2017 FOIA logs: Labor (Occupational Safety and Health Administration)

Emma Best filed this request with the Occupational Safety and Health Administration of the United States of America.

It is a clone of this request.

Tracking #

848296

Status
Completed

Communications

From: Emma Best

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Copies of OSHA's FOIA request log covering 2017, which includes a field showing the subject of each request and a field for the final disposition. Under the terms of the E-FOIA Amendments of 1996, Section 5, if a document exists in electronic format, it must be released in that format upon request.

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross-section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived.

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 20 business days, as the statute requires.

Sincerely,

Emma Best

From: Occupational Safety and Health Administration

Good morning Ms. Best,

OSHA has received your request under the Freedom of Information Act for a copy of a FOIA request log for calendar year 2017. Your request has been assigned number 848296.

Our access to the Department of Labor's FOIA tracking program, SIMS-FOIA, does not allow OSHA to create a log such as the one you requested. As such, we have requested our information support services to program a request to generate the record you seek. We do not have a timeline for when our request to IT will be completed at this time.

Please feel free to call me with any questions.

Chris

Christopher Durso, Esq.
U.S. Department of Labor
National Office FOIA Coordinator
Occupational Safety and Health Administration
200 Constitution Ave., N.W.
Rm N-3647
Washington, DC 20210
202/693-2009

This message may contain information that is privileged or otherwise exempt from disclosure under applicable law. Do not disclose without consulting with the Occupational Safety and Health Administration. If you think you received this-email in error, please notify the sender immediately.

From: Occupational Safety and Health Administration

Good morning Ms. Best,

Please find attached OSHA's response to your January 7, 2018, request under the Freedom of Information Act.

Chris

Christopher Durso, Esq.
U.S. Department of Labor
National Office FOIA Coordinator
Occupational Safety and Health Administration
200 Constitution Ave., N.W.
Rm N-3647
Washington, DC 20210
202/693-2009

This message may contain information that is privileged or otherwise exempt from disclosure under applicable law. Do not disclose without consulting with the Occupational Safety and Health Administration. If you think you received this-email in error, please notify the sender immediately.

From: Emma Best

Could you please send the original spreadsheet? The version sent in PDF is mangled, and it's impossible to line up the subject line with the request number, disposition, etc.

From: Occupational Safety and Health Administration

Good morning Ms. Best,

Please find attached a revised pdf of OSHA’s FOIA data for CY 2017 to early January 2018. Feel free to call me with any questions.

Chris

Christopher Durso, Esq.
U.S. Department of Labor
National Office FOIA Coordinator
Occupational Safety and Health Administration
200 Constitution Ave., N.W.
Rm N-3647
Washington, DC 20210
202/693-2009

This message may contain information that is privileged or otherwise exempt from disclosure under applicable law. Do not disclose without consulting with the Occupational Safety and Health Administration. If you think you received this-email in error, please notify the sender immediately.

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