States of America
June 27, 2001
to the Office of Management and Budget's memorandum of April 3, 2001 with
regard to the inventory of commercial activities performed by Federal
employees, the Review Commission provided the following information by
letter to OMB. The inventory is required by the "Federal Activities
Inventory Reform Act of 1998," P.L. 105-270 (the FAIR Act).
The Occupational Safety and Health Review Commission (Review
Commission) is an independent, adjudicatory agency created by the Occupational
Safety and Health Act of 1970. Its mission and functions are inherently
governmental: to provide an impartial forum for the just and prompt adjudication
of workplace safety and health disputes involving the Department of Labor,
employers and employees, and/or their representatives under the Occupational
Safety and Health Act of 1970.
Currently, the Review Commission staff consists of 74
FTEs comprised mainly of administrative law judges, presidentially appointed
commissioners and attorneys. The administrative law judges hear and adjudicate
cases brought to the Agency. The presidentially-appointed commissioners
selectively review cases decided by the judges. Attorneys support this
judicial activity through their research. The activities performed by
these employees are inherently governmental in nature as they involve
sensitive and confidential information used to make legal policy decisions
inherent in the adjudication of disputes.
Additionally, we have managerial, public affairs, information
technology, administrative and financial personnel who perform managerial
and support services for the Review Commission. These employees are involved
in policy decisions and determinations and have access to confidential
information with respect to the decisional process of the Commission.
Commercial Activities Contracted Out
I would like to note that many of the functions identified
by OMB as lending themselves to commercial activity have already been
commercialized. The services that we contract for involve: