FOIA procedures overview

This part covers only records and information that belong to the Occupational Safety and Health Review Commission (Commission) or are in the Commission’s custody. The rule is stated clearly in 2201.1.

• This means requests for Commission-held files, minutes, correspondence, or other Commission-owned materials are handled under these FOIA procedures.
• Records not in the Commission’s custody are outside the scope and must be requested from the agency that holds them.

No. This FOIA part does not affect discovery in adversary proceedings before the Commission. The provision states that discovery is governed separately by the Commission’s Rules of Procedure. See 2201.1.

• Use the Commission’s Rules of Procedure (29 CFR part 2200, subpart D) for subpoenas, interrogatories, document production, and other discovery in cases before the Commission.
• FOIA is for public access to Commission records, not a substitute for case discovery.

You should contact the federal agency that actually holds the records; this FOIA part applies only to Commission records or records in the Commission’s custody. The scope is spelled out in 2201.1.

• If an item relates to a case before the Commission but is physically held by OSHA or another agency, that agency’s FOIA office handles the request.
• The Commission’s FOIA procedures do not apply to records outside its custody.

Yes. The part applies to records or information of the Commission or in the Commission’s custody regardless of format (paper, electronic, audio, etc.). That scope is described in 2201.1.

• FOIA covers all tangible and intangible records in the Commission’s custody unless an applicable FOIA exemption applies.

No. Parties should not use FOIA as a substitute for Commission discovery because the FOIA part does not affect discovery in adversary proceedings, which is governed by the Commission’s Rules of Procedure. See 2201.1.

• If you need documents for litigation before the Commission, follow 29 CFR part 2200, subpart D for discovery requests.
• FOIA is intended for public access to Commission records, not to replace procedural discovery in a case.

The purpose of this part is to set out procedures to obtain information and records of the Commission under the Freedom of Information Act (FOIA). This is stated in 2201.1.

• The procedures apply only to Commission records or records in its custody.
• They do not alter the Commission’s separate procedural rules for litigation or discovery.

Section 2201.1 defines the scope as records or information of the Commission or in its custody but does not itself list exemptions or carve-outs for particular types of records. The general scope is described in 2201.1.

• Whether internal deliberative materials are released depends on FOIA exemptions and the Commission’s processing rules, not the scope statement alone.
• For details about exemptions and withholdings, consult the Commission’s FOIA procedures elsewhere in Part 2201 and the FOIA statute.

Yes. If the record is in the Commission’s custody, this part applies regardless of where the record originated, because the regulation covers records or information of the Commission or in its custody. See 2201.1.

• The Commission would process the FOIA request for that record since it is in their custody.
• If you believe another agency is the proper custodian, you should verify which agency holds the document before filing.

No. Section 2201.1 states that the part prescribes procedures to obtain Commission records under the Freedom of Information Act; it does not grant rights beyond those in FOIA itself. See 2201.1.

• The part implements procedures for handling FOIA requests for Commission records.
• The availability of records remains subject to FOIA’s exemptions and judicial interpretations of the statute.

Not necessarily; 2201.1 applies specifically to Commission records and prescribes the Commission’s procedures under FOIA, which can differ from other agencies’ procedures. The scope statement appears in 2201.1.

• Each federal agency issues its own FOIA procedures to implement the statute for records it holds.
• If you need records from OSHA or another agency, you must follow that agency’s FOIA process.

The procedures are implemented under the Freedom of Information Act, 5 U.S.C. 552, as stated in the scope of the part; see 2201.1.

• The part explains how the Commission applies FOIA to its records and custody.
• FOIA’s text and federal case law remain the controlling legal authority for access issues.

The section does not change litigation or discovery schedules; FOIA processing under this part is separate from adversary proceedings, which are governed by the Commission’s Rules of Procedure. See 2201.1.

• FOIA requests typically follow administrative processing timelines set by the Commission’s FOIA regulations and the FOIA statute.
• If you need records for active litigation, use the Commission’s discovery procedures (29 CFR part 2200, subpart D) rather than FOIA to ensure timely production for the case.