My Freedom of Information Act Requests

May 22, 1997

 

Commander Puget Sound Naval Shipyard

Department of the Navy Puget Sound Naval Shipyard

1400 Farragut Ave

Bremerton, WA 98314-5000

 

Ref: Freedom of Information Request

Workers Compensation Claim

File Number: 140320904

 

Dear Sir,

 

This is a Freedom of Information Request for information I need for my workers' compensation claim, File Number 140320904.

 

I request the total number of diagnosed cases of Chronic Myelogenous Leukemia and other leukemias that occurred to Puget Sound Naval Shipyard employees from 1988 through 1993. OSHA regulations require that these records be kept. I request the dates of each reported case of Chronic Myelogenous Leukemia during this period. I request a summary of all cases of leukemia by type and date reported for this period. I request the name of the shop or office of the affected employees. The scope of my request is for all employees of Puget Sound Naval Shipyard for the period of January 1988 through December 1993. I believe the Naval Hospital OSHA Office maintains this information.

 

Very truly yours,

 

Robert F. Farmer

DEPARTMENT OF THE NAVY

OFFICE OF THE GENERAL COUNSEL

COUNSEL FOR THE

NORTHWEST AREA NAVAL SEA SYSTEMS COMMAND

PUGET SOUND NAVAL SHIPYARD

1400 FARRAGUT AVENUE

BREMERTON, WASHINGTON 98314-5001

 

5720

Ser 1130/F97-041

June 27, 1997

 

Dear Mr. Farmer:

 

Your Freedom of Information Act request of May 22, 1997, was received in this office May 27, 1997.

 

Your request for diagnosed cases of Chronic Myelogenous Leukemia and other leukemias occurring in Puget Sound Naval Shipyard employees from 1988 through 1993 is under the cognizance of the Naval Hospital Bremerton. Accordingly, we have referred your letter to that office for action and direct response to you. If you have any questions, please call me at (360) 476-6597.

 

Sincerely,

 

PENELOPE BARROW

FOIA/Privacy Act Coordinator

DEPARTMENT OF THE NAVY

NAVAL HOSPITAL

BOONE ROAD

BREMERTON, WASHINGTON 98312-1898

 

5720

Ser 00Al4/01569

4 Jun 97

 

Dear Mr. Farmer:

This responds to your Freedom of Information Act (FOIA) request of May 22, 1997. It was forwarded by the Office of Counsel, Puget Sound Naval Shipyard (PSNS) and received at Naval Hospital, Bremerton on May 27, 1997. It is my understanding that you seek all information Naval Hospital, Bremerton may be maintaining regarding the total number of diagnosed cases of Chronic Myelogenous Leukemia and other leukemias that occurred to PSNS employees from 1988 to 1993.

 

A search of our records has failed to disclose information responsive to your request. Since FOIA does not require agencies to create or compile a record not already in existence to satisfy a FOIA request, no further action is deemed appropriate and your request is returned.

 

If you believe an adequate search for responsive records was not accomplished, you may file an appeal with the Judge Advocate General, Navy Department, 200 Stovall Street, Alexandra, VA 22332-2400. The appeal must be received in that office within 60 calendar days from the date of this letter to be considered.

 

The enclosed copy of this letter should be attached along with a statement as to why you believe an adequate search has not been conducted. It is recommended that the letter of appeal and the envelope bear the notation "Freedom of Information Act Appeal".

Please contact me or my assistant, Nancy Allpress, at (360) 478-9644 if you have any questions. The fees associated with the processing of your request have been waived.

 

Sincerely,

 

MONIQUE A. S. ALLEN

Lieutenant, JAGC, U.S. Naval Reserve

Command Judge Advocate

By direction of the

Commanding Officer

June 29, 1997

 

Department of the Navy

Naval Hospital

Boone Road

Bremerton, Washington

98312-1898

 

Monique A. S. Allen

Lieutenant, JAGC, U.S. Naval Reserve

Command Judge Advocate

 

Ref: Letter of denial

5720

Ser 00Al4/01569

4 Jun 97

Dear Monique A. S. Allen

 

I request your reconsideration of the denial of my FOIA request in accordance with the following regulations:

• OSHA Regulations (Standards - 29 CFR)
• Log and summary of occupational injuries and illnesses
• Occupational Injury and Illness Classification Manual: Section 2 

3134 Leukemias

lymphoid, myeloid

monocyctic, Di Guglielmo's disease

erythremic myelosis, Heilmeyer-Schoner disease

I will be satisfied by being allowed to personally review the log and summary of all recordable occupational injuries and illnesses to extract the data requested in my original FOIA request.

 

Very truly yours,

 

Robert F. Farmer

DEPARTMENT OF THE NAVY

NAVAL HOSPITAL

BOONE ROAD

BREMERTON, WASHINGTON 98312-1898

 

5720

Ser 00A14/01683

10 Jul 97

 

Dear Mr. Farmer:

This responds to your letter of June 29, 1997 that was received at Naval Hospital, Bremerton on July 2, 1997. In your letter you ask that I reconsider your previous Freedom of Information Act (FOIA) request.

 

In my letter of June 4, 1997, I stated that a search of our records failed to disclose information responsive to your request. You were advised at that time to file an appeal with the Judge Advocate General of the Navy if you felt an adequate search by this command had not been accomplished.

 

You now indicate that you will be satisfied by being allowed to review the log and summary of all recordable occupational injuries and illnesses to extract the data requested in your original FOIA request.

 

I regret any inconvenience this may cause, however, it is Code 106 of the Puget Sound Naval Shipyard (PSNS) that maintains an Occupational Injury/Illness data base. Accordingly, we are referring your request back to the Office of Counsel, PSNS for action and direct response to you.

 

Sincerely,

 

MONIQUE A. S. ALLEN

Lieutenant, JAGC, U.S. Naval Reserve

Command Judge Advocate

 

By direction of the Commanding Officer

DEPARTMENT OF THE NAVY

OFFICE OF THE GENERAL COUNSEL

COUNSEL FOR THE

NORTHWEST AREA NAVAL SEA SYSTEMS COMMAND

PUGET SOUND NAVAL SHIPYARD

1400 FARRAGUT AVENUE

BREMERTON, WASHINGTON 98314-5001

 

5720

Ser 1130/F97-048

 

July 18,1997

 

Dear Mr. Farmer:

 

This responds to your Freedom of Information Act (FOIA) request of June 29,1997, received in this office July 3,1997, in which you seek the log and summary of all recordable occupational injuries and illnesses in order to extract the data requested in your original FOIA request. In your original letter of June 4, you requested information regarding the total number of diagnosed cases of Chronic Myelogenous Leukemia and other leukemias that occurred to Puget Sound Naval Shipyard (Shipyard) employees from 1988 to 1993.

 

Pursuant to the Code of Federal Regulations, 29 C.F.R.1904.6, occupational injury and illness records must be maintained for five years following the end of the year to which they relate. Therefore, records previous to 1992 are no longer available. Records from 1992 and 1993 were searched by the Environment, Safety and Health Offfice of the Shipyard.

 

The Shipyard's log of occupational injuries and illnesses does not specify or list leukemias, Iymphoid, myeloid, monolytic, erythemic myelosis, or other such diseases by name. It identifies such illnesses as body system disorders which makes them difficult to differentiate by review of the log. The hard copy record for each illness/condition for 1992 and 1993 was reviewed to ensure a thorough search for records responsive to your request. There were no records for the disorders listed above.

 

If you believe an adequate search for responsive records was not accomplished, you may file an appeal with the General Counsel of the Navy, 2211 Jefferson Davis Highway, Arlington, VA 22244-5103. The appeal must be received in that office within 60 calendar days from the date of this letter to be considered. The enclosed copy of this letter should be attached along with a statement as to why you believe an adequate search has not been conducted. It is recommended that the letter of appeal and the envelope both bear the notation "Freedom of Information Act Appeal."

 

The fees associated with the processing of this request are minimal and have been waived.

If you have any questions or concerns regarding your request, please call me at (360) 476-6597.

 

Sincerely,

 

PENELOPE BARROW

FOIA Coordinator

August 14, 1997

 

General Counsel of the Navy

2211 Jefferson Davis Highway,

Arlington, VA 22244-5103

 

Ref:

FOIA Appeal

Letter of denial

5720

Ser 1130/F97-048

 

July 18,1997

 

DEPARTMENT OF THE NAVY

OFFICE OF THE GENERAL COUNSEL

COUNSEL FOR THE

NORTHWEST AREA NAVAL SEA SYSTEMS COMMAND

PUGET SOUND NAVAL SHIPYARD

1400 FARRAGUT AVENUE

BREMERTON, WASHINGTON 98314-5001

 

Dear Sir or Madam:

 

I appeal the denial of my FOIA request in accordance with the following:

• OSHA Regulations (Standards - 29 CFR)
• Log and summary of occupational injuries and illnesses
• Occupational Injury and Illness Classification Manual: Section 2 

3134 Leukemias

lymphoid, myeloid

monocyctic, Di Guglielmo's disease

erythremic myelosis, Heilmeyer-Schoner disease

 

I have been working with Albert E. McFarland . We submitted nearly identical FOIA requests and received nearly identical letters of response from the Navy. We have the same illness. His appeal is dated July 30, 1997. I request that you protect all documents and data held by the Department of Navy or the Department of Labor relative to our requests and claims in accordance with all applicable regulations and laws.

 

Sincerely,

 

Robert F. Farmer

DEPARTMENT OF THE NAVY

OFFICE OF THE GENERAL COUNSEL

WASHINGTON, D.C. 20350-1000

 

SEP 18 1997

 

CERTIFIED MAIL -- RETURN RECEIPT REQUESTED

Mr. Robert E. Farmer

 

Bremerton, WA 98310

 

Dear Mr. Farmer:

This letter is the final administrative adjudication of your Freedom of Information Act (FOIA) appeal of August 14, 1997 from a letter of July 18, 1997 from the Northwest Area Naval Sea Systems Command, Puget Sound Naval Shipyard (PSNSY), Bremerton, Washington.

Your appeal raises the issue of whether PSNSY conducted an adequate search for records of the total number of diagnosed cases of chronic myelogenous leukemia and other leukemias that occurred to Puget Sound Naval Shipyard employees from January 1988 through December 1993.

Upon review, I conclude that PSNSY's search for responsive documents meets the standard of reasonableness as set forth in Oglesby v. Department of Army, 79 F.3d 1172,1185-7 (D.C. Cir. 1996). The search was made by a competent safety and occupational health professional, responsible for the Shipyard's injury/illness record-keeping who reviewed the hard copy of each record on the printed list from the Shipyard's injury and illness base. The Shipyard maintains a log of occupational injuries and illnesses as body system disorders, which is in compliance with 29 CFR 1904.2, although it does not specifically list leukemias, lymphoid, myeloid, monlytic, erythemic myelosis or other such diseases by name. Employers are not required to use the Occupational Injury and Illness Classification Manual developed by the Bureau of Labor Statistics.

Accordingly, this letter constitutes final denial of your appeal by the designated appellate authority for this matter, the Deputy General Counsel of the Navy. Judicial review of this action may be sought as described in 5 U.S.C. § 552 (a)(4)(B)-(G).

Sincerely,

Eugene P. Angrist

Deputy General Counsel