FOIA records preservation

Under 2201.12, OSHRC must preserve all correspondence pertaining to FOIA requests and copies of all requested records.

• "All correspondence" includes any communications (written or electronic) related to the request.
• "Copies of all requested records" means any record produced in response to the request or specifically sought by the requester.

See the preservation requirement at 2201.12 for the exact language.

Under 2201.12, OSHRC must preserve the records until disposition or destruction is authorized pursuant to title 44 of the United States Code or the applicable General Records Schedule of the National Archives and Records Administration (NARA).

• Records cannot be disposed of while they are the subject of a pending FOIA request, appeal, or lawsuit.
• Follow NARA schedules and title 44 guidance to determine authorized disposal timing.

Under 2201.12, OSHRC may only destroy FOIA-related records once disposition or destruction is authorized under title 44 or the applicable NARA General Records Schedule.

• Completion of administrative processing alone does not automatically authorize destruction.
• Records must also not be the subject of any pending FOIA request, appeal, or lawsuit before disposal.

Under 2201.12, the preservation requirement covers all correspondence and copies of requested records regardless of format, which includes electronic records such as emails and digital files.

• Treat electronic communications the same as paper correspondence for preservation and retention decisions.
• Follow applicable NARA guidance and title 44 schedules for electronic records disposition.

Under 2201.12, the preservation requirement applies to the Occupational Safety and Health Review Commission (OSHRC).

• The regulation text specifically states that "OSHRC shall preserve..." and therefore applies to OSHRC records and personnel handling FOIA matters.
• For the broader part context, see 2201.

Under 2201.12, it means OSHRC must retain any records that are involved in an ongoing FOIA request process, an administrative appeal of a FOIA decision, or litigation challenging FOIA handling until that matter is finally resolved.

• "Pending" covers the period during which the request, appeal, or lawsuit remains unresolved.
• If there is uncertainty about whether a matter is still "pending," consult legal counsel or the agency FOIA officer before destroying records.

Under 2201.12, destruction or disposition must be authorized pursuant to title 44 of the United States Code or the applicable General Records Schedule issued by the National Archives and Records Administration (NARA).

• In practice, authorization typically comes through compliance with NARA-approved records schedules or specific disposition authority under title 44.
• OSHRC personnel should confirm applicable GRS entries or NARA guidance before any destruction.

Under 2201.12, OSHRC must preserve copies of all requested records, which includes copies of records that are released under FOIA.

• Keeping copies supports administrative tracking, possible appeals or litigation, and compliance with retention schedules.
• These preserved copies remain subject to the same disposition rules under title 44 and NARA schedules.

Under 2201.12, "all correspondence pertaining to FOIA requests" includes internal emails and other internal communications related to the request, including draft responses that pertain to processing or decisions.

• Internal notes that meaningfully relate to the handling, decision, or exemption claims should be preserved.
• Consult NARA schedules to determine whether particular drafts or duplicative copies qualify for destruction at a later authorized time.

Under 2201.12, accidental destruction of FOIA-related records is inconsistent with the preservation requirement and should be promptly reported to the agency FOIA officer and legal counsel.

• Preserve any remaining backups or related records immediately.
• Document the loss, when it occurred, and what was lost; coordinate with legal counsel about notification obligations and corrective steps.

Under 2201.12, OSHRC must preserve copies of all requested records regardless of whether they are ultimately released or withheld as exempt.

• Preservation continues until authorized disposition under title 44 or applicable NARA schedules, and records may not be destroyed while subject to a pending FOIA request, appeal, or lawsuit.

Under 2201.12, the requirement focuses on correspondence pertaining to FOIA requests and copies of all requested records; therefore, records created in the course of responding to a FOIA request (for example, search results or compilations created to satisfy the request) should be preserved.

• Any materials generated in direct response to the request are reasonably considered "copies of requested records" and should be retained until authorized disposition.

Under 2201.12, even if a FOIA requester withdraws a request, OSHRC must still follow disposition rules under title 44 and the applicable NARA General Records Schedule before destroying records.

• Withdrawal of a request does not itself authorize immediate destruction.
• Records should be retained until authorized disposition and not destroyed if they are the subject of any pending appeal or lawsuit.

Under 2201.12, OSHRC must preserve FOIA correspondence and requested records until disposition or destruction is authorized by title 44 or the applicable NARA General Records Schedule (GRS).

• Identify the applicable GRS entries for the types of records involved.
• Do not destroy records until the GRS or other NARA-authorized disposition authority permits it.
• When in doubt, consult the agency records officer or NARA guidance before disposing of FOIA-related records.