FOIA presumption of openness

Anyone may submit a written FOIA request; 70.3 presumes openness and requires that agency records be made promptly available to any person submitting a written request.

• The regulation uses the term “any person,” so requests are not limited by citizenship or affiliation.
• Requests must follow the written-request procedures in Part 70 (see Part 70 general information).

Under 70.3, agency records are presumed open and must be made promptly available unless a statutory exemption or law enforcement exclusion applies; see the FOIA presumption in 70.3.

• The Department will withhold records only when it reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or is prohibited by law.
• If full disclosure isn’t possible, the agency must consider partial disclosure and release nonexempt portions.

OSHA may withhold records when they fall under one or more FOIA exemptions in 5 U.S.C. 552(b), the law enforcement exclusions in 5 U.S.C. 552(c), when disclosure is prohibited by law, or when the Department reasonably foresees that disclosure would harm an interest protected by an exemption, as described in 70.3.

• The agency must be able to point to a specific exemption or legal prohibition.
• A mere desire for confidentiality is not sufficient; the agency must reasonably foresee harm tied to the exemption.

Under 70.3, "reasonably foresees" means the Department must have a reasonable, fact-based expectation that disclosure would harm an interest protected by a FOIA exemption before withholding records, as explained in 70.3.

• This requires more than speculation: the agency should identify the specific harm and link it to the applicable exemption.
• Agencies should document the basis for their reasonable foreseeability determination in case of administrative or judicial review.

Yes. 70.3 requires OSHA to consider partial disclosure and to take reasonable steps to segregate and release nonexempt material.

• If only parts of a record are exempt, OSHA should redact the exempt portions and release the rest.
• The agency must make a reasonable effort to identify and produce nonexempt portions rather than withholding the entire record.

In practice, 70.3 requires OSHA to separate (segregate) exempt information from nonexempt information and release the nonexempt parts.

• Segregation typically means redacting only the exempt text or data and providing the remaining content.
• The agency should document why any withheld portions are covered by a specific exemption and explain what was released.

Under 70.3, information subject to the law enforcement exclusions in 5 U.S.C. 552(c) may be withheld if the exclusion is applicable, and the Department will treat those records like other FOIA exemptions when deciding disclosure, consistent with 70.3.

• The exclusions apply only when the statutory criteria for the particular exclusion are met.
• The agency must still reasonably foresee harm and document that the exclusion applies to the requested record.

Under 70.3, "promptly available" means the Department will make nonexempt records available without undue delay after receiving a proper written request and completing any necessary review, as required by 70.3.

• The exact timing depends on the complexity of the request and applicable processing procedures in Part 70 (see Part 70 general information).
• If the request requires redaction, consultation, or searching numerous records, those steps may reasonably extend the response time, but agencies should still act promptly.

Yes. 70.3 says the Department will withhold records when disclosure is prohibited by law.

• "Prohibited by law" refers to statutes or legal rules that bar disclosure of certain information regardless of FOIA exemption analysis.
• The agency should cite the controlling statute or legal authority when withholding records on this basis.

No. 70.3 establishes a presumption of openness but explicitly excludes records that are exempt under 5 U.S.C. 552(b) or covered by the law enforcement exclusions in 5 U.S.C. 552(c), and records whose disclosure is prohibited by law.

• The presumption means release is the default, but exemptions and legal prohibitions create valid exceptions.
• When exemptions apply, the Department must reasonably foresee harm and consider partial releases.

70.3 states that the Department proactively identifies and discloses records of public interest as set forth in 70.4, which helps reduce the need for individual FOIA requests by making commonly requested information available without a request.

• Proactive disclosure can speed access to information and reduce processing burdens.
• Requesters should check the agency’s published materials and FOIA reading rooms before submitting a written request (see Part 70 general information).

Under 70.3, a proper FOIA request must be a written request submitted in accordance with the procedures of Part 70, and once properly submitted the Department will make nonexempt records promptly available, per 70.3.

• While 70.3 does not list the form details, requesters should follow Part 70’s filing instructions (see Part 70 general information)—typically a clear description of the records sought and contact information.
• If available, check the agency FOIA page for submission addresses and any electronic submission options.

When OSHA withholds or redacts records, it must have a reasonable foreseeability basis tied to a specific FOIA exemption or legal prohibition and should document that rationale consistent with 70.3.

• Documentation should identify the exemption(s) relied on and explain the harm reasonably foreseen by disclosure.
• Agencies typically provide a written explanation to the requester describing what was withheld, the exemption cited, and the reason for withholding.

No. 70.3 requires the Department to consider partial disclosure and take reasonable steps to segregate and release nonexempt material; refusal to segregate without reasonable cause is inconsistent with the regulation.

• If segregable, the agency should redact exempt passages and release the rest.
• If segregation is technically impracticable or would destroy the meaning of a record, the agency should explain that limitation.