Milbrand v. Dep't of Labor, No. 17-13237, 2018 WL 3770053 (E.D. Mich. August 9, 2018) (Steeh, J.)

Milbrand v. Dep't of Labor, No. 17-13237, 2018 WL 3770053 (E.D. Mich. August 9, 2018) (Steeh, J.)

Re:  Request for records regarding Compliance Safety and Health Officers (CSHO)

Disposition:  Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment and motion to amend complaint

• Procedural Requirements, Adequacy of Search: In response to the plaintiff's argument that "OSHA should have the email addresses for state plan CSHOs," the court explains that "plaintiff's speculation that records should exist is not sufficient to rebut Defendant's showing that it conducted a reasonable search."
   
• Exemption 6:  As to withheld email addresses of federal CSHOs, the court explains, "federal CSHOs are responsible for inspecting work sites, investigating complaints about workplace health and safety, and issuing citations."  "In light of their work in an investigative capacity, the release of their business email addresses exposes them to the risk of harassment and implicates a substantial privacy interest."  The court finds that there is no cognizable FOIA public interest "'in identifying a federal employee by name in order to make contact or conduct interviews,' as Plaintiff intends to do so here."  "'Such a use . . . facilitates the invasion of the employee's personal privacy."