[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2201.4]

[Page 298-299]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2201_REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT
--Table of Contents
 
Sec. 2201.4  General policy.

    (a) Non-exempt records available to public. Except for records and 
information exempted from disclosure by 5 U.S.C. 553(b) or published in 
the Federal Register under 5 U.S.C. 552(a)(1), all records of the 
Commission or in its custody are available to any person who requests 
them in accordance with Sec. 2201.6. Records include any information 
that would be a record subject to the requirements of 5 U.S.C. 552 when 
maintained by the Review Commission in any format, including electronic 
format. In searching for records, the Review Commission will look for 
records manually or by automated means. The Review Commission will 
search for records in their electronic form and in

[[Page 299]]

hard copy form, in response to FOIA requests, except when such searching 
would significantly interfere with the operation of the Commission's 
automated information system.
    (b) Examination of records in cases appealed to courts. A final 
order of the Commission may be appealed to a United States Court of 
Appeals. When this occurs, the Commission may send part or all of the 
official case file to the court and may retain other parts of the file. 
Thus, a document in a case may not be available from the Commission but 
only from the court of appeals. In such a case, the Freedom of 
Information Act Officer may inform the requester that the request for a 
particular document should be directed to the court.
    (c) Record availability. The records of Review Commission activities 
are publicly available for inspection and copying at the OSHRC 
Information Office, 1120 20th St., NW, 9th Floor, Washington, DC. These 
records include:
    (1) Final opinions including concurring and dissenting opinions as 
well as orders issued as a result of adjudication of cases.
    (2) OSHRC Rules of Procedure and Guides to those procedures.
    (3) Copies of records that have been released to a person under the 
Freedom of Information Act (FOIA) that, because of the subject matter, 
the Review Commission determines that the records have become or are 
likely to become the subject of subsequent requests for substantially 
the same records.
    (4) A general index of records released under the FOIA.
    (d) Materials created on or after November 1, 1996 under paragraphs 
(c) (1), (2), (3) and (4) of this section may also be accessed through 
the Internet at the Review Commission's World Wide Web site at http://
www.oshrc.gov.

[53 FR 17930, May 19, 1988, as amended at 65 FR 24130, Apr. 25, 2000]