Notice of Freedom of Information Act Lawsuit
Pursuant to 29 C.F.R. 70.26(h)

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This notice pertains to the 13,000 employers that were identified by the Occupational Safety and Health Administration (OSHA) on February 25, 2002 as having the highest lost workday injury and illness (LWDII) rates based on employer-reported data from calendar year 2000. On October 22, 2003, the Department was sued in the United States District Court for the Southern District of New York under the Freedom Of Information Act to compel disclosure of the 13,000 LWDII rates in The New York Times v. U.S. Department of Labor, No. 03-CV-8334 (SAS). For further information contact: Miriam McD. Miller, Co-Counsel for Administrative Law, Office of the Solicitor, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N-2428, Washington, D.C. 20210; Telephone (202) 693-5500.