States of America
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:
Ledia Esther Bernal
Director, Office of Financial and Administrative Services