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OSHA 2201AppA

FOIA fee schedule

15 Questions & Answers

Questions & Answers

Under Appendix A to Part 2201, what is the fee threshold below which FOIA fees will not be assessed?

The threshold amount is $10, so requesters will not be charged fees for a request whose total comes to less than $10. See the Schedule of Fees in 2201AppA for the listed Threshold Amount.

Under 2201AppA, what are the hourly rates for search and review for clerical, professional, and managerial staff?

The rates are $23 per hour for clerical (GS-9 and below), $46 per hour for professional (GS-10 through GS-14), and $76 per hour for managerial (GS-15 and above). These rates are listed in the Schedule of Fees in 2201AppA.

Under Appendix A to Part 2201, what is the duplication cost per page and the computer printout copying fee?

Duplication costs are $0.25 per page, and the computer printout copying fee is $0.40 per page. These amounts are specified in the Schedule of Fees in 2201AppA.

Under 2201AppA, what are the rules and cap for searches of computerized records?

Searches of computerized records are charged at the actual cost to the Commission but shall not exceed $300 per hour, and that cost can include machine time and the cost of the operator and clerical personnel. This limitation is described in the Schedule of Fees in 2201AppA.

Under Appendix A to Part 2201, what is the certification fee for an authenticating affidavit or declaration?

The certification fee is $35 per authenticating affidavit or declaration. The Schedule of Fees in 2201AppA lists this certification fee and notes that search and review charges may also apply.

Under 2201AppA, can search and review charges be assessed in addition to the certification fee?

Yes — the schedule explicitly states that search and review charges may be assessed in accordance with the hourly rates listed, in addition to the $35 certification fee. See the Schedule of Fees in 2201AppA.

Under Appendix A to Part 2201, how would you calculate fees for a request that requires 2 hours of clerical search, 1 hour of professional review, and 50 pages of duplication?

The total fee would be calculated by adding the hourly charges and the per-page duplication cost. Using the rates in the Schedule of Fees in 2201AppA:

  • Clerical: 2 hours × $23 = $46
  • Professional: 1 hour × $46 = $46
  • Duplication: 50 pages × $0.25 = $12.50

Total = $46 + $46 + $12.50 = $104.50 (above the $10 threshold, so the requester would be charged).

Under 2201AppA, if a FOIA request's estimated fee comes to $8, will the requester be charged?

No — because the Threshold Amount is $10, fees below $10 are not assessed and the requester would not be charged for an $8 estimate. The Threshold Amount is specified in the Schedule of Fees in 2201AppA.

Under Appendix A to Part 2201, what wage rate applies if a GS-11 employee performs the search or review work?

A GS-11 employee falls within the professional category (GS-10 through GS-14), so the applicable rate is $46 per hour. This classification and rate are given in the Schedule of Fees in 2201AppA.

Under 2201AppA, what rate applies when a GS-15 or higher manager's time is used for FOIA search or review?

Managerial time for GS-15 and above is charged at $76 per hour according to the Schedule of Fees in 2201AppA.

Under Appendix A to Part 2201, can the cost for computerized searches include operator and clerical personnel time?

Yes — the schedule explicitly allows the cost for computerized searches to include machine time and the cost of the operator and clerical personnel, subject to the $300 per hour cap. See the computerized-search language in the Schedule of Fees in 2201AppA.

Under 2201AppA, when a request requires both computer printouts and standard paper copies, how are fees applied?

Fees are applied according to the type of copying performed: computer printouts are charged at $0.40 per printout and standard duplication is $0.25 per page, so you would charge each item at its respective rate. These amounts are listed in the Schedule of Fees in 2201AppA.

Under Appendix A to Part 2201, does the schedule set a flat fee for searching computerized records?

No — the schedule does not set a single flat fee; it requires charging the actual cost to the Commission for computerized-record searches but caps that charge at $300 per hour and allows inclusion of machine time and personnel costs. See the computerized-search provision in the Schedule of Fees in 2201AppA.

Under 2201AppA, what does the term 'Threshold Amount (Amount below which fees will not be assessed)' mean in practice?

It means the agency will waive fees when the total calculated charges for a request are less than $10; only requests with total fees equal to or exceeding $10 are billed. This is described under the Threshold Amount in the Schedule of Fees in 2201AppA.

Under Appendix A to Part 2201, are search and review charges differentiated by job series and GS level?

Yes — the schedule differentiates charges by broad staff classifications tied to GS levels: clerical (GS-9 and below) at $23/hr, professional (GS-10 through GS-14) at $46/hr, and managerial (GS-15 and above) at $76/hr. These distinctions and rates are shown in the Schedule of Fees in 2201AppA.