0 0 0 9/24/13
256
EBSA 3/4/14
47
3/4/14
115
2/26/14
152
1/6/14
184
12/4/13
206
12/4/13
206
11/18/13
210
11/18/13
210
11/8/13
221
9/25/13
246
ETA 8/21/14
17
8/19/14
30
8/18/14
31
8/14/14
34
8/14/14
34
8/13/14
35
7/24/14
46
7/22/14
48
7/21/14
50
3/24/14
131
EXEC SEC 0 0 0 0 0 0 0 0 0 0
ILAB 0 0 0 0 0 0 0 0 9/2/14
16
4/4/12
624
MSHA 1/28/14
148
10/25/13
232
9/12/13
262
5/6/13
354
5/6/13
354
5/6/13
354
5/6/13
354
5/6/13
354
4/24/13
613
3/20/12
638
OASAM 4/15/14
118
3/6/14
121
2/24/14
150
2/23/14
150
11/20/13
215
11/19/13
216
11/13/13
219
7/30/13
240
7/29/13
288
6/12/13
326
OCIA 0 0 0 0 0 0 0 8/21/14
27
4/20/13
363
3/1/13
391
ODEP 0 0 0 0 0 0 0 0 0 0
OFCCP 8/20/14
28
8/13/14
29
7/24/14
44
7/17/14
52
7/1/14
57
5/20/14
81
5/20/14
92
4/23/14
111
12/2/13
207
5/9/13
349
OIG 6/9/14
79
6/3/14
83
6/3/14
83
5/30/14
85
4/3/14
125
3/26/14
131
10/31/13
229
6/24/13
319
3/4/13
398
2/4/13
417
OLMS 0 9/22/14
7
9/18/14
9
9/11/14
12
7/25/14
47
7/25/14
47
6/6/14
81
5/15/14
95
5/7/14
99
4/29/14
108
OPA 0 0 0 0 0 0 9/12/14
263
2/12/13
410
2/11/13
411
4/27/12
601
OSEC 0 0 0 0 0 9/4/14
19
8/18/14
31
8/1/14
42
6/18/14
73
5/21/14
92
OSHA 9/11/13
265
10/4/11
751
2/23/11
907
2/8/11
917
2/8/11
917
1/5/11
939
1/5/11
940
12/29/10
940
10/1/10
1,003
9/17/10
1,013
OWCP 2/10/14
176
1/28/14
180
1/28/14
180
1/28/14
180
11/27/13
212
9/18/13
239
3/13/13
301
1/15/13
598
4/16/12
653
4/9/12
661
SOL 7/14/14
15
4/23/14
81
5/16/14
95
5/15/14
96
2/24/14
150
2/19/14
153
2/13/14
154
2/10/14
154
1/28/14
169
10/28/13
226
VETS 9/15/10
12
9/11/14
12
9/8/14
15
9/8/14
15
9/4/14
17
8/20/14
19
8/12/14
19
7/21/14
40
7/16/14
41
6/2/14
61
WB 0 0 0 0 0 0 0 0 0 5/19/14
93
WHD 5/7/12
604
3/27/12
633
3/11/12
644
2/17/12
659
1/11/12
683
10/28/11
725
10/24/11
738
9/20/11
768
10/7/10
999
8/19/10
1,033
  10th Oldest Request and Number of Days Pending 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request and Number of Days Pending
  2/23/11
907
OSHA
2/8/11
917
OSHA
2/8/11
917
OSHA
1/5/11
939
OSHA
1/5/11
940
OSHA
12/29/10
940
OSHA
10/7/10
999
WHD
10/1/10
1003
OSHA
9/17/10
1013
OSHA
8/19/10
1033
WHD

Some work day ranges reported appear to be out of sequence based on the date of the receipt of the request. However, this is attributed to requests that have been "tolled" for clarification or to resolve fee matters consistent with the provisions of the statute.

As noted DOL located 550 initial FOIA requests that remained pending in the Departmental FOIA tracking system and requiring further action, many of which were received in prior years. Accordingly, DOL has identified 8 additional intial FOIA requests that should have been previously reported and are now among the 10 oldest pending requests.

VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER

A. Requests for Expedited Processing

Agency # Granted # Denied Median # of Days to Adjudicate Average # of Days to Adjudicate # Adjudicated Within Ten Days
ADJ BDS 1 1 77.5 77.5 0
ALJ 4 1 17 23.6 1
ASP 0 1 455 455 0
BLS 0 1 32 32 0
CFO 2 1 1 5 2
EBSA 6 43 25 39.8 18
ETA 3 12 2 8 14
EXEC SEC 0 0 0 0 0
ILAB 0 0 0 0 0
MSHA 7 9 12.5 50.1 7
OASAM 0 9 87 94.1 1
OCIA 1 1 38 38 0
ODEP 0 0 0 0 0
OFCCP 0 5 4 6.6 4
OIG 1 4 3 2 2
OLMS 0 1 4 4 1
OPA 0 1 774 774 0
OSEC 0 3 58 107.3 0
OSHA 52 106 7 26.9 96
OWCP 0 6 19.5 740 1
SOL 1 3 17.5 21.3 1
VETS 0 1 511 511 0
WB 0 0 0 0 0
WHD 44 104 21.5 47.5 44
DOL OVERALL 122 314 14 51.1 192

B. Requests for Fee Waiver

Agency # Granted # Denied Median # of Days to Adjudicate Average # of Days to Adjudicate
ADJ BDS 0 1 54 54
ALJ 6 1 8 7.9
ASP 0 3 186 211
BLS 0 5 18 18.4
CFO 8 3 1 8.1
EBSA 10 19 7 24.6
ETA 7 122 3 7
EXEC SEC 0 0 0 0
ILAB 1 1 103.5 103.5
MSHA 15 9 11.5 24.6
OASAM 9 24 37 61.1
OCIA 16 1 40 221.4
ODEP 2 0 3 3
OFCCP 0 8 6 12
OIG 9 0 3 2
OLMS 1 6 7 15.4
OPA 0 1 530 530
OSEC 13 2 48 93.5
OSHA 123 134 7 94.7
OWCP 1 41 59.5 370.7
SOL 7 19 36 172.7
VETS 0 8 41.5 100.3
WB 0 2 166.5 166.5
WHD 152 287 20 37.4
DOL OVERALL 380 698 16 68.5

IX. FOIA PERSONNEL AND COSTS

Agency PERSONNEL COSTS
# of "Full-Time FOIA Employees" # of "Equivalent Full-Time FOIA Employees"

Total # of "Full-Time FOIA Staff"
(The sum of Columns 1 & 2)

Processing Costs
(At "Initial Request" and "Appeal" levels)
Examples of Costs
* Pro-rated Salaries
* IT Related Services
* Supplies, etc.

Litigation-Related Costs

Total Costs

ADJ BDS 0 .45 .45 22,500.00 0 22,500.00
ALJ 1 0 1 99,300.00 0 99,300.00
ASP 0 .5 .5 45,368.00 0 45,368.00
BLS 0 4 4 24,700.00 0 24,700.00
CFO 0 .3 .3 44,000.00 0 44,000.00
EBSA 5 3.151 3.151 440,946.99 0 440,946.99
ETA 0 9.1 14.1 1,151,843.39 0 1,151,843.39
EXEC SEC 0 0.25 0.25 22,536.00 0 22,536.00
ILAB 0 0.1 0.1 6,300.00 0 6,300.00
MSHA 5 18.78 23.78 2,687,561.00 0 2,687,561.00
OASAM 0 5.64 5.64 546,770.00 0 546,770.00
OCIA 0 0.9 0.9 88,535.00 0 88,535.00
ODEP 0 0.05 0.05 5,864.22 0 5,864.22
OFCCP 0 5.85 5.85 562,154.40 0 562,154.40
OIG 1 0 1 131,057.00 0 131,057.00
OLMS 0 1 1 60,655.19 0 60,655.19
OPA 0 0.5 0.5 49,000.00 0 49,000.00
OSEC 0 0.35 0.35 40,100.00 0 40,100.00
OSHA 2 60.9 62.9 5,740,146.26 0 5,740,146.26
OWCP 2 2.95 4.95 490,752.50 0 490,752.50
SOL 12 3.19 15.19 1,335,434.96 438,354.00 1,773,788.96
VETS 1 1.73 2.73 2,687,561.00 0 2,687,561.00
WB 0 0.25 0.25 26,500.00 0 26,500.00
WHD 12 2 14 1,600,000.00 0 1,600,000.00
AGENCY OVERALL 41 121.941 162.941 17,909,585.91 438,354.00 18,347,939.91

X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency Total Amount of Fees Collected Percentage of Total Costs
ADJ BDS 0.00 0%
ALJ 2,527.32 2.55%
ASP 0.00 0%
BLS 0.00 0%
CFO 0.00 0%
EBSA 7,237.29 1.64%
ETA 3,109.55 0.27%
EXEC SEC 0.00 0%
ILAB 0.00 0%
MSHA 45,121.02 1.68%
OASAM 0.00 0%
OCIA 0.00 0%
ODEP 0.00 0%
OFCCP 3,156.34 0.56%
OIG 0.00 0%
OLMS 10.15 0.02%
OPA 0.00 0%
OSEC 0.00 0%
OSHA 110,345.48 1.92%
OWCP 2,571.75 0.52%
SOL 1,070.50 0.08%
VETS 656.05 0.02%
WB 0.00 0%
WHD 8,949.33 0.56%
DOL OVERALL 184,754.78 1.03%

XI. FOIA REGULATIONS

U.S. Department of Labor FOIA regulations and fee schedule can be accessed via the DOL public FOIA website at the following link: http://webapps.dol.gov/FederalRegister//PdfDisplay.aspx?DocId=11855

XII. BACKLOGS, CONSULTATIONS AND COMPARISONS

A. Backlogs of FOIA Requests and Administrative Appeals

Agency # of Backlogged Requests at DOL as of End of Fiscal Year # of Backlogged Appeals at DOL as of End of Fiscal Year
ADJ BDS 0 0
ALJ 3 0
ASP 3 0
BLS 0 1
CFO 0 0
EBSA 32 10
ETA 5 39
EXEC SEC 0 0
ILAB 0 0
MSHA 59 20
OASAM 23 13
OCIA 3 0
ODEP 0 0
OFCCP 14 8
OIG 15 1
OLMS 6 3
OPA 4 0
OSEC 5 0
OSHA 109 112
OWCP 7 84
SOL 10 2
VETS 0 2
WB 1 0
WHD 262 21
DOL OVERALL 561 316

DOL achieved a 13% an overall reduction of 13% in the agency's backlog. This is attributed to the continuing oversight of the departmental management of the FOIA program, the hard work of DOL's FOIA staff, consistent monitoring of FOIA related performance measures, and sustained effort toward backlog reduction throughout the Department's 23 FOIA components.

DOL experienced an increase from 186 backlogged administrative appeals pending at the end of FY2013, up to 319 backlogged pending as of the end of FY2014. This is attributed to a substantial increase among the number of incoming FOIA appeals received, and a decrease in the number of staff available to address FOIA appeals.

B. Consultations on FOIA Requests - Received, Processed, and Pending Consultations

Agency # of Consultations Received From Other Agencies That Were Pending at DOL as of Start of the Fiscal Year # of Consultations Received from Other Agencies During the Fiscal Year # of Consultations Received from Other Agencies that Were Processed by DOL During the Fiscal Year # of Consultations Received from Other Agencies that Were Pending at DOL as of End of the Fiscal Year
ADJ BDS 0 0 0 0
ALJ 0 1 1 0
ASP 0 0 0 0
BLS 0 1 1 0
CFO 0 0 0 0
EBSA 0 0 0 0
ETA 0 1 1 0
EXEC SEC 0 0 0 0
ILAB 0 0 0 0
MSHA 0 0 0 0
OASAM 0 0 0 0
OCIA 0 0 0 0
ODEP 0 0 0 0
OFCCP 0 0 0 0
OIG 0 0 0 0
OLMS 0 2 2 0
OPA 0 0 0 0
OSEC 0 1 1 0
OSHA 1 57 57 1
OWCP 1 0 1 0
SOL 0 0 0 0
VETS 2 0 2 0
WB 0 0 0 0
WHD 1 20 19 2
DOL OVERALL 5 83 85 3

As a part of the audit of data in Departmental FOIA tracking system, DOL located 550 requests that remained pending in the system and requiring further action, many of which were received in prior years. Among those is one consultation, originating with OWCP, which should have been previously reported.

C. Consultations on FOIA Requests - Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency

Agency 10th Oldest Consultation and # of Days Pending 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation and # of Days Pending
ADJ BDS 0 0 0 0 0 0 0 0 0 0
ALJ 0 0 0 0 0 0 0 0 0 0
ASP 0 0 0 0 0 0 0 0 0 0
BLS 0 0 0 0 0 0 0 0 0 0
CFO 0 0 0 0 0 0 0 0 0 0
EBSA 0 0 0 0 0 0 0 0 0 0
ETA 0 0 0 0 0 0 0 0 0 0
EXEC SEC 0 0 0 0 0 0 0 0 0 0
ILAB 0 0 0 0 0 0 0 0 0 0
MSHA 0 0 0 0 0 0 0 0 0 0
OASAM 0 0 0 0 0 0 0 0 0 0
OCIA 0 0 0 0 0 0 0 0 0 0
ODEP 0 0 0 0 0 0 0 0 0 0
OFCCP 0 0 0 0 0 0 0 0 0 0
OIG 0 0 0 0 0 0 0 0 0 0
OLMS 0 0 0 0 0 0 0 0 0 0
OPA 0 0 0 0 0 0 0 0 0 0
OSEC 0 0 0 0 0 0 0 0 0 0
OSHA 0 0 0 0 0 0 0 0 0 9/11/14
14
OWCP 0 0 0 0 0 0 0 0 0 0
SOL 0 0 0 0 0 0 0 0 0 9/11/14
14
VETS 0 0 0 0 0 0 0 0 0 0
WB 0 0 0 0 0 0 0 0 0 0
WHD 0 0 0 0 0 0 0 0 5/5/14
95
12/10/13
204
  10th Oldest Consultation and Number of Days Pending 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation and Number of Days Pending
DOL OVERALL 0 0 0 0 0 0 0 9/11/2014
14
5/5/2014
95
12/10/2013
204

D. Comparison of Number of Requests from Previous and Current Annual Report - Requests Received, Processed, and Backlogged

Agency NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED
# Received During Fiscal Year From Last Year's Annual Report # Received During Fiscal Year From Current Annual Report # Processed During Fiscal Year from Last Year's Annual Report # Processed During Fiscal Year From Current Annual Report
ADJ BDS 31 47 34 46
ALJ 149 152 151 149
ASP 15 4 10 11
BLS 45 27 51 26
CFO 6 23 6 23
EBSA 568 450 500 472
ETA 2,765 1,545 2,760 1,639
EXEC SEC 2 1 5 1
ILAB 19 4 18 5
MSHA 1,778 1,565 1,816 1,545
OASAM 280 211 274 226
OCIA 51 23 50 30
ODEP 15 5 17 6
OFCCP 267 188 280 188
OIG 75 71 68 72
OLMS 81 84 80 83
OPA 17 5 15 7
OSEC 22 25 18 26
OSHA 8,884 8,330 8,954 8,520
OWCP 1,092 374 1,033 495
SOL 121 95 122 101
VETS 251 138 360 153
WB 12 7 16 6
WHD 2,892 2,732 2,789 2,885
DOL OVERALL 19,438 16,106 19,427 16,715

The numbers of request received and processed during the fiscal year from last year's annual report have been corrected.

BACKLOG REQUEST COMPARISONS

Agency # of Backlogged Requests as of End of the Fiscal Year from Previous Annual Report # of Backlogged Requests as of End of the Fiscal Year from Current Annual Report
ADJ BDS 0 0
ALJ 1 3
ASP 0 3
BLS 0 0
CFO 1 0
EBSA 24 32
ETA 11 5
EXEC SEC 0 0
ILAB 1 0
MSHA 38 59
OASAM 25 23
OCIA 8 3
ODEP 0 0
OFCCP 23 14
OIG 17 15
OLMS 1 6
OPA 16 4
OSEC 4 5
OSHA 158 109
OWCP 19 7
SOL 15 10
VETS 7 0
WB 0 1
WHD 251 262
DOL OVERALL 620 561

E. Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report - Appeals Received, Processed, and Backlogged.

Agency NUMBER OF APPEALS RECEIVED NUMBER OF APPEALS PROCESSED
# Received During Fiscal Year From Last Year's Annual Report # Received During Fiscal Year From Current Annual Report # Processed During Fiscal Year from Last Year's Annual Report # Processed During Fiscal Year From Current Annual Report
ADJ BDS 1 1 1 1
ALJ 1 0 1 0
ASP 0 0 0 0
BLS 2 0 2 0
CFO 0 0 0 0
EBSA 11 8 4 9
ETA 44 52 40 27
EXEC SEC 0 0 0 0
ILAB 0 0 0 0
MSHA 9 21 8 12
OASAM 11 7 7 7
OCIA 0 0 0 0
ODEP 0 0 0 0
OFCCP 10 2 6 1
OIG 2 1 2 2
OLMS 6 1 9 2
OPA 0 0 0 0
OSEC 0 0 0 0
OSHA 118 113 103 48
OWCP 210 167 179 147
SOL 3 0 0 2
VETS 12 3 9 3
WB 0 0 0 0
WHD 24 24 22 16
DOL OVERALL 464 400 393 277

BACKLOG APPEALS COMPARISONS

Agency # of Backlogged Appeals as of End of the Fiscal Year from Previous Annual Report # of Backlogged Appeals as of End of the Fiscal Year from Current Annual Report
ADJ BDS 0 0
ALJ 0 0
ASP 0 0
BLS 0 1
CFO 0 0
EBSA 8 10
ETA 14 39
EXEC SEC 0 0
ILAB 0 0
MSHA 14 20
OASAM 10 13
OCIA 0 0
ODEP 0 0
OFCCP 6 8
OIG 4 1
OLMS 4 3
OPA 0 0
OSEC 0 0
OSHA 48 112
OWCP 57 84
SOL 3 2
VETS 6 2
WB 0 0
WHD 12 21
DOL OVERALL 186 316

In 2013 Annual FOIA, DOL reported 183 backlogged FOIA Appeals. That number was tabulated incorrectly. We are correcting that number here to reflect that there were actually 186 FOIA appeals that were backlogged at the end of FY2013.

F. Discussion of Other FOIA Activities (optional)

As a part of the overall improvement of DOL's decentralized FOIA program, under direction of the Chief FOIA Officer, OIS continues to promote initiatives that are aimed at improving the FOIA administrative processes across DOL. The Department continues to work towards: improved customer service to our internal and external customers by providing clear and consistent FOIA responses; increased transparency by continuing to make discretionary disclosures of information where there is no foreseeable harm; and expanding DOL affirmative disclosures through the agency website and other mechanisms. DOL has also established robust process measures to closely monitor the timeliness of FOIA processing and backlog reduction.

As discussed in prior reports DOL continues to analyze and review the data that resulted from our audit of the Department's FOIA data and located an additional number of FOIA requests that had not been properly logged into the FOIA tracking system. The success of this initiative reaffirms our commitment to providing and publishing the most accurate data for the purposes of FOIA reporting, ensured that all FOIA requests received by the Department are answered as accurately and completely as possible and gave an opportunity for OIS to continue addressing data reconciliation issues and make it a part of our regularly scheduled program reviews. In light of all this, the Department still managed to process more requests than it received, close all of the 10 oldest FOIA requests reported in the FY2012 report and exceed the required goals for backlog reduction.

___________________________
M. Patricia Smith
Chief FOIA Officer