Subpart C
Components must charge fees for FOIA requests following this section and the OMB Guidelines. Under 70.40(a), components may contact a requester to resolve fee issues, must perform searches, reviews, and duplications in the most efficient and least expensive way, and ordinarily will collect fees before sending copies.
There are three types of costs that can be charged for producing records: search costs, duplication costs, and review costs. This is set out in 70.40(b) and its subsections 70.40(b)(1), 70.40(b)(2), and 70.40(b)(3).
OSHA divides requesters into four categories: commercial use requesters, educational and non-commercial scientific institutions, representatives of the news media, and all other requesters. See 70.40(c) and the specific types in 70.40(c)(1)(i)–(iv).
Commercial use requesters may be charged search, duplication, and review costs in full. The rule is stated at 70.40(d)(1).
Educational and non-commercial scientific institutions are charged only duplication costs, and the first 100 pages of duplication are provided without charge. See 70.40(d)(2).
Representatives of the news media are charged only duplication costs, and the first 100 pages of duplication are provided without charge. This requirement is at 70.40(d)(3).
'All other' requesters are charged search and duplication costs, but the first 100 pages of duplication and the first two hours of search time are free; also a two-hour monetary equivalent is deducted for computer searches. See 70.40(d)(4).
Search time is charged at $5.00 per quarter hour for clerical employees and $10.00 per quarter hour for professional or supervisory personnel. See the rate rules in 70.40(e)(1)(i).
For computer searches, requesters are charged the direct costs of conducting the search, except where limited by other provisions in the section. See 70.40(e)(1)(ii) and the broader limits in 70.40(e)(4).
The standard copying charge for black-and-white paper copies is $0.15 per page, which includes operator time. See 70.40(e)(2).
Review costs are charged at $5.00 per quarter hour for clerical reviewers and $10.00 per quarter hour for professional or supervisory reviewers, and are generally assessed only the first time records are reviewed to apply exemptions; additional review fees may apply if exemptions previously applied are later found inapplicable and records are re-reviewed at appeal. See 70.40(e)(3).
If OSHA misses the deadline but provided timely written notice of unusual circumstances as defined in 70.25(c) and used the allowed extra 10 days, it may charge fees during that 10‑day extension, but after that extension expires it generally may not assess search fees or, in some requester categories, duplication fees (subject to the limits in 70.40(e)(4)).
When unusual circumstances exist and more than 5,000 pages are needed, OSHA may continue to charge assessable fees while processing the request provided it gave timely written notice and discussed (or made good-faith attempts to discuss) with the requester how to limit the request. See 70.40(e)(4)(ii).
If a court finds exceptional circumstances under FOIA, OSHA's failure to meet statutory time limits is excused for the period specified by the court, and fees may be handled consistent with that order. See 70.40(e)(4)(iii).
OSHA may aggregate requests that it reasonably believes were divided to avoid fees, especially when multiple requests are made within a 30‑day period, and it will not aggregate unrelated requests. See the aggregation rules at 70.40(f), 70.40(f)(1), and 70.40(f)(2).
Interest on unpaid FOIA bills begins on the 31st day after the bill date and accrues until payment at the rate provided in 31 U.S.C. 3717. See 70.40(g).
OSHA will not charge postage for mailing a single copy of the requested records by regular mail or for additional copies when total postage is $5.00 or less; if postage exceeds $5.00 (or the requester requests an expensive method of transmittal), the transmittal cost will be added. See 70.40(e)(5).
OSHA charges $10.00 for each certification of a true copy when certification is requested. See 70.40(h)(1)(i).
OSHA charges $10.00 for each attestation under the seal of the Department of Labor when this service is provided. See 70.40(h)(1)(ii).
Any officer(s) of the Department of Labor designated as authentication officer(s) are authorized to sign and issue attestations under the Department seal. See 70.40(h)(2).
No — a requester will not be charged for review at the administrative appeal level to re-evaluate exemptions already applied the first time; however, if a withheld exemption is later found not to apply and the record is re-reviewed to consider other exemptions, those additional review costs can be charged. See 70.40(e)(3).