Other rights and services

Under 70.44, no person is entitled to any service or record beyond what the Freedom of Information Act (FOIA) permits.

• This means OSHA will not use Part 70 rules to create new rights to documents or special services that FOIA does not provide.
• If you want a record, you must follow the FOIA procedures and rely on FOIA rights rather than Part 70.

Under 70.44, the subpart does not create any new entitlement to records beyond FOIA.

• The subpart cannot be interpreted as granting additional disclosure rights.
• If you believe a record should be disclosed, evaluate it under FOIA standards rather than assuming Part 70 provides access.

Under 70.44, this subpart does not entitle anyone to services (including copying, searching, or expedited handling) unless FOIA or another law provides them.

• Requests for services must follow applicable FOIA procedures and fee rules, not this subpart.
• If you expect fee waivers, expedited processing, or other special services, you must show eligibility under FOIA provisions.

Under 70.44, this subpart does not provide new remedies or appeals beyond those established under FOIA.

• Any administrative appeals or legal actions must follow FOIA procedures and timelines.
• This subpart cannot be used to create an alternate appeal path against an OSHA disclosure decision.

Under 70.44, requests for confidential business information must be handled according to FOIA and applicable agency procedures; the subpart does not override FOIA protections for CBI.

• FOIA exemptions (such as trade secrets and confidential commercial information) still apply.
• Claiming CBI protections should follow FOIA and OSHA’s guidance—Part 70 does not create new access rights that bypass those protections.

Under 70.44, the subpart does not give contractors or third parties an automatic right to records simply because they need them for safety work; access is determined by FOIA and other applicable rules.

• Needing information for safety does not, by itself, override FOIA exemptions or disclosure limits.
• If immediate access is necessary for safety, requesters should use FOIA paths and explain the urgency to seek expedited processing under FOIA criteria.

Under 70.44, the subpart does not remove or change privacy protections; disclosures remain subject to FOIA and privacy rules.

• Personal privacy exemptions under FOIA still limit disclosure of personnel or medical records.
• The subpart cannot be read to authorize disclosure that FOIA would prohibit.

Under 70.44, a requester cannot rely on this subpart to establish special entitlements beyond FOIA.

• Any claimed special entitlement must come from FOIA, another statute, or regulation—not from this subpart.
• To pursue broader access, seek legal authority outside Part 70 that specifically grants the right.

Under 70.44, nothing in the subpart entitles a requester to free or altered fee treatment unless FOIA or agency fee rules provide it.

• Fee waivers or special fee treatment must be approved under FOIA or agency policy.
• The subpart does not create any independent fee exceptions or rights to free services.

Under 70.44, the subpart cannot be used to claim an affirmative right to proactive disclosure beyond what FOIA or other statutes require.

• Proactive disclosure obligations come from FOIA, agency policies, or specific laws—not from this subpart.
• If proactive disclosure is desired, review FOIA requirements and OSHA’s public disclosure policies for applicable duties.

Under 70.44, determinations about disclosing records are made under FOIA and any other controlling statutes or agency rules—not by Part 70 itself.

• OSHA will apply FOIA exemptions, statutory protections, and agency policies to decide disclosure.
• If you need clarity on a specific disclosure decision, follow FOIA administrative appeal procedures or consult OSHA’s FOIA office.