Question: Following an explosion and fire at an employer's petrochemical facility, OSHA investigators interviewed numerous employees of the company. While OSHA's investigation was still pending, the company sent the agency a Freedom of Information Act (FOIA) request, asking for transcriptions of all witness statements taken by the investigators. When OSHA declined to provide these statements, the company sued, seeking a writ of mandamus that would require the agency to comply with the FOIA request.
What policy considerations favor requiring OSHA to provide the company with copies of these statements? What policy considerations are against requiring disclosure? Do these policy considerations change in any way as the underlying case progresses from the investigative to later stages in OSHA's procedures? Are there constitutional considerations involved? See Cooper Cameron Corp. v. U.S. Dept. of Labor [118 F. Supp.25 757 (S.D. Texas 2000)]; see also Freedom of Information Act [5 U.S.C. 552 (West 2000)].