2021 Chief FOIA Officer Report - Acting Solicitor of Labor/DOL Chief FOIA Officer Report

Adjudicatory Board staff participated in training on the use of FOIAXpress.

Each staff member with FOIA responsibilities took the training modules on Learning Link "FOIA e-Learning Professionals Training" and "FOIA e-Learning Employees Training."

BLS FOIA staff participated in training on the use of FOIAXpress.

Two staff members attended the annual FOIA conference hosted by the American Society for Access Professionals (ASAP).

BLS FOIA professionals also attended OIP trainings on Exemptions 4, 5 and 6, the Privacy Act and the two-day FOIA Overview.

EBSA staff participated in training on the use of FOIAXpress. EBSA supplemented the formal training on the system by developing and providing in-house, small group and individual training sessions for the implementation of FOIAXpress. Most of EBSA's staff attended at least one of these training sessions.

Several FOIA staff attended the OIP two-day FOIA Overview Training.

ETA conducted the following FOIA training:

ETA conducted and participated in substantive FOIA training during the reporting period for the following personnel: ETA's FOIA Program Manager and backup FOIA Coordinator, ETA's program offices' primary and backup FOIA Coordinators; non-FOIA staff and managers, as well as subject matter experts involved in the supervision or processing of FOIA requests.

ETA's FOIA Program Manager and program office's FOIA Coordinators conducted various small group, regional, individual/desk-side, and forum/workshop training sessions for their FOIA personnel (Federal and contractors) on fees, redactions, processing, discretionary disclosures, denials, applying exemptions, tracking software (SIMS-FOIA and FOIAXpress), and comprehensive FOIA training for new and existing access professionals (Federal and contractors).

ETA/OCCC back-up FOIA Coordinator participated in "Virtual Introduction to FOIA" and "Artificial Intelligence for FOIA Professionals" that were hosted by OIP.

There were also Departmental trainings for all DOL employees that touched on various FOIA and Privacy Act subjects, responsibilities, and/or precautions such as Information Systems Security and Privacy Awareness; and 2020 Records and Information Management.

All ETA program offices participated in training on FOIAXpress, the Department's new FOIA-processing system

ETA/OFLC FOIA staff conducted informal training and briefings for its non-FOIA professionals as requested. The training was presented via Skype or Teams using a PowerPoint. 

ETA/OTAA continues to conduct mini-workshops/brown bag sessions as needed on FOIA protocols and division impacts. This has served to reduce staff uncertainty and ambiguity.

The ILAB FOIA coordinator attended multiple FOIA meetings and trainings in 2020 conducted by OIP. These sessions included: October 15th Virtual Annual FOIA Report training, Advanced FOIA Seminar February 18, 2020 and all SOL Quarterly Training opportunities.

The ILAB FOIA coordinator and the ILAB FOIA backup attended 100% percent of the training opportunities that were offered during this reporting period. The ILAB FOIA Staff also attended each session of the new DOL training for FOIAXpress.

MSHA FOIA Coordinators attended the Department of Labor (DOL) and Mine Safety and Health Administration (MSHA) Quarterly FOIA meetings. The topics covered were administrative processing, FOIA exemptions, fees, the E.O. 12600 process, FOIA best practices, and records management.

FOIA trainings were held with MSHA FOIA Coordinators in headquarters and district offices to provide an overview of the MSHA FOIA program. The topics covered were overdue reports, use of FOIA exemptions, FOIA database, fees and waivers, appeals process, records management, coordinating FOIA requests within multiple Program Areas, and general challenges in FOIA processing.

All new FOIA Coordinators participated in on-line training including FOIA eLearning Professional Training and FOIA eLearning Employees Training. These courses covered procedural requirements, FOIA processing start to finish, and exemptions overview.

FOIA Coordinators attended the following training provided by the Department of Justice: Introduction to the Freedom of Information Act; Best Practices Workshop; Freedom of Information Act for Attorneys and Access Professionals

OASAM conducts quarterly FOIA coordinator meetings and training, as well as ad hoc training on various FOIA subjects (e.g., exemptions, properly closing FOIAs, tolling FOIAs, etc.)

OASAM staff also attended the Department of Justice/OIP Annual FOIA training sessions: FOIA for Beginners; Artificial Intelligence for FOIA and, Virtual Litigation Workshop in 2021.

OCFO FOIA staff attended DOL FOIAXpress training sessions.

Each staff member with FOIA responsibilities took the training modules on Learning Link "FOIA e-Learning Professionals Training" and "FOIA e-Learning Employees Training."

OCIA FOIA staff attended DOL FOIAXpress meetings and training.

Each staff member with FOIA responsibilities took the training modules on Learning Link "FOIA e-Learning Professionals Training" and "FOIA e-Learning Employees Training."

ODEP staff participated in FOIAXpress training and attended quarterly FOIA Coordinator meetings that were hosted by the SOL's Office of Information Services.

Each staff member with FOIA responsibilities took the training modules on Learning Link "FOIA e-Learning Professionals Training" and "FOIA e-Learning Employees Training."

Members of the OFCCP team attended online training offered by OIP meant to apprise FOIA practitioners about new issues with FOIA. The training sessions included an Advanced FOIA Seminar, Exemption 7 Workshop, and Introduction to FOIA Course.

Each staff member with FOIA responsibilities took the training modules on Learning Link "FOIA e-Learning Professionals Training" and "FOIA e-Learning Employees Training."

OLMS FOIA contacts participated in FOIAXpress demos and training during the year. 

Each staff member with FOIA responsibilities took the training modules on Learning Link "FOIA e-Learning Professionals Training" and "FOIA e-Learning Employees Training."

OPA FOIA staff attended FOIAXpress Training during FY 2020.

Each staff member with FOIA responsibilities took the training modules on Learning Link "FOIA e-Learning Professionals Training" and "FOIA e-Learning Employees Training."

OSHA offered remote FOIA training to all its FOIA personnel. OSHA offers one hour Q&A conference calls with its FOIA staff to answer any questions they have. In January 2021, OSHA had in person training for members of its FOIA Pilot team at its training center in Chicago.

OSHA offered remote training on FOIA processing. The training included what was a perfected FOIA request, proper means of delivery of a request to OSHA, what is a federal record, searching and documenting the search for records, review of records and the foreseeable harm analysis, fees, fee waivers and appeals. Some OSHA processors also attended DOJ remote training.

OWCP FOIA staff attended DOL's FOIAXpress training sessions.

Each staff member with FOIA responsibilities took the training modules on Learning Link "FOIA e-Learning Professionals Training" and "FOIA e-Learning Employees Training."

All SOL designated FOIA contacts engaged in comprehensive FOIAXpress training. In addition, FOIA staff participated in training that was provided by OIP and the American Society of Access Professionals.

Most staff took the training modules on Learning Link "FOIA e-Learning Professionals Training" and "FOIA e-Learning Employees Training.".

VETS FOIA Staff participated in FOIAXpress training sessions that were provided by the Department.

Each staff member with FOIA responsibilities took the training modules on Learning Link "FOIA e-Learning Professionals Training" and "FOIA e-Learning Employees Training."

WHD FOIA staff participated in the following training sessions:

Artificial Intelligence for FOIA Professionals (DOJ-OIP)

OGIS FOIA Advisory Committee Meetings

Internal FOIAXpress Training

WHD specific training conference which included speakers from SOL/OIS.

Through phone calls, emails, and correspondences, EBSA National and Regional Program Offices communicate with the requester community on an on-going basis to clarify questions, negotiate the scope of requests, and address fee-related questions. EBSA FOIA personnel maintain open dialogue with most "frequent requesters."

EBSA FOIA professionals participate in dialogue and outreach with the requester community through the FOIA status box, as well as through the DOL FOIA Public Liaison to address and resolve any concerns raised by FOIA requesters.

The following outreach activities were performed by ETA:

ETA FOIA professionals participated in dialogue and outreach with the requester community via the ETA FOIA status box, as well as through the DOL FOIA Public Liaison to address and resolve any concerns raised by ETA FOIA requesters.

ETA National and Regional Program Offices communicated with the requester community on an on-going basis through phone calls and emails to clarify questions, negotiate the scope of the request, address fee-related questions, etc.

In addition to FOIA requests accounted for in the Department's annual reporting, Job Corp Regional Coordinators and Center Records Managers processed first party requests submitted under the provisions of the Privacy Act requests (about 600 records requests are processed by 123 Job Corps centers each month), and routinely communicates with requesters, who are typically former Job Corps students. In addition, program promotional material refers interested members of the public to the https://www.jobcorps.gov/ website, which includes a link to a full page of FOIA information, including instructions for submitting a FOIA request. Job Corps FOIA/PA coordinators also work regularly with Human Resources or other employment/education verification companies who request information on former Job Corp students.

ETA/OTAA FOIA personnel maintain ongoing communications with most of their "frequent requesters." These individuals are generally looking for specific data related to their program and/or investigations related to information pertaining to their TAA Benefits program. Each quarter, OTAA had a direct conversation with each "frequent requester" and their data subject matter expert to review the new data trends in their program.

MSHA FOIA professionals are making a concerted effort to establish a line of communication early on with the requester community upon receipt of a FOIA request in order to make the process work better for all parties involved. The outreach/dialogue included contacting requesters by email or phone to discuss clarifying or narrowing the scope of their initial request, provide status or interim updates on the progression of processing requests, follow-up to see if they were still interested in receiving the records, and provide fee estimates. 

FOIA Coordinators continuously provided requesters with relevant information to guide them through the FOIA process. Requesters were informed of the approximate time needed to complete the request, opportunities to reformulate requests, and any notifications such as the request's referral, rerouting, or delays. MSHA FOIA Coordinators also direct requestors to data publicly available on MSHA's website if publicly available information will sufficiently respond to the request. These interactions helped ensure that FOIA requests were responded to in the most efficient and timely fashion.

When multiple requests are received, liaisons reach out to the requester personally with regard to scope and need. OASAM'S webpage has become a resource for both DOL and other federal agencies, the public, and the media for frequently sought after information. 

The OASAM FOIA coordinator is often required to provide guidance to requesters on the proper procedures for submitting FOIA information requests. Regularly, OASAM receives requests for old documents that have been dispositioned and are no longer maintained by DOL, such as personnel related folders. When the request is received from lawyers or other third party representatives, the response requires a full explanation of the process on transferring Official Personnel Files (OPFs) to other agencies, or facilities. OASAM standardized the response to providing clarification so that the questions have greatly diminished the exchange between OASAM and the requester when a response of "no records" is provided.

SOL provided outreach through frequently communicating with the requester community via telephone calls, correspondence and emails.

The Solicitor of Labor is designated Chief FOIA Officer for the Department. Through delegation, the Director of the Office of Information Services represents the Department on FOIA matters in varying capacities, including attendance at Chief FOIA Officer Meetings, regular or recurring meetings of the managing partner's agencies for the National FOIA Portal and in other forums that require information regarding DOL's FOIA policies and protocols.

The National Office staff coordinates and tracks the FOIA obligations of the National and regional offices. These coordination efforts also include informing non-FOIA professionals of their FOIA obligations and informing them of the Learning Link training available for non-FOIA professionals. EBSA personnel, including contractors, must complete annual training on Information Systems Security and Privacy Awareness and Records Management for Everyone.

EBSA FOIA Coordinators currently have standards related to FOIA.

ETA performed the following "Other Initiatives":

Efforts include training for non-FOIA professionals, distributing memoranda on FOIA, providing FOIA updates, distributing FOIA Bulletins, and advising of FOIA training opportunities through DOJ, DOL/OIS and the American Society of Access Professionals (ASAP).

One-on-one or group briefings are held to inform personnel inexperienced with FOIA processing of the expectations, timelines, and analysis necessary to properly respond to FOIA requests.

Higher level briefings are often held on "hot" or sensitive FOIA requests. 

Overview sessions are held with management personnel as needed to advise of each office's responsibilities under the FOIA.

All ETA FOIA professionals (Program and Regional Offices) have FOIA related elements/standards in their work performance plans and are evaluated accordingly.

ETA/Office of Apprenticeship (OA) non-professionals are made aware of their obligations under the FOIA through records management activities and mandatory Learning Link trainings. OA staff is made aware that all records maintained by OA are subject to FOIA and are advised of their obligations when FOIAs are assigned to them. Efforts include, but are not limited to, notifying non-FOIA personnel of the FOIA protocols with regard to filing; and providing staff with briefings regarding the impact of FOIA on the records they maintain.

ETA/Office of Trade Adjustment Assistance (OTAA) meets regularly with management and staff on incoming FOIA requests to ensure that all staff is aware of how to process FOIA requests and how to search for responsive records. As needed, OTAA also continues to conduct mini-workshops and brown bag sessions regarding FOIA protocols and division impacts, resulting in reducing the staff's uncertainty and ambiguity.

ETA/Office of Unemployment Insurance (OUI) advises non-FOIA professionals of their obligations when FOIA's are assigned to them to process.

ETA/OJC reviews applicable portions of the FOIA with non-FOIA professional who have responsive documents, as well as support contracting staff. All OJC Federal employees are reminded on a regular basis that any request for information from the public must be routed through the FOIA coordinator for review and determination of the nature of the request. National and Regional Office staff also coordinate FOIA and Privacy Act requests for 123 Job Corps centers. During this process, staff conduct official and unofficial training for non-FOIA colleagues about FOIA and PA requirements and processes. In addition, the National Office coordinators (FOIA and PA) send instructions through regional offices to Job Corps center operators to ensure student records are archived in a timely and appropriate manner.

ETA Region IV implemented cross-training for staff and managers and ensured that all regional staff complete all mandatory training.

ETA Region V provides information to their staff through Standard Operating Procedures (SOP).

MSHA's FOIA Officer regularly communicates with MSHA management to discuss their obligations under the FOIA. This includes meetings, emails, and training on relevant FOIA topics, i.e. maintenance of records. Non-FOIA professional program staff are notified of upcoming FOIA training events and cross-training experiences on the FOIA process. Non-FOIA professionals and Subject Matter Experts have been given guidance on their obligation of knowing what records are subject to the FOIA, how to conduct a proper search for responsive records, and how to evaluate records on whether they can be disclosed under discretionary disclosure.

FOIA Coordinators participate in quarterly FOIA meetings where the "presumption of openness" is emphasized. All FOIA requests are processed by ensuring that the "presumption of openness" is applied. FOIA Coordinators consult with MSHA's FOIA Officer and the Solicitor's Division to discuss responsive documents and obtain guidance. If documents are discovered that were not originated in a specific program area or our agency, those documents are sent to the proper office for consultation and a determination as to what information can and cannot be released.

OALJ has orientation for new judges and new law clerks. During that orientation, a session is given about the relationship between FOIA and administrative hearings, and what judges and law clerks should do when receiving a FOIA related issue or assignment.

OALJ includes FOIA in performance standards for those whose work includes significant FOIA responsibilities. 

OALJ has continued to post ALJ orders on its website as well as a significant number of documents and information on its proactive disclosure page on the OALJ website. In 2020, OALJ maintained these proactive disclosure pages and has kept them up-to-date.

The OIG staff is routinely instructed to promptly respond to FOIA communications received by the FOIA Officer. Because the OIG is a small office, the request is assigned for search via email with detailed instructions on the request, the search, documentation needed, and the response deadline. For complex requests, the FOIA Office arranges a meeting with the respective staff to address any questions. 

The OIG FOIA Office routinely releases all discrete pieces of information that the FOIA requires. The OIG has published more information on its website such as a host of information related to the OIG's Pandemic response efforts with regard to audits and investigations. The link to this information has also been made available on the FOIA website.

Non-FOIA staff performance standards have FOIA related measures in their performance plans for FY2021. OLMS maintains the OLMS FOIA Guide and OLMS Operations Manual.

OLMS reviews, updates, releases, and posts on our intranet any necessary changes to the above guide and operations manual with regard to FOIA.

Within OWCP, in the first quarter of FY 2020, the DEEOIC Branch of Outreach and Technical Assistance (BOTA) conducted DEEOIC staff training on Privacy Act request matters, via a WebEx presentation, which, in part, addressed the DEEOIC District Offices' and the Final Adjudication Branch (FAB) offices' responsibilities to forward FOIA requests to BOTA for FOIA request processing. DEEOIC Management Officials at the National Office routinely stress that their work is subject to FOIA. Additionally, District and Final Adjudication Branch staff are required to forward all FOIA requests to FOIA specialists in BOTA.

Lastly, DFELHWC-LS routinely engages in dialogue with non-FOIA professionals within the Division, and requests their timely assistance and compliance with FOIA requests.

Within OWCP, DEEOIC Management Officials routinely support and encourage the uploading of DEEOIC policy guidance and other significant program documents to the DEEOIC website under the Public Reading‑Room or to other sections of the DEEOIC website in compliance with FOIA Section (a)(2) public inspection proactive disclosures.

BLS maintains an internal tracking sheet with the number of days per step in our search, review, and signature process. The agency includes information such as records sought, exemptions applied, final disposition, and other relevant information about the request including any guidance received from SOL.

BLS SOP's are updated annually.

Despite the extraordinary circumstances of responding to a global pandemic, EBSA still consistently decreased the average number of days to adjudicate expedited requests for the previous two years. In Fiscal Year 2020, again EBSA decreased the average number of days to adjudicate expedited requests by 29%.

The global pandemic forced EBSA to quickly transition to telework only. This quick and unprecedented response included solely and fully responding to FOIA requesters by electronic means only. Along with this exceptional transition and implementation of a new FOIA tracking system, EBSA continues to decrease the average number of days. The majority of requesters understand that their requests are detailed and often involve coordination with IT and several EBSA offices which may delay timely response under the expedited treatment track.

To prevent lapses, the National Office tracks all FOIA requests assigned to EBSA. The National Office's Lead Coordinators routinely communicate with the Regional and National Office coordinators and inform them of the correct processes and procedures. In this close working relationship between the National Office and regional offices, all offices are instructed on routing misdirected requests, providing assistance with processing payments, using Adobe Acrobat Pro for redactions, and correctly applying exemptions. The National Office Lead Coordinators and EBSA's Office of Enforcement routinely meet with regional FOIA coordinators and investigators regarding frequently requested FOIAs to ensure timely and accurate processing and disclosure. In addition, the National Office staff reviews all open requests including those in regional offices to ensure that they are being handled appropriately. If questions arise in any EBSA office, the FOIA personnel are quick to contact the National Office FOIA Coordinator for guidance.

As of December 17, 2020, EBSA has used digital meeting platforms to provide over a dozen training sessions for the regional and program offices regarding the implementation of the new FOIA Xpress system.

EBSA encouraged its staff to participate in two all day remote training sessions offered by the Office of the Solicitor.

EBSA added a dedicated COVID-19 response page in the quick links section of its Website.

EBSA kept requesters fully and consistently informed. On all of its outgoing correspondences, EBSA notified requesters of potential delays attributed to the federal government's full telework status.

MSHA's FOIA Officer monitors incoming requests and has routine meetings with FOIA Coordinators and agency top staff to go over upcoming FOIA issues and delays. An electronic spreadsheet is used to track all FOIA requests and capture information including adjudicating requests for expedited processing. MSHA strives to meet the ten calendar day requirement for adjudicating expedited requests.

MSHA's FOIA Officer monitors pending requests and has monthly meetings with agency top staff to go over upcoming FOIA issues and backlog. Hands on training and processing lessons were provided weekly and in response to incoming FOIA requests. An electronic spreadsheet was used to track all FOIA requests and capture information including requester's name, date of request, subject matter of request, number of days to close request, and whether information was provided in full or withheld under a FOIA exemption. FOIA FAQs are on the Intranet which provides MSHA employees with access to answers concerning FOIA questions. Topics include the elements of a FOIA request, exemptions, and deadlines in responding to a request. In addition, various audits are conducted, annual reports are maintained, several trainings are developed and delivered, and open lines of communication are sustained and encouraged.

MSHA conducts quarterly and annual certification data reviews of the FOIA database to ensure that all FOIA information has been entered, properly coded, all letters and correspondence have been uploaded, tolls are entered and closed correctly, and once completed all requests were properly closed out in the system.

MSHA's individual program areas are in the process of finalizing internal FOIA Standard Operating Procedures as they continue to review and strengthen internal processes and tracking methods.

To assist FOIA Coordinators and other staff with FOIA related responsibilities deal with the impact of the COVID-19 pandemic, FOIA Coordinators received uniform guidance on how to handle processing issues related to FOIA requests that have been received or continue to be processed while most staff is working remotely. Electronic folders were created on the network to share documents among agency staff. Coordinators received procedures for handling requests for paper records that are maintained at NARA administered Federal Records Centers that are closed to the public. Requesters were contacted and provided information regarding how their FOIA requests will be processed while the Department was operating with maximum workplace flexibilities. They were also referred to DOL's website for additional information. 

MSHA's FOIA Officer held status meetings to answer any questions, ensure requests are handled timely and identify any obstacles that may hinder the agency in meeting deadlines. Internal tracking logs that track FOIA requests from start to finish help keep the processing of requests organized. Clear and frequent communication with requesters and other FOIA coordinators is also a very important practice to ensure a FOIA system that operates efficiently and effectively.

OALJ has implemented the following procedures with respect to COVID guidelines:

First, in the event that a record is only available in hard copy format, FOIA officers who are working remotely have been instructed to coordinate with employees present at the physical location to retrieve and scan documents. Second, FOIA officers began sending disclosures out electronically when possible. Third, when responsive documents are maintained at a closed records center, OALJ has been communicating directly with requesters to inform them of the situation and to get input on how they would like to proceed.

OASAM constantly strives to respond to all FOIA requests as quickly as possible. However, it continues to be difficult to grant expedited responses when the requested information is voluminous and there are limited resources from the specific subject matter areas to gather the information. Most FOIAs requests are related to human resources data; contracts and grants, which require substantive data downloads, research, and lengthy redaction processes. Other requests involve extracting extremely sensitive and Personally Identifiable Information (PII) within the Equal Employment Opportunity (EEO) office, Civil Rights Center (CRC) and Office of Human Resources (OHR) files that contain voluminous documents.

In addition, with the creation of the FOIAXpress system and consolidation and in some cases absorption of other office in both the Office of Human Resources (OHR) and Office of the Senior Procurement Executive (OSPE), OASAM's our figures are larger than usual as other offices' numbers are now combined. In order to minimize this number, FOIAs are being assigned through one office only and disseminated or assigned accordingly.

The OIG routinely conducts self-assessments and comparisons, by running weekly and quarterly reports for the backlog and pending data, processed and open requests, sorted by simple and complex categories of request.

The OIG has existing SOPs for handling FOIA requests. The SOPs are being updated this fiscal year to complement the new Inspector General Directive (IGD) for FOIA and to include new procedures that will be associated with the OIG's new FOIA system and filing schema.

OSHA reviewed data from SIMS FOIA and now FOIAXpress. OSHA tracks backlog data and brings areas of concern to appropriate management units for review. OSHA completed a FOIA Pilot and is reviewing the data collected.

OSHA's SOP was just published in 2020. The agency will review again in 2021. In addition, OSHA's Intranet contains information on FOIAXpress, template letters, guidance memoranda and links to DOJ guidance.

Within OWCP, DEEOIC frequently receives Privacy Act requests, submitted by individual claimants or the claimants' Authorized Representatives to obtain a copy of the claimants' EEOICPA case file records, which are maintained on the OWCP Imaging System (OIS). DEEOIC is in the process of implementing a safe and secure password-encrypted methodology that will enable individual claimants or their Authorized Representative to access the claimant's electronic case file records.

Due to the COVID-19 pandemic, DEEOIC has implemented pandemic situational teleworking for all staff and utilizes new technologies to continue processing FOIA requests in a timely and efficient manner. Beyond utilizing the recently implemented FOIA Express FOIA request database, DEEOIC utilizes SharePoint for review of draft FOIA correspondences and final responses, including the review of redacted and un-redacted responsive records for the FOIA requests that DEEOIC receives. DEEOIC utilizes Adobe software for digital-signatures. DEEOIC personnel email the final digitally-signed FOIA correspondence letters and final responses to an internal DEEOIC email address, and DEEOIC Mailing Contractors print and mail the DEEOIC FOIA correspondence letters and final responses. 

In addition, DEEOIC FOIA personnel communicated with FOIA requesters, via email and by telephone, utilizing the Interaction Desktop telephone software.

EBSA's dynamic Website is updated regularly with new and updated materials. See EBSA's homepage https://www.dol.gov/agencies/ebsa and note the useful "EBSA at a Glance" section, where EBSA posts new issuances and related materials to make it quick and easy to find.

EBSA also added a dedicated COVID-19 response page in the quick links on the homepage to provide an easy to find comprehensive page with all information EBSA has issued to provide quick assistance to workers and employers during the pandemic. This includes links to outreach that is conducted. EBSA's FOIA page is at https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/foia.

Proactive disclosures such as key rulemaking and their public comments are timely posted on EBSA's Website. EBSA's public comments index page is at https://www.dol.gov/agencies/ebsa/laws-and-regulations/rules-and-regulations/public-comments. 

This year there was a substantial increase in rulemaking activity. The many comments posted to this page were frequently visited.

Other proactive disclosures such as EBSA's FOIA reading room and Critical status notices are available at https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/foia/electronic, and https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/critical-status-notices.

https://www.dol.gov/agencies/ebsa

https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/foia

https://www.dol.gov/agencies/ebsa/laws-and-regulations/rules-and-regulations/public-comments. 

https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/foia/electronic

https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/critical-status-notices

The Office of Job Corps publishes an extensive array of information and performance data at https://www.jobcorps.gov/job-corps-reports;

In advance of FOIA requests, the Office of Foreign Labor Certification publishes a variety of data and information quarterly at https://www.dol.gov/agencies/eta/foreign-labor/performance

The Office of Foreign Labor Certification also publishes redacted copies of employer job orders at https://flag.dol.gov/;

The Office of Trade Adjustment Assistance publishes TAA petitions at: https://www.doleta.gov/tradeact/taa/petitions.cfm.

The Office of Unemployment Insurance publishes information of interest to the general public on its website at https://oui.doleta.gov/unemploy/performance1.asp.

The Office of Workforce Investment (OWI) publishes WOTC certification data on https://www.dol.gov/agencies/eta/wotc/performance.

The Office of Policy Development Research (OPDR) has updated the research and evaluation website to post all new reports at https://wdr.doleta.gov/research/search.cfm?CFID=44789344&CFTOKEN=79473204

ETA/OA posts five years of Registered Apprenticeship national program data and statistics on its website (accessible by the public at https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2020). General program information and information regarding current sponsors of apprenticeship is also housed on the site.

• ETA/Office of Financial Administration (OFA) discloses budget information, State Statutory Formula Funding, Quarterly State WIOA Spending Summaries, Annual State WIOA Obligation Summaries, WIOA Spending, and Obligation Rate Visualizations on its website at https://www.dol.gov/agencies/eta/budget.
• ETA/OFLC provides an immediate opportunity for SMEs to articulate foreseeable harm as a part of reviewing the records, which is a crucial part of ensuring the presumption of openness. When there is no such harm articulated, openness prevails as there is no reason to protect. OFLC also proactively releases redacted versions of employer applications, performance data, and annual statistics for labor certifications and labor condition applications in advance of FOIA requests. These proactive releases assure the application of openness. This information can be found at https://www.dol.gov/agencies/eta/foreign-labor/performance.
• ETA/OJC program promotional material refers interested public to the Job Corps website, https://www.jobcorps.gov/, which provides a link https://www.jobcorps.gov/freedom to a full page of FOIA information, including instructions for submitting a FOIA request.
• A variety of tutorials, web trainings, and public postings throughout ETA components, in addition to the posting of FOIA SOPS, are used to ensure that the presumption of openness is being applied.

https://www.jobcorps.gov/job-corps-reports

https://www.dol.gov/agencies/eta/foreign-labor/performance

https://flag.dol.gov/

https://www.doleta.gov/tradeact/taa/petitions.cfm

https://oui.doleta.gov/unemploy/performance1.asp

https://www.dol.gov/agencies/eta/wotc/performance

https://wdr.doleta.gov/research/search.cfm?CFID=44789344&CFTOKEN=79473204

https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2020)

http://www.dol.gov/agencies/eta/budget

https://www.dol.gov/agencies/eta/foreign-labor/performance

https://www.jobcorps.gov/

https://www.jobcorps.gov/freedom

MSHA has proactively disclosed accident investigation information, program policy and procedure instruction letters, program or enforcement statistics, inspection and violation history, mine data, accountability audits, safety and health legislation and regulations.

MSHA collaborates with offices both within and out of the agency to identify and produce a greater number of appropriate materials for proactive disclosures. These offices include the Office of the Assistant Secretary, records management staff, IT staff, Public Affairs, and the Office of Program Education and Outreach. Working with these offices enables MSHA to identify material that is of interest to the public, as well as determine the best method of disclosure to the public. The ability to outreach and work with a multitude of resources enables the agency to increase proactive disclosures both in quantity and quality.

The agency continues to post information on the web and periodically contacts the IT unit and other key agency personnel to determine if there are additional materials appropriate for posting on the agency's FOIA website. MSHA is continually looking for ways to expand the information posted to better serve the public and hopefully reduce the number of FOIA requests.

https://arlweb.msha.gov/READROOM/HANDBOOK/HANDBOOK.HTM

https://arlweb.msha.gov/REGS/COMPLIAN/PIB/PIB.HTM

https://arlweb.msha.gov/REGS/COMPLIAN/PILS/PIL.HTM

https://www.msha.gov/regulations/rulemaking/petitions-modification

https://arlweb.msha.gov/REGS/COMPLIAN/PPM/PMMAINTC.HTM

https://arlweb.msha.gov/REGS/COMPLIAN/PPLMEN.HTM

https://arlweb.msha.gov/readroom/FOIA/AccountabilityAudits/AccountabilityAudits.asp

https://www.msha.gov/data-reports/fatality-reports/search

https://www.dol.gov/agencies/oalj/about/FOIA_Frequently_Requested_Records

https://www.dol.gov/agencies/oalj/topics/information/Proactive_disclosures_ALJ_appointments

While OASAM receives many requests for employment information, most of the requests are for information not maintained by the Department of Labor but rather by the Office of Personnel Management (OPM). Because of this, some of the DOL links can be found on several OPM reporting sites, as well as, OASAM's FOIA webpage.

OASAM continues to improve its websites for ease of use and accessible content. The newly created Office of Human Resources (OHR) is currently designing a newer website, as well as updating the current SOL-based SOPs for all to reference. OHR's FOIA related information will also be available on OASAM's FOIA webpage. 

https://www.opm.gov/policy-data-oversight/diversity-and-inclusion/reports/#url=Federal-Equal-Opportunity-and-Recruitment-Program

https://www.opm.gov/policy-data-oversight/diversity-and-inclusion/reports/#url=Employment-Statistical-Reports

https://www.dol.gov/agencies/oasam/centers-offices/human-resources-center/foia

DOL-OCFO financial, audit, performance, strategic, and performance reporting: https://www.dol.gov/general/aboutdol#budget

OCFO FOIA LOG: https://www.dol.gov/agencies/ocfo/foia

https://www.dol.gov/general/aboutdol#budget

https://www.dol.gov/agencies/ocfo/foia

ODEP, through its Division of Policy Communication and Outreach, has made extra efforts to post relevant information to stakeholders during the pandemic. Examples include a dedicated landing page with materials regarding the 30^th Anniversary of the Americans with Disabilities Act as well as specific landing pages for popular initiatives such as the State Exchange on Employment & Disability and the Retaining Employment and Talent after Injury/Illness Network.

ODEP ensures that all downloadable documents are 508 compliant. In addition, the agency also ensures that tabular information is formatted to facilitate the use of screen readers and that content contained in an iframe is properly labeled. As a general matter, ODEP recently completed an extensive redesign of the overall website (as part of DOL's conversion to Drupal) to improve ease of use and ability to locate information.

OFCCP posts its Conciliation Agreements in its FOIA Reading Room. https://www.dol.gov/agencies/ofccp/foia/library#Q3

Conciliation Agreements are formal agreements signed by OFCCP and the federal contractors' top officials, which outline all identified violations, and require the contractors to implement specific remedies and formally report to the OFCCP for a specified period of time.

OFCCP also posts datasets covering its projected case scheduling and historical performance information on enforcement in its FOIA Library.

https://www.dol.gov/agencies/ofccp/foia/library#Q3

The DOL OIG continues to post audit reports, recommendations dashboard, alert memos, and investigative summaries on the agency website. https://www.oig.dol.gov/recommendationdashboard.htm

OIG also created a Pandemic Response portal that contains the Pandemic Response work of the DOL OIG to include a host of information such as COVID related audits and investigations and reports. This portal is located on both the OIG website and the OIG FOIA site. https://www.oig.dol.gov/OIG_Pandemic_Response_Portal.htm

https://www.oig.dol.gov/recommendationdashboard.htm

https://www.oig.dol.gov/OIG_Pandemic_Response_Portal.htm

In FY 2020 OSHA added 10,883 updates and additions to our website. https://www.osha.gov/FOIA

Early in the pandemic OSHA received about a dozen requests for COVID complaint data. OSHA posted this data on its website and updates the data weekly for the requesters. The data has been updated over 30 times to date and has been cited by the Washington Post as an example of government openness during COVID

"Weekly OSHA COVID-19 Complaint Data."

https://www.washingtonpost.com/investigations/public-records-requests-fall-victim-to-the-coronavirus-pandemic/2020/10/01/cba2500c-b7a5-11ea-a8da-693df3d7674a_story.html

https://www.osha.gov/FOIA

OWCP - DEEOIC uploads records to the Public Reading-room on our DEEOIC website. These includes responsive documents to multiple requests for the same record and/or records that DEEOIC believes may be of public interest and the subject of a future FOIA request.

Within OWCP: DEEOIC, DCMWC and DLHWC have proactively posted the following information on OWCP's website as follows:

DEEOIC Program

During FY 2020, the DEEOIC proactively disclosed and posted records on the DEEOIC Public Reading-room webpage, which include:

DEEOIC's Response to DOL Ombudsman's Report;

Contract Medical Consultant (CMC) Audit Analysis Reports and Medical Director's Audit Reports;

EEOICP Summary Statistics, on a monthly basis;

DEEOIC Accountability Review Reports of the DEEOIC District Offices, FAB office locations, and the Branch of Medical Benefits; and

Also, under the header of Additional DEEOIC Program Information: Top Medical Conditions filed under EEOICPA Part E and Medical Provider Teleconference Meeting Minutes were published.

The web-link for the DEEOIC FOIA Public Reading-room is:

https://www.dol.gov/agencies/owcp/energy/regs/compliance/efoia.

DFELHWC-LS

Program Summary

https://www.dol.gov/sites/dolgov/files/owcp/dlhwc/LongshorePresentation-ProgramOverview1.pdf.

DFELHWC-FEP

Anything related to DFELHWC-FEP https://www.dol.gov/agencies/owcp/dfec.

Field Operation Handbook Chapters 10-16, 20-25, 30-33, 36, 39, 46, 64,

Field Assistant Bulletins

Purchase Card Holders

Federal Register Documents

Opinion Letters

https://www.dol.gov/agencies/whd/field-operations-handbook

https://www.dol.gov/agencies/whd/field-assistance-bulletins

https://www.dol.gov/agencies/oasam/grants/credit-card-officials

https://federalregister.dol.gov/index.php/index/agency

https://www.dol.gov/agencies/whd/opinion-letters/search

The national and regional FOIA staff continue to use a common drive to share FOIA records between EBSA offices for redaction purposes.

EBSA routinely uses cloud-based secure file sharing technology including with requestors to reduce the response times associated with the receipt of postal mail.

EBSA has routinely used electronic meeting platforms to train and assist the regional and program offices.

Several FOIA requests involved Cloud e-discovery searches conducted by our technology office, including for email searches. However, these massive email searches produce enormous amounts of non-responsive material which is included amongst the responsive records. The search and identification of the electronic records adds more work, time processing the records, and cost associated with the search.

MSHA began using the Department's new and more robust FOIA tracking system, FOIAXpress, which provides many benefits and which has greatly improved the accuracy and efficiency of FOIA processing and reporting. The agency worked with OCIO to build MSHA's current FOIA workflow into the new tracking system. Weekly training and workshops were held to assist FOIA Coordinators in mastering the system and experience the administrative efficiencies that are built into the system.

In addition, MSHA's FOIA Coordinators used a shared drive to share standardized letters, responsive records for consultation, and excel spreadsheets to track overdue requests. Sharing files facilitates efficiency by organizing files and making them easier to access. MSHA's FOIA Officer consults with OCIO to conduct complex email searches.

DOL launched FOIAXpress, a tracking system for the Department's FOIA requests on October 2020. In addition, OCIO has developed the ESI program to efficiently search for and deliver data as requested by requestors, which can search both Cloud based and network searches. Cloud based searches consist of e-mail and other cloud based data. These searches are executed using the Department's ESI process tools within Microsoft Office 365. Other searches of physical machines and other network storage are executed via the use of DT search software.

OASAM'S Civil Rights Center (CRC) is slowly moving to an electronic case management system. Many case files are being scanned into an electronic format, and CRC is working on reaching 100% electronic record compliance.

Within OWCP, DEEOIC National Office has implemented the use of a SharePoint for FOIA request processing. This allows DEEOIC officials and staff members to upload responsive emails and other records to an electronic FOIA request record central location. Here, others can view the responsive records that have already been located. Uploading responsive emails and other records to SharePoint reduces the number of duplicative records and search time for others. Additionally, DEEOIC National Office has implemented the use of SharePoint in the FOIA response review process, which is a more efficient process than passing FOIA request paper-folders back-and-forth regarding needed edits to finalize responses to FOIA requests.

In addition, the DEEOIC National Office utilizes Adobe Acrobat software for electronic redactions of protected sensitive information, exempt under the FOIA statutory exemptions.

In 2020, WB FOIA staff participated in a targeted DOL-wide training and testing of a new DOL FOIAXpress case management system designed to replace DOL's former FOIA tracking system. The new system offers improved technology features, enhanced FOIA Tracking functionality, workflow processes, reporting capabilities, ability to communicate with requesters directly, redact records, and process fees in a more comprehensive and efficient manner.

WB utilized technology such as MS Word, MS Outlook, and SIMS-Correspondence to facilitate efficiency in conducting electronic searches including email, etc., tracking, and reporting.