The Center for Investigative Reporting (CIR) v. Department of Labor

I. BACKGROUND

20 A. Plaintiffs’ FOIA Request 21 The Occupational Safety and Health Act of 1970 (the “Act”), 29 U.S.C. § 651 et seq., was 22 enacted “to assure so far as possible every working man and woman in the Nation safe and 23 healthful working conditions . . . .” 29 U.S.C. § 651(b). “To that end, Congress authorized the 24 Secretary of Labor to set mandatory occupational safety and health standards applicable to all 25 businesses affecting interstate commerce.” Gade v. Nat’l Solid Wastes Mgmt. Ass’n, 505 U.S. 88, 26 96 (1992) (citing 29 U.S.C. § 651(b)(3). The Occupational Safety and Health Administration 27 (“OSHA”), a division of the Department of Labor (“DOL”), promulgates and enforces these 1 standards, as well as regulations that require “employers to maintain accurate records of, and to 2 make periodic reports on, work-related deaths, injuries and illnesses . . .” 29 U.S.C. § 655, 3 657(c)(2). 4 Pursuant to DOL’s statutory authority to “develop and maintain an effective program of 5 collection, compilation, and analysis of occupational safety and health statistics,” 29 U.S.C. § 6 673(a), “OSHA requires employers with more than 10 employees to…