Form SH 900 data from the New York City Police Department, years 2016 to present
| Tracking # |
FL-20-0524 |
| Submitted | Aug. 31, 2020 |
| Est. Completion | Oct. 2, 2020 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All releasable, tabulated data of workplace injuries or illnesses reported to the Department of Labor (Division of Safety and Health, Public Employee Safety and Health Bureau) by the New York City Police Department (as a covered public employer),
This data would be collected through the standardized forms Form SH 900 ("Log of Work Related Injuries and Illnesses Form") and upon information and belief is kept in electronic format.
The applicable scope of records to search and return are those which date to the time period of calendar years 2016 through 2019, as well as all records dating to calendar year 2020 for all months through the end of August. This period is approximate and inclusive.
I specifically request all individual cases to be exported and returned to me in a row/column spreadsheet format such as comma separated value (CSV) or in Microsoft Excel (.XLS/.XLSX) format. Please also include any "data dictionary" or other guidance to the interpretation of the data, whether it is provided by the New York City Police Department or from within the Department of Labor.
It is my understanding that personally identifying information or HIPAA protected information must be removed; however I specifically request all remaining individual rows and columns of data to be released per the FOIL's definition of a "statistical tabulation" (which has the presumption of being releasable under FOIL, as these are public records releasable in the public interest).
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
T. McElwee
From: New York State Department of Labor
Please see attached.
Thank you!
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on Aug. 31, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Department of Labor
"As part of the ongoing response to the COVID-19 pandemic, some or all agency employees may be working off-site. As such, there may be delays in response to FOIL requests. If a record responsive to a request is only available in hard-copy format, that record's availability will be limited until further notice. Thank you for your patience during this extraordinary time."
From: New York State Department of Labor
Please see attached
Thank you
Marlene McNeal
Legal Assistant 1
New York State Department of Labor | Counsel's Office
Harriman State Office Campus
Building 12, Room 509, Albany NY 12240
O: 518-485-2191 | Fax: 518-485-1819 | marlene.mcneal@labor.ny.gov<mailto:marlene.mcneal@labor.ny.gov>
Facebook<https://www.facebook.com/nyslabor> | Twitter<https://twitter.com/NYSLabor> | YouTube<https://www.youtube.com/user/NYSLabor> | Linkedin<https://www.linkedin.com/company/new-york-state-department-of-labor>
[YOUR DOL Email Tag]<https://www.labor.ny.gov/home/>
-
image001
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on Aug. 31, 2020. You had previously indicated that it would be completed on Oct. 2, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FL-20-0524.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Department of Labor
From: requests@muckrock.com <requests@muckrock.com>
Sent: October 05, 2020 5:02 AM
To: labor.sm.Counsel.FOILReq <FOILReq.Counsel@labor.ny.gov>
Subject: RE: New York Freedom of Information Law Request #FL-20-0524
ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails.
New York State Department of Labor
FOIL Office
Building 12, Room 509
12 W. Averell
Albany, NY 12240
October 5, 2020
This is a follow up to request number FL-20-0524:
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on Aug. 31, 2020. You had previously indicated that it would be completed on Oct. 2, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FL-20-0524.
Thanks for your help, and let me know if further clarification is needed.
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 101696
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On Sept. 30, 2020:
Subject: FOIL
Please see attached
Thank you
Marlene McNeal
Legal Assistant 1
New York State Department of Labor | Counsel's Office
Harriman State Office Campus
Building 12, Room 509, Albany NY 12240
O: 518-485-2191 | Fax: 518-485-1819 | marlene.mcneal@labor.ny.gov<mailto:marlene.mcneal@labor.ny.gov<mailto:marlene.mcneal@labor.ny.gov%3cmailto:marlene.mcneal@labor.ny.gov>>
Facebook<https://www.facebook.com/nyslabor<https://protect2.fireeye.com/v1/url?k=5debf6d4-016ace2f-5de90fe1-000babd9f8b3-5d36a8425925f499&q=1&e=2c37fc80-3926-4fca-a65f-99bfd28a575d&u=https%3A%2F%2Fwww.facebook.com%2Fnyslabor>> | Twitter<https://twitter.com/NYSLabor> | YouTube<https://www.youtube.com/user/NYSLabor> | Linkedin<https://www.linkedin.com/company/new-york-state-department-of-labor>
[YOUR DOL Email Tag]<https://www.labor.ny.gov/home/>
---
On Sept. 21, 2020:
Subject: RE: New York Freedom of Information Law Request: Form SH 900 data from the New York City Police Department, years 2016 to present
"As part of the ongoing response to the COVID-19 pandemic, some or all agency employees may be working off-site. As such, there may be delays in response to FOIL requests. If a record responsive to a request is only available in hard-copy format, that record's availability will be limited until further notice. Thank you for your patience during this extraordinary time."
---
On Sept. 3, 2020:
Subject: FOIL
Please see attached.
Thank you!
---
On Aug. 31, 2020:
Subject: New York Freedom of Information Law Request: Form SH 900 data from the New York City Police Department, years 2016 to present
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All releasable, tabulated data of workplace injuries or illnesses reported to the Department of Labor (Division of Safety and Health, Public Employee Safety and Health Bureau) by the New York City Police Department (as a covered public employer),
This data would be collected through the standardized forms Form SH 900 ("Log of Work Related Injuries and Illnesses Form") and upon information and belief is kept in electronic format.
The applicable scope of records to search and return are those which date to the time period of calendar years 2016 through 2019, as well as all records dating to calendar year 2020 for all months through the end of August. This period is approximate and inclusive.
I specifically request all individual cases to be exported and returned to me in a row/column spreadsheet format such as comma separated value (CSV) or in Microsoft Excel (.XLS/.XLSX) format. Please also include any "data dictionary" or other guidance to the interpretation of the data, whether it is provided by the New York City Police Department or from within the Department of Labor.
It is my understanding that personally identifying information or HIPAA protected information must be removed; however I specifically request all remaining individual rows and columns of data to be released per the FOIL's definition of a "statistical tabulation" (which has the presumption of being releasable under FOIL, as these are public records releasable in the public interest).
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
T. McElwee
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 101696
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[http://email.requests.muckrock.com/o/eJwNyksKwjAQANDTmOUwEyefLrKwoiAIgheQNB219BOaWsHb2-3jtcEYq2SM3fDo2kBknSNU7xD9nqmt2FjtRDSScRWnhnT0ng0-VRc0boxosEJiDQRek6uZnbU1Hvb-tGMsMq-yfBYY19SXnHpIeVQlnG-X611mOOZ1WmTY5hCbXGD6wSt__8T4Kvk]
From: New York State Department of Labor
Please see attached
Thank you
Marlene McNeal
Legal Assistant 1
New York State Department of Labor | Counsel's Office
Harriman State Office Campus
Building 12, Room 509, Albany NY 12240
O: 518-485-2191 | Fax: 518-485-1819 | marlene.mcneal@labor.ny.gov<mailto:marlene.mcneal@labor.ny.gov>
Facebook<https://www.facebook.com/nyslabor> | Twitter<https://twitter.com/NYSLabor> | YouTube<https://www.youtube.com/user/NYSLabor> | Linkedin<https://www.linkedin.com/company/new-york-state-department-of-labor>
[YOUR DOL Email Tag]<https://www.labor.ny.gov/home/>
-
image001
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on Aug. 31, 2020. You had previously indicated that it would be completed on Oct. 2, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FL-20-0524.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Department of Labor
Good morning,
Please see letter attached sent on October 7th 2020
Thank you
Marlene
From: T. McElwee
To whom it may concern:
This is an appeal of the Records Access Officer's determination on a FOIL request, assigned tracking number FL-20-0524.
To recap the original request: I asked for data submitted by the New York City Police Department through the Log of Work Related Injuries and Illnesses Form, SH-900. The applicable years were from 2016 through the month of August 2019.
I was noticed that " the Department could not identify or locate records based on the information provided. The records sought in a FOIL request must be 'reasonably described.'"
This response is wholly unacceptable, as this data is collected as a routine matter, pursuant to the Commissioner of Labor’s Rules and Regulations Part 801 (12 NYCRR Part 801). It is my understanding that this data is mandated to be retained for at least 5 years.
While I understand that there are issues with the release of individual records, however, FOIL states that records that are "statistical tabulations" are releasable. To the degree that names and personally identifiable information may be stripped, I believe my request is reasonable.
Attached to this message, please find a sample printout of SH-900, as well as a copy of the Commissioner's Rules and Regulations Part 801.
-T. McElwee
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