Subpart A
No — under 70.5 an agency or component is not required to create a new record in order to respond to a request. Agencies must search for and provide records that already exist, but they are not obligated to produce new compilations or new documents just to satisfy a request. See also Part 70 general provisions for the regulatory context.
Yes — under 70.5 a component must make reasonable efforts to search for records that already exist in electronic form or format, even if they are not in the exact format the requester asked for. The rule recognizes exceptions when those efforts would significantly interfere with the component's automated information systems.
Under 70.5, what counts as "reasonable efforts" is determined on a case-by-case basis by the component handling the request. Factors commonly considered include:
Because the regulation does not list fixed steps, document your decision process for transparency and future review.
Yes — 70.5 allows a component to avoid making the effort to search electronic records when such efforts would significantly interfere with operation of the component's automated information systems. This is an exception to the general obligation to search existing electronic records.
The component handling the request decides whether a search would "significantly interfere," as stated in 70.5. That determination should be made case-by-case and supported by facts about system performance, resource impact, or operational disruption.
No — 70.5 does not require an agency to create new records or convert existing paper records into electronic form simply to respond to a request. The rule requires reasonable efforts to search existing electronic records, but it does not impose an obligation to convert non-electronic records into electronic copies.
No — 70.5 states agencies are not required to create a new record to respond to a request. Creating a new table or compiled summary from raw data would generally be considered creating a new record and therefore is not required. The component should, however, search for and provide existing records or exported files that already exist.
Under 70.5 the component may decline to undertake efforts that would significantly interfere with its automated systems. In practice, the component should explain the limitation to the requester, describe what existing formats are available, and offer reasonable alternatives to provide the responsive records without causing the interference.
The provision in 70.5 is part of Part 70 (Production or Disclosure of Information or Materials) and governs components covered by these regulations; in OSHA's rules it guides how components handle compilation and search obligations under FOIA. Other federal agencies have similar FOIA obligations under 5 U.S.C. 552 and their own regulations, but this specific regulatory text applies within the context of Part 70.
Yes — while 70.5 does not set specific documentation steps, components should document their case-by-case determination (including why efforts would significantly interfere, or why a search was/was not reasonable). Good documentation supports transparency, allows for internal review, and helps respond to appeals or oversight inquiries.
Yes — 70.5 only says agencies are not required to create new records; it does not prohibit them from voluntarily creating or tailoring compilations or formats to assist a requester. If the component chooses to do so, it should ensure the new product complies with privacy, confidentiality, and other legal requirements.
Under 70.5, a component must make reasonable efforts to search existing electronic records, but what steps are reasonable is decided case-by-case. If searching each system would be reasonable and not significantly interfere with operations, the component should search them; if not, the component may limit the scope and should document and explain the decision.