United States of America
1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-3419

Office of Financial
and Administrative Services

Phone: (202) 606-5390
Fax: (202) 606-5050

June 27, 2001


In response 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:

  • Court reporters
  • Personnel and payroll functions performed by the National Finance Center
  • Website development performed by the Government Printing Office
  • Equipment repair
  • Equipment maintenance
  • Training and education
  • Renovations
  • Preventive health services
  • Auditing
  • Library services
  • Special Information Technology system design

Processes and Challenges

In FY 2001, OSHRC reviewed the activities performed by staff and the OMB guidance to determine if any activities performed by our employees should be included in the inventory of commercial activities. A similar process was followed in FY 1999 and FY 2000.

As the need to contract out for services emerges, the Review Commission follows a competitive process. All procurement actions, including actions for services, are in accord with the Federal Acquisition Regulations.

The Review Commission has received no questions or challenges regarding our activities under the FAIR Act.

Any questions concerning commercial activities within the Review Commission should be directed to the undersigned, who may be reached at 202-606-5390.



Ledia Esther Bernal
Director, Office of Financial and Administrative Services