Occupational Injuries To Workers Holding H-2B & H-2A Visas

Angelo Young filed this request with the Occupational Safety and Health Administration of the United States of America.
Tracking # 789552
Est. Completion None
Status
Fix Required

Communications

From: Angelo Young

To Whom It May Concern:

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

All records pertaining to occupational injury reports related to workers employed in the U.S. under the H-2B and H-2A guest worker visa programs for non-agricultural and agricultural laborers for the years 2005 to 2014

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 fees cannot be waived, 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,

Angelo Young

From: Renee Rincon

Mr. Angelo Young,

I have received your request for injury reports related to workers employed in the U.S under the H-2B and H-2A guest worker visa programs. We do not track this information when conducting safety inspections and have no way of knowing if the employees are working on a VISA program. We can pull up information if you have Either the inspections numbers or Business name. If I can be of further assistance please don't hesitate to contact me by phone or email. I am available M-F 6:30 AM to 3:30 PM.

Thank You,

Renee Dominguez Rincon
[roundturkey]

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
The Industrial Commission of Arizona
Renee Dominguez Rincon
ADOSH Business Manager
800 W. Washington St
Phoenix, AZ 85007
Renee.rincon@azdosh.gov
PHONE: (602)542-1698
FAX: (602)542-1614

From: Streets, April - OSHA

This letter is to acknowledge receipt of your October 1, 2015, Freedom of Information Act (FOIA) request, which was forwarded to the Occupational Safety and Health Administration's (OSHA) Directorate of Enforcement Programs (DEP) for response. Your request has been assigned FOIA tracking number: 789552. Please refer to this number in any future correspondence. We apologize for the delay in responding, due to the high volume of requests received.

You requested "all records pertaining to occupational injury reports related to workers employed in the U.S. under the H-2B and H-2A guest worker visa programs for non-agricultural and agricultural laborers for the years 2005 to 2014."

Potentially responsive records have been located and your response is in progress. However, please note that all FOIA's are sent through clearance, which includes the Office of the Solicitor (SOL) and this may delay processing time.

You will be contacted should any questions or concerns arise in processing your request.
Regards,

April Streets
Occupational Safety and Health Administration
Directorate of Enforcement Programs (DEP)
200 Constitution Ave., NW, N3119
Washington, DC 20210

From: Streets, April - OSHA

Dear Angelo Young:

This is a follow-up response to the February 3, 2016 email acknowledgment of your October 1, 2015, Freedom of Information Act (FOIA) request, which was forwarded to the Occupational Safety and Health Administration's (OSHA) Directorate of Enforcement Programs (DEP) for response. Your request was assigned FOIA tracking number: 789552. Please refer to this number in any future correspondence. We apologize for the delay in responding, due to the high volume of requests received.

You requested "all records pertaining to occupational injury reports related to workers employed in the U.S. under the H-2B and H-2A guest worker visa programs for non-agricultural and agricultural laborers for the years 2005 to 2014."

The attached reports were extracted from the agency's Integrated Management Information System (IMIS) and are responsive to your request. IMIS is available for querying this subject matter and other inspection records here http://www.osha.gov/pls/imis/accidentsearch.html. Please be advised that since the agency has proactively placed this information into the public domain, the provisions of the FOIA do not apply.

Additionally, there may also be information concerning your request in the OSHA Information System (OIS). Querying this system will take additional time and any records located will be subject to Solicitor review, which will further protract processing time. If you wish to have OIS queried, please respond back to this email by no later than February 22, 2016, to avoid administrative closure of your request.

You have a right to appeal this decision with the Solicitor of Labor within 90 days from the date of this letter. The appeal must state, in writing, the grounds for the appeal, including any supporting statements or arguments. The appeal should also include a copy of your initial request and a copy of this letter.

If you appeal, you may mail your appeal to: Solicitor of Labor, U.S. Department of Labor, Room N-2420, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Alternatively, you may email your appeal to foiaappeal@dol.gov<mailto:foiaappeal@dol.gov>, or fax your appeal to (202) 693-5538. The envelope (if mailed), cover email (if emailed), or fax cover sheet (if faxed), and the letter indicating the grounds for appeal, should be clearly marked: "Freedom of Information Act Appeal."
Regards,

April Streets
Occupational Safety and Health Administration
Directorate of Enforcement Programs (DEP)
200 Constitution Ave., NW, N3119
Washington, DC 20210

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