http://www.fmshrc.gov/plans/strategicplan121907.pdf Federal Mine Safety and Health Review Commission FMSHRC It is our hope that in fulfilling its responsibilities under the Act, the Commission will provide just and expeditious resolution of disputes, and will develop a uniform and comprehensive interpretation of the law. Such actions will provide guidance to the Secretary in enforcing the Act and to the mining industry and miners in appreciating their responsibilities under the law. The Federal Mine Safety and Health Review Commission ("Commission") is an independent adjudicatory agency charged with resolving disputes arising from the enforcement of occupational safety and health standards in the nation’s mines. Under its enabling statute, the Federal Mine Safety and Health Act of 1977 ("Mine Act"), as amended, the Commission does not regulate the mining industry, nor does it enforce the Mine Act; those functions are delegated to the Secretary of Labor acting through the Mine Safety and Health Administration (MSHA). The Commission’s mission is to provide just, speedy, and articulate adjudication of proceedings authorized under the Mine Act, thereby enhancing compliance with the Act and contributing to the improved health and safety of the nation’s miners. I Case Adjudication Ensure expeditious, fair, and legally sound adjudication of cases at the trial and appellate levels. Timely DecisionsEnsure Timely Issuance of Decisions Performance Goals–Trials: Manage the case assignment process to assure that initial filings and response time frames are adhered to, resulting in case assignment averages that are less than the time frames in the Commission’s procedural rules. Issue decisions on more than 90 percent of the cases in which hearings are held within 180 days of receipt of post-hearing briefs. Issue more than 90 percent of all settlement decisions within 60 days of receipt of settlement motions. Decide more than 90 percent of all cases within 15 months of assignment to an ALJ. Decide, on average, all cases, within 365 days from receipt by the Commission. Objective–Ensure Timely Issuance of Decisions Performance Measures–Trials: Manage the case assignment process to assure that initial filings and response time frames are adhered to, resulting in a decisional process that falls within the time frames in the Commission’s procedural rules. Performance Goals–Appeals: All Commission cases will be assigned before briefing is completed. All Commission cases will be decided within 18 months of receipt. The average age of substantive decisions will be maintained at 12 months or less. Strategies: Prioritize the Decisional Process The Commission will continue to concentrate on its oldest cases at both the trial and appellate levels. Through the use of enhanced automated case tracking systems, it will identify each case as it proceeds through the decisional process at both the trial and appellate levels. Periodic review of the status of each case against predetermined time standards will identify those cases that may need additional attention. Judges and Commissioners can thereby prioritize their work to facilitate the issuance of opinions. The Commission will also continue to review at the trial and appellate levels new cases that may be susceptible of quick resolution. Through early identification in the adjudicatory process, these cases are most often disposed of by the Chief ALJ at the trial level and through expedited drafting and decisional procedures at the appellate level. Additionally, the Commission plans to promulgate regulations governing case settlement procedures and anticipates establishing a corps of retired ALJs who, on a contract basis, will supervise settlement negotiations in those cases determined to be likely candidates for settlement. The Commission will reestablish its law clerkship program to provide research and drafting assistance to its ALJs and assist in the efficient management of each judge’s docket. The Commission will continue at the trial level to use "calendar calling" where cases involving an individual company are grouped together. Pre-hearing initiatives such as conference calls with the parties will continue to be utilized to settle or narrow issues. IIOrganizational ManagementManage the Commission’s human resources, operations, facilities, and IT systems to ensure a continually improving, effective, and efficient organization. EffectivenessEnsure Organizational and Management EffectivenessPerformance Goals: At least every three years review and revise the strategic plan through annual performance goals, objectives and performance measures to assure public awareness, and to guide individual and organizational efforts. Objective—Provide Effective Information Technology Systems Performance Goals: Maintain and enhance secure electronic information systems for case management, legal research, management operations support, public access to data through the internet, and continuity of the Commission’s operations during national emergencies or natural disasters which may disrupt normal office operations. Ensure that the Commission’s IT structure is maintained according to the latest recommendations of the National Institute of Standards and Technology (NIST) with respect to the security of the agency’s network. Move aggressively to a system of "paperless" filing and records management. Objective—Sustain a High Performing Workforce Performance Goals: Recruit, train, and retain a diverse workforce of skilled, highly motivated employees to effectively and efficiently accomplish the Commission’s mission. Strategies: Maintain and Enhance an Information Technology Program - Integral to achieving its objectives, the Commission decision makers and support personnel must have a modern computerized information technology system. This system is necessary to produce Commission decisions, to ascertain immediately the status of any case on the Commission’s docket, to research issues electronically from various legal data bases and to provide public access to the Commission’s decisions and procedures. The system must also assure that appropriate Commission personnel have ready access to all data necessary to carry out their responsibilities during emergencies. The Commission’s strategy for improving its information technology is to: Continue to maintain and enhance the case tracking system. Increase the availability of new Commission decisions by electronically distributing its decisions and immediately posting them on the Commission’s website. Maintain a secure website, accessible to the disabled, containing Commission policies, procedures, and a researchable database of Commission decisions dating back to the Commission’s inception. Provide a secure computer network infrastructure with up-to-date hardware and software to facilitate the Commission’s electronic data processing needs. Arrange for offsite electronic storage of the Commission’s database according to a Continuity of Operation Plan (COOP) and provide access to material in that database, as appropriate, by authorized Commission personnel. Aggressively move toward the electronic filing of documents by those parties appearing before the Commission with the goal of establishing a "paperless" adjudicative system. Improve Human Resources Management - The Commission’s strategy for improving its human resources management is to: Conduct a human resources management program to assure that a diverse, highly qualified workforce is adequately trained and accountable in performing the mission and objectives of the agency. Reestablish the Commission’s law clerkship program beginning in FY 2008 with the hiring of four full-time law clerks for terms of two years each. Utilize retired ALJs as settlement judges on a contract basis to facilitate the resolution of cases that can be disposed of short of a full trial-type hearing. Promote Employee Accountability - Employee accountability in an adjudicative agency presents unique challenges in that ALJs and Commissioners are not subject to individual performance standards. Nevertheless, the Commission will strive to achieve the goals of its strategic plan and annual performance plan by: Providing all employees with copies of the strategic plan, annual performance plans, and annual accomplishment reports. Including accountable goals in individual performance standards where appropriate. Appropriately monitoring individual performance, adjusting individual workloads, and assisting with work assignments as appropriate. Disseminating to employees monthly reports on the progress in achieving the Commission’s goals and objectives.