FY 2009 Integrated Budget

OSHRC

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FY 2009 Integrated Budget

Occupational Safety and Health Review Commission

OSHRC

Fiscal Year 2009 Performance Budget and Justification

February 2008

Table of Contents

Fiscal Year 2009 Performance Budget and Justification

Page

I. Introduction -- Mission, Vision, and Strategic Goal

II. Performance Budget Justification by Organizational Function

III. Budget by Object Classification Category

IV. Other Tables

I. Introduction -- Mission,
Vision, and
Strategic Goal

Occupational Safety and Health Review Commission

Our Mission

TThe Occupational Safety and Health Review Commission (OSHRC) is an independent, adjudicatory agency created by the Occupational Safety and Health Act of 1970 (the Act). Our sole statutory mandate is to serve as an administrative court providing fair and expeditious resolution of disputes involving the Occupational Safety and Health Administration (OSHA), employers charged with violations of Federal safety and health standards, and employees and/or their representatives. The Review Commission was created by Congress as an agency completely independent of the Department of Labor to ensure that OSHA’s enforcement actions are carried out in accordance with the law and that all parties are treated consistent with due process when disputes arise with OSHA.

Our Functions and Procedures

Our Rules of Procedure (which mirror the Federal Rules of Civil Procedure) provide two levels of adjudication when an employer contests an OSHA citation for alleged violations of the Act or failure to abate such alleged violations. The first is a trial level, which affords an opportunity for a hearing before a Review Commission Administrative Law Judge. The Judge’s decision becomes final unless the decision is directed for review to the Commission. The second level is a discretionary appellate review of the Judge’s decision by Commission members who are appointed by the President. Both before its judges and the Commissioners, the Review Commission provides fair and impartial adjudication of cases concerning the safety and health of employees’ working conditions in the United States.

Our principal (National) office is located in Washington, D.C. OSHRC also has two regional offices: one in Atlanta, GA, and one in Denver, CO. The regional offices are staffed with Administrative Law Judges who travel, as necessary, to adjudicate cases in locales where the alleged workplace violations took place.

Our Vision

Our vision is simple, direct and performance oriented. We strive to be:

A quasi-judicial body that is – and is recognized for being – objective, fair, prompt, and professional;
An agency that creates a body of law through its decisions that defines and explains the rights and responsibilities of employers and employees under the Occupational Safety and Health Act of 1970;
A model Federal agency with highly effective processes, a highly motivated, qualified and diverse workforce, and modern information management, communications, and administrative systems; and;
An agency that values team work, develops its employees, and strives to improve its performance, service, and value to the American people.

Strategic Goal

OSHRC’s strategic goal is: To ensure fair, just, and expeditious adjudication of disputes brought before the Commission and its Judges. The Review Commission’s current strategic plan covers the period FY 2006 through FY 2011.

II. Performance Budget Justification

Budget Request Summary

TTo continue our mission of adjudicating OSHA-issued workplace safety citations, the Occupational Safety and Health Review Commission requests an appropriation of $11,186,000 to fund essential agency programs and support 67 full-time equivalent (FTE) positions in
FY 2009.

The funding requested would allow us to fulfill our legislative mandate to serve as an administrative court providing fair and prompt resolution of disputes involving the Occupational Safety and Health Administration (OSHA), employers charged with violations of Federal safety and health standards, and employees and/or their representatives. The request supports the goal in the strategic plan to improve service to the public.

Our FY 2009 budget request includes:

$8,536,000 to support direct payroll and related costs for 67 FTE. These costs represent 76 percent of the Review Commission’s appropriation.

$1,473,000 for office space rent, a 12 percent increase over FY 2008.

$407,000 for services provided by other Federal agencies, such as support for financial and administrative services provided by the Bureau of the Public Debt (BPD) and personnel and payroll services provided by the National Finance Center (NFC).

Funds to enable the Review Commission to complete its annual performance plan goals and targets and to further implement the President’s Management Agenda, including the implementation of the E-Gov Act and other initiatives.

The Review Commission hopes to implement a new web-based Case Tracking/Docketing system during fiscal years 2008 and 2009 which will replace the existing 9-year old system. The upgraded system is expected to provide a comprehensive solution that will enable improved document management by capturing the existing paper trail electronically, associating each document with a specific event, and creating a searchable index. In addition, the revised system will provide better reporting options to support management oversight.

Justification by Organizational Unit

The Review Commission has three main offices which function in concert to achieve the agency’s overarching mission:

1. The Administrative Law Judge function;
2. The Commission function;
3. The Office of Administration function.

Each office has staff and resources assigned exclusively to it, but all three work collaboratively to meet or exceed the Review Commission’s strategic goal. This separation of staff between the Administrative Law Judges and Commissioners stems principally from the nature of their functions, which must be apart so that each of these review levels is, both in fact and appearance, independent of the other. The Office of Administration function supports both the Administrative Law Judge and Commission functions and the Agency’s strategic planning efforts.

Funding and staffing by function is as follows:

Funding (in millions) and FTE by Function

	FY 2008 Estimate	FY 2008 Estimate	FY 2009 Estimate	FY 2009 Estimate
	$	FTE	$	FTE
Administrative Law Judge	4.5	25	4.5	25
Commission	4.6	31	5.0	31
Administration	1.6	11	1.7	11
Total	10.7	67	11.2	67

Administrative Law Judge Function

The front line of our agency’s delivery of services to the American public rests with the Administrative Law Judges. Our judges travel around the country to conduct formal hearings and related proceedings in a fair, just and expeditious manner. The function is directly related to the public service goal of fair, just and expeditious adjudication of disputes brought before the Commission and its ALJs.

The Administrative Law Judges report through the Chief Judge to the Chairman. However, they act independently in arriving at case decisions. The Commission’s rules are similar to the Federal rules. In the absence of specific Review Commission rules, the Federal Rules of Civil Procedure are followed. The Commission’s Rules are constructed and administered to secure the just and timely determination of every action.

Proceedings before the Review Commission’s Administrative Law Judges

The events leading to the presentation of an OSHA case before a Review Commission Administrative Law Judge follow an established procedure and are designed to provide all parties with a fair hearing and swift adjudication of their case. To contest all or part of a citation, penalty, or abatement period, an employer must file a notice of contest with the Secretary of Labor within 15 working days from the receipt of the citation proposed by OSHA. The Secretary of Labor transmits the notice of contest and all relevant documents to the Review Commission’s Executive Secretary for filing and docketing. After the case is docketed, it is forwarded to the Office of the Chief Judge for assignment to an Administrative Law Judge. The case is generally assigned to an Administrative Law Judge in the Review Commission office closest to where the alleged violation occurred. Thereafter, the Administrative Law Judge has full responsibility for all pre-hearing and pre-trial procedures, including settlement, and is charged with providing a fair and impartial hearing in an expeditious manner, and rendering a decision promptly.

Administrative Law Judge Operations

Our agency strives to expedite the judicial process in a fair and impartial manner, and to strengthen its settlement procedures and case management responsibilities by constant monitoring of its Simplified Proceedings and Mandatory Settlement programs. The Administrative Law Judge function addresses a caseload that is becoming increasingly more complex, as reflected by the increasing complexity of OSHA citations.

OSHA conducted 39,324 inspections in FY 2007, an increase of more than 4 percent above the anticipated level, and projects that they will conduct 37,700 inspections in FY 2008 and in FY 2009. OSHA inspections have remained relatively constant, at approximately 39,000 per year since FY 2000. During this time, despite a relatively steady number of inspections, citations resulting from those inspections have risen approximately 9.5 percent. OSHA’s emphasis during recent years has been on more serious workplace hazards, and the consequent increase in proposed penalties has translated into more complicated cases and more costly trials (cases involving lock-out/tag-out, confined spaces, health care hazards, asbestos, lead poisoning, process safety, and construction industry hazards, etc.). These cases command a greater portion of the judges’ time. We believe this trend will continue into FY 2009.

The complexity of these cases is the result of the existence of one or a combination of the following:

Intricacies of the law (complex questions of law)
Volume of documents, including transcripts
Large number of witnesses (including expert witnesses in such fields as engineering, architecture, construction, soil, physics, epidemiology, pathology, neurology and infectious diseases)
Number of alleged violations, items, and affirmative defenses (including distinct and separate items)
Technical, novel, difficult or new issues raised
Types of cases, such as those involving asbestos, lead poisoning, ergonomics, and process safety management and/or confined spaces

Case processing is expedited by moving a greater numbers of cases into the Mandatory Settlement and Simplified Proceedings programs, an innovative methodology to speed the adjudication or settlement of pending cases.

Under Commission Rule 2200.120, where the parties consent thereto, the Chief Administrative Judge may assign a Settlement Judge to a pending proceeding to aid the parties in disposing of cases. Where the aggregate amount of the penalty sought by the Secretary of Labor is $100,000 or greater, the Mandatory Settlement procedure goes into effect. The Settlement Judge appointed by the Chief Administrative Judge has full control of the proceeding and may require that the parties’ representatives be accompanied by officials having full settlement authority. This procedure has aided the Commission in disposing of some extremely complex cases, with the approval of all parties.

The Simplified Proceedings process has been expanded to include cases where proposed penalties are not more than $20,000, and up to $30,000, when found eligible by the Chief Judge. The Simplified Proceedings process allows parties with relatively simple cases to have their “day in court” unencumbered by the formal Rules of Procedure and evidence, while ensuring that due process requirements will be maintained. Under this process, a business, with or without counsel, can present its case before a Review Commission judge and receive a prompt decision. Most paperwork, including legal filings, has been eliminated so that justice can be rendered swiftly and inexpensively. The process reduces the time and legal expenses to employers contesting relatively small penalty cases.

In FY 2007, 55 percent of new cases were assigned to Simplified Proceedings. The Review Commission projects that at least 50 percent of new cases will be assigned to the Simplified Proceedings process in FY 2008 and FY 2009.

Simplified Proceedings Case Activity

FY 2004 through FY 2009

	FY 2004 Actual	FY 2005 Actual	FY 2006 Actual	FY 2007 Actual	FY 2008 Estimate	FY 2009 Estimate
New Cases	2,230	2,202	2,002	1,998	2,200	2,200
Cases assigned to Simplified Proceedings	1,119	1,217	1,063	1,104	1,100	1,100

Anticipated Administrative Law Judge (ALJ) Workload for FY 2009

Three major factors have an impact on the ALJs’ workload: (1) the quantity, magnitude, and nature of the cases; (2) the success of the Simplified Proceedings and Mandatory Settlement processes; and (3) the number of trials held, and their length and complexity.

OSHA projects it will conduct 37,700 inspections in each of the coming fiscal years – FY 2008 and FY 2009. The number of OSHA inspections and their focus affects the Review Commission’s caseload on the highest hazard workplaces – especially those with high injury and illness rates, fatalities, repeat offenders, and the most egregious workplace hazards, which frequently results in larger contestable proposed penalties. These inspections tend to result in more complex and contentious cases, which consume extensive time. The discovery process is lengthy and time consuming, motion practice is expanded, legal research and decision-writing time is protracted and, of necessity, the trial process is elongated and complicated.

The following table provides actual Administrative Law Judge caseloads and accomplishments for fiscal years 2004, 2005, 2006 and 2007, and estimated caseloads and accomplishments for fiscal years 2008 and 2009.

	FY 2004 Actual	FY 2005 Actual	FY 2006 Actual	FY 2007 Actual	FY 2008 Estimate	FY 2009 Estimate
OSHA Inspections*:	39,167	38,714	38,579	39,324	37,700	37,700
Administrative Law Judge Workload:
Start of Year, Start of Year	780	761	708	685	625	625
New Cases	2,230	2,202	2,002	1,998	2,200	2,200
Total Caseload	3,010	2,963	2,710	2,683	2,825	2,825
Disposals
(1) With Hearing	94	57	62	60	75	75
(2) Without Hearing	2,155	1,963	1,998	2,125	2,125	2,125
Total Dispositions	2,249	2,255	2,025	2,058	2,200	2,200
Total Case Inventory, End of Year	761	708	685	625	625	625

*Provided by Directorate of Evaluation and Analysis, OSHA

Staffing

The Office of the Administrative Law Judge requires 25 FTE in FY 2009. This staff level is consistent with FY 2008, and includes 12 Administrative Law Judges, staff attorneys and support staff. This staffing level will be needed to support the projected workload, based on OSHA’s planned inspections in the coming years, and meet performance targets, given the number and complexity of the cases anticipated.

The Chief Administrative Law Judge manages the effort to meet the Agency’s GPRA goals at the Administrative Law Judge level.

The Chief Administrative Law Judge:

Reviews and screens all docketed cases, determines the level of complexity and assigns each to an Administrative Law Judge;
Exercises strong management and monitors the progress of cases in order to ensure that performance goals are met;
Supervises judicial and administrative staff, and ensures that they receive appropriate training to perform their responsibilities; and
Examines judicial case management practices of other entities to ensure that OSHRC’s procedures are as efficient as possible.

Funding (in millions) and FTE

	FY 2008 Estimate	FY 2008 Estimate	FY 2009 Estimate	FY 2009 Estimate
	$	FTE	$	FTE
Administrative Law Judge	4.5	25	4.5	25

Public Service Goal and Outcome Goals

The Review Commission’s Strategic Plan for 2006 – 2011 includes the following goals and objectives related to this function:

Public Service Goal	Outcome Goals
To ensure fair, just, and expeditious adjudication of disputes brought before the Review Commission and its Judges	Increase the percent of non-complex cases at the Administrative Law Judge level that are resolved in less than one year
	Increase the percent of complex cases at the Administrative Law Judge level that are resolved within 18 months

The Office of the Administrative Law Judge will advance this strategic goal through the following strategies:

Expeditious assignment of cases to judges;
Use of objective criteria to determine complex cases, and track the processing of these cases;
Monitoring case performance, and improving case management information systems and reports;
Providing training to all judges on a variety of subjects, including technical and legal issues, legal writing, case management and alternative dispute resolution (ADR), to help develop services and processes equal to the very best in judicial practice;
Implementing appropriate changes in the agency’s Rules of Procedure to improve case processing (e.g. Mandatory Settlement Part and Simplified Proceedings), and seeking new ADR methods; and
Continuing to use a team of judges to handle, on a rotational basis, extremely complex cases and assigning appropriate staff to timely process and monitor such cases, including settlement discussions.

To best serve the American people we revised our strategic plan for the period FY 2003 – FY 2008, and again for the period FY 2006 through FY 2011. OSHRC’s Strategic Plan includes the following outcome goals and performance measures for the Office of the Administrative Law Judges; the Plan also sets a FY 2011 target to “dispose of 95% of complex cases within a year.” The targets in the chart below represent interim targets for fiscal years 2004 through 2009.

Outcome Goals	Performance Measures	FY 2004 Actual (Target)	FY 2005 Actual (Target)	FY 2006 Actual (Target)	FY 2007 Actual (Target)	FY 2008 Target	FY 2009 Target
Increase the percent of non-complex cases at the ALJ level that are resolved in less than one year	Percent within 365 days	98% Target Exceeded (93%)	98% Target Exceeded (93%)	99% Target Exceeded (94%)	99% Target Met (99%)	99%	99%
Increase the percent of complex cases at the ALJ level that are resolved within 18 months	Percent within 540 days	98% Target Exceeded (93%)	98% Target Exceeded (93%)	99% Target Exceeded (94%)	97% Target not Met (98%)	98%	98%

Commission Function

OSHRC Commissioners are appointed by the President and confirmed by the Senate, and serve as an appellate level of review. The Commissioners review and decide cases contested under the Occupational Safety and Health Act, following an initial decision by an Administrative Law Judge. This appellate level of review must be prompt, fair, and protective of the parties’ rights. Overall, this is our primary public service goal.

Proceedings before the Commission

Our Commissioners adjudicate contested cases independently from the enforcement and rule-making functions vested in OSHA. Disputed enforcement proceedings are tried initially before the Review Commission’s Administrative Law Judges. The Commission members may then review decisions by the Review Commission’s Administrative Law Judges.

The Occupational Safety and Health Act of 1970 provides for Presidential appointment and Senate confirmation of three Commissioners, each with a six-year term. The Commissioners sit as an appellate review body to review any case decided by the Review Commission’s Administrative Law Judges. Each Commission member has the authority to direct for review by the full Commission any case decided by any Judge. Absent such a direction for review, the decisions of the Administrative Law Judges become final by operation of law. Once a case is directed for review, the Commission members have authority to review all aspects of a case, including the Judge’s findings of fact, conclusions of law, penalty assessments and abatement orders.

Each Commissioner has a counsel who is responsible for providing assistance and advice on all pending matters, including the proper disposition of cases and motions, and whether cases are appropriate for Commission review. Each counsel also aids the Commissioner in researching and editing draft opinions submitted by the General Counsel after the Commission decides a case.

The Office of the General Counsel (OGC) provides legal advice and assists the Commission in complying with the various laws, regulations and executive orders governing its operations. OGC has primary responsibility for preparing and presenting factual and legal analyses to assist Commission members in adjudicating appeals, and may also provide legal advice on FOIA, EEO, procurement, appropriations, Privacy Act and other areas.

Commission Operations

Our Commissioners strive to minimize the time for deciding cases and thus, the number of pending cases. Aided by improved case management technology, the Commission seeks to strengthen the internal processes by which a case is prepared for decision. Three external factors that have a major impact on the operations of the Commission are: the presence of a quorum, the size and complexity of cases, and the novelty of the issues presented for review.

The Commission consists of three Members appointed by the President. The Occupational Safety and Health Act requires a quorum of two Commissioners. Further, by statue, decisions can only be decided on the affirmative vote of two Commissioners. During periods when the Commission lacks a quorum, no cases can be decided. If there are only two Commissioners, it may be more difficult to reach agreement sufficient to dispose of some cases. In cases where such agreement cannot be reached, deadlocks result. As a result, action on important issues and issuance of some pending cases may be delayed.

The Commission began FY 2007 with a full complement of Commissioners, but ended the year with one vacancy (one Commissioner’s term ended on April 27, 2007). Nevertheless, the two remaining Commissioners resolved 13 cases during the remainder of the fiscal year. The President has nominated a new Commissioner who we anticipate will be on board in the near future.

Historically, the number of safety and health inspections carried out by OSHA each year, the nature of those inspections, and the rate at which employers choose to contest the citations issued and penalties proposed by OSHA all have an impact on the number of cases before the Review Commission. In addition, OSHA’s emphasis during recent years on more serious workplace hazards and the consequent increase in proposed penalties has translated into more complicated cases, and longer, more costly trials. Consequently, the complexity and size of the cases both at the Administrative Law Judge and at the Commission levels has increased significantly in recent years.

Anticipated Commission Workload for FY 2009

The Review Commission focuses on solid case production, including deciding and issuing decisions in older cases to maintain and/or reduce case inventory in FY 2009. However, the cases that are going to hearings before the Commission’s ALJs are becoming more complex (e.g., imposition of higher penalties and/or more complex technical issues), which may result in a higher percentage of cases being petitioned for review.

The Commission had 27 pending cases at the beginning of FY 2007. The Commission received 25 new cases and issued 27 decisions by the end of that fiscal year. In FY 2008, we anticipate receiving 25 new cases and issuing 24 decisions, thus leaving an inventory of 26 at the end of the year. For FY 2009, the Commission anticipates receiving 26 new cases and disposing of 26 cases, ending that year with an inventory of 26 cases. Actual dispositions, of course, may be affected if a full Commission is not in place.

Commissioner Case Activity

	FY 2004 Actual	FY 2005 Actual	FY 2006 Actual	FY 2007 Actual	FY 2008 Estimate	FY 2009 Estimate
New Cases:
Cases Directed for Review:	19	20	12	21	21	22
Other New Cases:
Interlocutory Appeals	0	0	0	0	1	1
Remands	4	2	1	4	3	3
Other	0	0	0	0	0	0
Total Other New Cases:	4	2	1	4	4	4
Total New Cases:	23	22	13	25	25	26
Case Inventory from Prior Year:	60	54	40	27	25	26
Total Caseload:	83	76	53	52	50	52
Dispositions:	29	36	26	27	24	26
Case Inventory, End of Year:	54	40	27	25	26	26

Staffing

Our FY 2009 budget requests 31 FTE for the Commission function, including 10 FTE for the three Commissioners and their immediate staff, 16 FTE for the Office of General Counsel, and
5 FTE for the Office of the Executive Secretary.

Funding (in millions) and FTE

	FY 2008 Estimate	FY 2008 Estimate	FY 2009 Estimate	FY 2009 Estimate
	$	FTE	$	FTE
Commission	4.6	31	5.0	31

Public Service Goal and Outcome Goal

The Review Commission’s Strategic Plan (Updated) includes the following goals and objectives related to this function:

Public Service Goal	Outcome Goal
To ensure fair, just, and expeditious adjudication of disputes brought before the Commission and its judges	Reduce the length of time to resolve Commission-level cases

The Commission will advance our strategic goal through the following strategies:

Focusing on the disposition of older cases, with the immediate aim of reducing the existing backlog and the eventual goal that no case will sit for more than nine months on review;
Expediting the disposition of priority cases that require immediate action (e.g., cases that are to be remanded back to the ALJ level, court remands, interlocutory reviews, and Federal Rule 60(b) cases);
Implementing internal markers to assist in the preparation of cases and issuance of Commission decisions;
Accelerating processing of cases through a variety of efforts, including early intervention of the Commissioners’ counsels, computerization of changes to draft decisions and development of strategies to resolve cases when there are only two Commission members;
Expanding the use of teams in the Office of the General Counsel to reduce the time needed to write decisional memoranda and draft decisions;
Developing new methods to shorten case preparation time;
Developing procedures for case processing and decision quality;
Implementing changes to the Agency’s Rules of Procedure to improve case processing;
Making greater use of oral arguments and requests for amicus briefs for complex cases and cases that present significant questions of law; and
Developing case processing measures for employees assigned to cases to ensure individual performance plans support priorities in the Review Commission’s strategic and annual performance plans.

The following performance goals have been developed for fiscal year 2009 to support the
FY 2006 – 2011 Strategic Plan:

Outcome Goals	Performance Measures	FY 2004 Actual (Target)	FY 2005 Actual (Target)	FY 2006 Actual (Target)	FY 2007 Actual (Target)	FY 2008 (Target)	FY 2009 (Target)
Reduce the length of time to resolve Commission-level cases	Percent of cases over 2 years old disposed of at the Commission level	42% (100%)	52% (100%)	22% Target not met (100%)	32% Target not met (100%)	(100%)	(100%)
Reduce the length of time to resolve priority cases	Percent of priority cases disposed of within 6 months	100% Target met (100%)	100% Target met (100%)	100% Target met (100%)	100% Target met (100%)	(100%)	(100%)

Office of Administration Function

The Office of Administration provides administrative support services for the entire Review Commission to assure success in fulfilling our mission.

Administrative Operations

The Office of Administration provides operational management for the agency, including procurement, information technology management, human resources management, information technology management, budget and financial management, and administrative services. The day-to-day tasks of this office are led by the Director of Administration and include:

Supporting the development and implementation of the Agency’s strategic goal;
Maintaining and enhancing a website to provide the public with greater access to Review Commission information;
Providing support agency-wide in the areas of finance, budget, procurement, human resources, equal opportunity and general administrative services;
Providing personnel, payroll, benefits, reproduction, and mail services, and travel assistance to agency employees;
Procuring goods and services, maintenance and needed repairs of equipment, training, reference materials, supplies and office space;
Implementing case management and administrative systems through IT hardware and software;
Developing and maintaining computer systems and information security enhancements; and
Enhancing telecommunications and improving technology efficiency and effectiveness.

Anticipated Office of Administration Workload for FY 2009

During FY 2009, Office of Administration staff will:

Implement the President’s Management Agenda and related initiatives;
Improve financial and administrative services and enhance integrity and efficiency of the Agency’s financial management and human resources programs;
Provide greater online access to information generated by OSHRC to citizens and other interested parties, as required by the E-Gov Act;
Improve computer information security based on an evaluation of the Review Commission’s computer security, compliance with the various security acts and the implementation of corrections or improvements in any weaknesses found as a result of evaluations;
Provide faster and better public access to and dissemination of Review Commission information and decisions through the use of modern automated technology and techniques, including the Agency’s website;
Execute the Continuity Of Operations Plan (COOP) including maintenance, testing, and (if needed) implementation of the COOP for Washington, DC and the regional offices in Denver and Atlanta;
Implement Homeland Security Presidential Directive (HSPD) 12; and
Implement oversight of the Agency’s succession and transition plan.

During FY 2007, the Office of Administration implemented two human resources improvements to better serve Review Commission staff. The first is the National Finance Center’s (NFC) STAR Web system, which enables web-based entry of attendance and leave data. The second is implementing NFC’s Employee Personal Page (EPP) which allows employees to view their payroll, leave, travel, health and life insurance, savings bond, and other personal information on-line. In FY 2008, we plan to continue with e-gov initiatives, including redesigning the OSHRC website to make it more accessible to internal and external customers, revising our Continuation of Operations (COOP) plan, and undertaking other activities in support of the Review Commission’s mission.

Staffing

Our FY 2009 budget requests funding for 11 FTE for the Office of Administration function to perform the duties and responsibilities outlined above. The Office of Administration staff has responsibility for implementing the President’s management and reform efforts, including implementing and monitoring strategic and performance plans and reports, budget and performance integration, human capital and competitive sourcing, and e-government.

Funding (in millions) and FTE

	FY 2008 Estimate	FY 2008 Estimate	FY 2009 Estimate	FY 2009 Estimate
	$	FTE	$	FTE
Administration	1.6	11	1.7	11

III. Budget by Object
Classification Category

Budget by Object Classification Category

The Occupational Safety and Health Review Commission requests an appropriation of $11,186,000 and 67 FTE for FY 2009. The funding and staffing requested will enable the Review Commission to carry out its mission, as required by the Occupational Safety and Health Act. The growth in the FY 2009 budget request is required for higher salary rates approved by Congress, as well as to keep pace with inflation and other cost increases imposed upon us. The proposed budget for FY 2009 by object classification category is shown in the table below, along with the FY 2008 enacted level. A narrative explanation of the amount requested for each object classification follows the table.

Object Classification Table
Fiscal Years 2008 and 2009
(Dollars in Thousands)

				Change FY 2009-2008	Change FY 2009-2008
	Budget Object Class	FY 2008	FY 2009	$	%
11.0	Personnel Compensation	$6,683	$6,917	+234	+3.5
12.0	Personnel Benefits	1,423	1,619	+196	+13.8
	Subtotal Personal Services	8,106	8,536	+430	+5.3
21.0	Travel	117	126	+9	+7.7
22.0	Transportation of Things	7	7	0	0
23.1	Space Rental Payments (GSA)	1,311	1,473	+162	+12.4
23.3	Communications, Utilities and Misc.	61	65	+4	+6.6
24.0	Printing and Reproduction	17	17	0	0
25.0	Other Services	736	800	+64	+8.7
26.0	Supplies and Materials	45	45	0	0
31.0	Equipment	109	117	+8	+7.3
Total		10,509	11,186	+677	+6.4

Object Classification Detail

Personnel Compensation

Change FY 2009-FY 2008

FY 2008

$6,683,000

FY 2009

$6,917,000

Amount

+$234,000

+3.5

The budget request for FY 2009 includes $6,917,000 to fund the direct payroll costs of 67 FTE. This includes funding for comparability pay increases that will be effective in January 2008, as well as proposed comparability pay increases in January 2009.

This object class also supports awards to recognize those employees whose performance is superior, and who perform special acts or services. Cash awards are a necessary incentive under the Review Commission’s new performance appraisal system, and form an important component of the continuing effort to improve the quality and timeliness of work products that contribute to overall agency efforts to accomplish its Strategic Plan objectives. In FY 2006, the Review Commission implemented results-oriented performance management systems for both senior executive and GS level employees. As part of this effort, the Review Commission also revamped its system for employee recognition to link awards to the accomplishment of critical elements and performance goals. Under this system, employee performance awards are directly linked to performance appraisals, which are based on individual performance agreements, established in advance, by employees and their supervisors.

12.0 Personnel Benefits

Change FY 2009-FY 2008

FY 2008

$1,423,000

FY 2009

$1,619,000

Amount

+$196,000

+13.8

This budget includes $1,619,000 to fund the payroll-related costs of employee benefits in
FY 2009. These benefits principally consist of the government’s contributions to the CSRS and FERS retirement programs, life and health insurance programs, the Transit Subsidy Program, and the Thrift Savings Plan. The increase reflects a higher level of benefits paid for employees than had been previously projected.

21.0 Travel

Change FY 2009-FY 2008

FY 2008

$117,000

FY 2009

$126,000

Amount

+9,000

+7.7

The Review Commission requests $126,000 for travel in FY 2009. Travel of Administrative Law Judges (ALJs) to conduct hearings accounts for the majority of this request. Travel costs have risen substantially over the last two years due, at least in part, to higher fuel costs. It should be noted that approximately 92 percent of the Review Commission’s travel budget pays for ALJ travel in order to conduct hearings. By law, these hearings must be conducted as close as possible to the site of the alleged violation. The remainder of these funds is for travel associated with training, necessary travel to the regional offices and other requirements.

22.0 Transportation of Things

Change FY 2009-FY 2008

FY 2008

$7,000

FY 2009

$7,000

Amount

-0-

An amount of $7,000 is requested to fund the cost of shipping materials between Review Commission offices and other locations, and the shipping costs associated with the purchase of supplies and equipment.

23.1 Rental Payments to GSA

Change FY 2009-FY 2008

FY 2008

$1,311,000

FY 2009

$1,473,000

Amount

+$162,000

+12.4

he request includes $1,473,000 for office space rental for the National and Regional Offices. These projected rent costs are based on estimates provided by the General Services Administration (GSA) to the Review Commission in June 2007.

23.3 Communications, Utilities and Miscellaneous Charges

Change FY 2009-FY 2008

FY 2008

$61,000

FY 2009

$65,000

Amount

+4,000

+6.6

Telephone and postage costs are projected to require a total of $65,000 in FY 2009. Local phone service and telecommunications is projected to cost $44,000; long distance service is estimated at $8,000. Postage for the required mailing of letters, cases, and other materials related to cases is expected to be $13,000.

24.0 Printing and Reproduction

Change FY 2009-FY 2008

FY 2008

$17,000

FY 2009

$17,000

Amount

-0-

Printing costs consist mainly of the charges for publishing proposed regulations and announcements in the Code of Federal Regulations (CFR) and the Federal Register, and for purchasing copies of the CFR, Federal Register and other GPO publications. Together, these printing/publishing costs are expected to approximate $10,000 in fiscal year 2009. The balance of the budget -- $7,000 -- is needed for printing of Rules of Procedure and Guide to the Review Commission pamphlets, which are provided to parties, as well as the production of compact discs, which contain the latest decisions of the Review Commission’s Administrative Law Judges and Commissions for distribution to the public.

25.0 Other Services

Change FY 2009-FY 2008

FY 2008

$736,000

FY 2009

$800,000

Amount

+64,000

+8.7

A total of $800,000 is requested for Other Services in FY 2009. Requirements in this area fall into two basic categories: interagency agreements for services provided by other Federal agencies; and contractual services provided by non-Federal vendors. Additional information on each of these is provided in the following paragraphs.

Services Provided by Other Federal Agencies. A total of $407,000 is requested for services provided by other Federal agencies. This area includes $10,000 for personnel and payroll services provided by the National Finance Center, $319,000 for financial and administrative services provided by the Bureau of the Public Debt (including funds to support infrastructure upgrades and the establishment of a Capital Fund), and $45,000 for building security (estimated) provided by the Department of Homeland Security. The remaining amount ($33,000) will be used to fund other Interagency Agreements such as FOH, GSA (HVAC), and OPM.

Other Contractual Services. OSHRC procures a variety of services to support us in carrying out our mission. These include: court reporting ($92,000); maintenance of the Review Commission’s automated data processing system ($51,000); evaluation and support for information technology security ($28,000); and on-line legal research ($35,000). The category also includes funding for other contractual services such as the annual audit of our financial statements ($35,000), library operations ($45,000), training ($18,000), and other requirements to support the agency’s mission ($58,000). This category also includes funds needed for continuing maintenance of the Review Commission’s Internet website ($15,000), which is housed and maintained by the Government Printing Office.

26.0 Supplies and Materials

Change FY 2009-FY 2008

FY 2008

$45,000

FY 2009

$45,000

Amount

The amount of $45,000 is requested for supplies and materials in FY 2009, including general office supplies ($22,000) and automated data processing supplies and software ($20,000).

31.0 Equipment

Change FY 2009-FY 2008

FY 2008

$109,000

FY 2009

$117,000

Amount

+8,000

+7.3

The amount of $117,000 is required for equipment in FY 2009. Subscriptions and other publications necessary to maintain our legal libraries make up the bulk of the costs in this object class. The remainder is required for new and/or replacement of computer and other information technology requirements, and to enable us to comply with Government-wide mandates such as the Federal Information Security Management Act. Our automated data processing equipment includes personal computers, printers, a local area network, and associated peripherals. Finally, a small portion of this funding will be used to purchase any office furniture that may be needed.

IV. Other Tables

Occupational Safety and Health Review Commission
Appropriation History

Fiscal Year	Request to Congress	House Allowance	Senate Allowance	Appropriation
1995	$7,595,000	$7,655,000	$7,595,000	$7,595,000
1996	$8,081,0001	$8,127,000	$8,200,000	$8,100,000
1997	$7,738,0002	$7,753,000	$7,753,000	$7,753,000
1998	$7,900,000	$7,800,000	$7,900,000	$7,800,000
1999	$8,092,0003	$8,050,000	$8,100,000	$8,100,000
2000	$8,470,0004	$8,500,000	$8,100,000	$8,500,000
2001	$8,720,000	$8,720,000	$8,600,000	$8,720,000
2002	$8,958,0005	$8,964,000	$8,964,000	$8,964,000
2003	$9,673,0006	$9,577,000	$9,577,000	$9,577,000
2004	$9,863,0007	$10,115,000	$10,115,000	$9,610,000
2005	$10,510,2408	$10,516,000	$10,595,000	$10,595,000
2006	$10,404,9009	$10,510,000	$10,510,000	$10,510,000
2007	$10,470,779	$10,346,000	$10,510,000	$10,346,000
2008	$10,696,000	$10,696,000	$10,696,000	$10,696,000

Authorized Full Time Positions
by Function

	FY 2007	FY2008	FY2009
Administrative Law Judge:
AL-1	1	1	1
AL-III	11	11	11
GS-14	3	3	3
GS-12	2	2	2
GS-11	3	3	3
GS-8	4	4	4
GS-7	1	1	1
Sub-total	25	25	25

Commission:

Executive Level III	1	1	1
Executive Level IV	2	2	2
ES-00	2	2	2
GS-15	6	6	6
GS-14	4	5	5
GS-13	4	5	5
GS-12	6	5	5
GS-11	3	2	2
GS-9	3	3	3
Sub-total	31	31	31

Administration:

ES-00	1	1	1
GS-15	0	1	1
GS-14	4	3	3
GS-13	0	1	1
GS-12	1	1	2
GS-11	2	2	1
GS-9	2	1	1
GS-6	1	1	1
Sub-total	11	11	11
Total full-time positions:	67	67	67

1 Reduced to $8,081,000 by P.L. 104-134

2 Reduced to $7,738,000 by P.L. 104-208

3 Reduced to $8,092,000 by H.R. 1664

4 Reduced to $8,470,000 by P.L. 106-113

5 Reduced to $8,958,000 by P.L. 107-206

6 Reduced to $9,610,125 by P.L. 108-7

7 Reduced to $9,863,000 by P.L. 108-199

8 Reduced to $10,510,240 by P.L. 108-447

9 Reduced to $10,404,900 by P.L. 109-149

Reduced to $10,509,141 by P.L. 110-161