OSHA Sampling Data FOIA Case

Issue Overview

In June 2005, a former OSHA regional administrator made a request under the Freedom of Information Act (FOIA) to the US Department of Labor's Occupational Safety and Health Administration (OSHA) for industrial hygiene sampling results contained in the agency's database of inspection records.  When OSHA refused to respond adequately to the FOIA request, a two-year legal battle ensued.  On June 29, 2007, a federal court judge ruled in favor of disclosure, saying that the Department "had not met its burden of justifying its decision to withhold the requested material."

Relevant Documents

Opinion, federal judge Mary L. Cooper, June 29, 2007.

AFL-CIO's Amicus Curiae Brief, November 2006.

David Barstow's (NY Times reporter) Affidavit, Nov 2006

Dept of Labor's Motion in Opposition to Finkel Motion, Nov 2006

Finkel Declaration/Affidavit, November 2006

Finkel's Motion in Opposition to DOL Motion, November 2006

Dept of Labor's Motion for Summary Judgment, October 2006.

Finkel Declaration/Affidavit, October 2006

Finkel's Motion for Summary Judgment, October 2006.

Richard Fairfax Affidavit, September 2006.

American Foundry Society's comments on disclosure, May 2006.

Brush Wellman's comments on disclosure, May 2006.

Chamber of Commerce's comments on disclosure, May 2006.

Nat Assoc of Manufacturers' comments on disclosure, May 2006.

Synthetic Organic Chemical Manuf's comments on disclosure, 2006.

OSHA letter to Nat Assoc Manufacturers, April 2006.

OSHA Federal Register Notice on Finkel FOIA, April 2006.

Finkel's Original Complaint, November 2005.