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OSHA 70.53

Public access to OLMS records

Subpart D

14 Questions & Answers

Questions & Answers

Under 70.53(a), what documents held by the Office of Labor-Management Standards (OLMS) are public information?

Under 70.53(a), data and information contained in certain reports and filings are public information available for inspection and copying.

  • This includes data and information in reports filed under sections 201, 202, 203, 211 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). See 70.53(a)(1).
  • It also includes data and information in reports filed under the reporting requirements of 29 CFR part 458, implemented at 458.3, which cover Civil Service Reform Act and Foreign Service Act reporting.
  • Additionally, it covers data and information from reports filed under the Congressional Accountability Act of 1995. See 70.53(a)(2)–(3).

Under 70.53(b), where can I inspect or buy copies of the public OLMS documents?

Under 70.53(b), the primary place to inspect or purchase copies is the OLMS Public Disclosure Room at the U.S. Department of Labor, N-1519, 200 Constitution Avenue NW., Washington, DC 20210.

  • The rule states reports filed under section 201 of the LMRDA and reports required by 29 CFR 458.3 for the year 2000 and thereafter are also available electronically as noted in the regulation. See 70.53(b).

Does 70.53(c) set a per-page charge for copies, and are fee waivers in Subpart C overridden?

Yes. 70.53(c) sets a per-page charge of $0.15 for record copies furnished and states that the provisions for fees, fee waivers, and fee reductions in subpart C do not supersede this charge.

  • Authentication of copies is available under the fee schedule in 70.40. See 70.53(c).

Under 70.53(c), where do I find the fee schedule for authentication of copies?

Under 70.53(c), authentication of copies is available according to the fee schedule in 70.40.

  • Refer to 70.40 for details on authentication fees and related procedures cited by 70.53(c).

If I represent a State agency and the Governor requests OLMS reports for businesses headquartered in that State, does 70.53(d) allow free copies?

Yes. 70.53(d) requires OLMS to make requested copies available without charge to the State agency designated by the Governor for reports filed by persons whose principal place of business or headquarters is in that State.

  • Alternatively, OLMS may require the filer to provide the copies directly to the designated State agency, per 70.53(d)(1)–(2).

Under 70.53(d), can OLMS require the filer to provide copies directly to the State agency instead of OLMS supplying them?

Yes. 70.53(d)(2) explicitly allows OLMS to require the person who filed the reports to furnish copies or information directly to the State agency designated by the Governor.

  • This is an alternative to OLMS itself providing copies without charge under 70.53(d)(1).

Are reports required under 29 CFR part 458 specifically included as public records under 70.53(a) and where is the implementing requirement located?

Yes. 70.53(a)(2) expressly includes data and information in reports filed pursuant to the reporting requirements of 29 CFR part 458, with the specific implementing requirement found at 458.3.

  • Use 458.3 to identify which reports trigger the public-disclosure requirement referenced in 70.53(a).

Does 70.53 apply to documents filed under the Congressional Accountability Act of 1995?

Yes. 70.53(a)(3) includes data and information contained in any report or other document filed pursuant to the Congressional Accountability Act of 1995 as public information available for inspection and copying.

  • See 70.53(a) for the full list of covered statutes and filings.

If I want electronic access to OLMS reports filed under section 201 of the LMRDA for recent years, where does 70.53(b) direct me?

70.53(b) directs users to the OLMS Public Disclosure Room for inspection and copying and notes that reports filed pursuant to section 201 of the LMRDA for the year 2000 and thereafter are also available electronically as provided in the regulation.

Under 70.53, what does 'data and information contained in any report' mean for public access—are whole reports public or only certain fields?

Under 70.53(a), the regulation makes the data and information contained in the listed reports public, which generally means the content of the filed reports is available for inspection and copying.

  • The rule does not carve out specific fields as private; instead it lists categories of reports whose contents are public (for example, LMRDA sections and reports under 29 CFR part 458). For precise scope or limited exemptions, consult the particular statute or implementing regulation such as 458.3 or other applicable law.

Where can I find the official part and subpart titles that describe OLMS public records requirements?

The official part and subpart titles are in Part 70 and specifically Subpart D, "Public Records and Filings," which contains 70.53 governing OLMS public information.

  • See Part 70 for the broader context and Subpart D for the public disclosure rules, including 70.53.

If a union or person filed reports before the year 2000, are those reports available online per 70.53(b)?

No. 70.53(b) specifies that reports filed pursuant to section 201 of the LMRDA and reports required by 29 CFR 458.3 for the year 2000 and thereafter are available electronically; it does not state that pre-2000 reports are available online.

  • Pre-2000 reports remain available through the OLMS Public Disclosure Room as outlined in 70.53(b).

Under 70.53, can I request copies for commercial use and will I be charged the same per-page fee?

Yes; 70.53(c) provides that documents listed in paragraph (a) are available at a charge based on the cost of the service and specifies a charge of $0.15 per page for record copies furnished.

  • The regulation also notes that fee waivers and reductions in subpart C do not supersede this charge, so commercial requests would be subject to the per-page fee in 70.53(c).

If I need an authenticated copy of an OLMS report, which sections should I consult under Part 70?

You should consult 70.53(c), which states authentication of copies is available, and the fee schedule in 70.40 for authentication fees.

  • Together, 70.53(c) and 70.40 explain availability and costs for authenticated copies.