[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Notices]
[Pages 38062-38065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18159]



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POSTAL SERVICE


Privacy Act of 1974; System of Records

AGENCY: Postal Service.
ACTION: Advance notice of amendment and proposed addition of four new 
routine uses for an existing system of records; creation of a new 
system of records.

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SUMMARY: The Postal Service proposes to amend USPS Privacy Act System 
of Records 120.210, Personnel Records--Vehicle Maintenance Personnel 
and Operators Records, and to add USPS Privacy Act System of Records 
120.091, Personnel Records--Vehicle Operators Controlled Substance and 
Alcohol Testing Records, to comply with the requirements of the Omnibus 
Transportation Employee Testing Act of 1991 (Pub. L. 102-143). This law 
requires the Postal Service to implement procedures for random, 
reasonable suspicion, post-accident, return-to-duty, and follow-up drug 
and alcohol testing of employees required to have commercial driver's 
licenses, and to create, maintain, and disclose certain subject records 
in conjunction with the implementation of such testing procedures. The 
Postal Service is implementing these procedures through a combination 
of activities: in the field, where testing notifications and certain 
follow-up activities will occur; through a contractor, who will 
maintain the database for employee random testing selection; and 
through postal medical facilities, where most of the actual testing 
will be done and where records of test results and associated follow-up 
actions will be maintained.
    This notice complies with subsection (e)(11) of the Privacy Act, 
which requires agencies to publish advance notice for public comment of 
any use of information in a new system of records or any new use of 
information in an existing system. Any interested party may submit 
written comments on the proposed new uses.

DATES: This proposal will become effective without further notice 
August 24, 1995, unless comments are received that result in a contrary 
determination.

ADDRESSES: Written comments should be mailed or delivered to the 
Records Office, U.S. Postal Service, Room 8831, 475 L'Enfant Plaza SW., 
Washington, DC 20260-5240. Copies of all written comments will be 
available for inspection and photocopying between 8:15 a.m. and 4:45 
p.m., Monday through Friday, at the above address.

FOR FURTHER INFORMATION CONTACT: Sheila Allen, Records Office, (202) 
268-4869.

SUPPLEMENTARY INFORMATION: The Omnibus Transportation Employee Testing 
Act of 1991 requires alcohol and drug testing of safety-sensitive 
employees in the motor vehicle industry. The U.S. Department of 
Transportation (DOT) published rules mandating drug and alcohol misuse 
prevention programs for employers of 50 or more safety-sensitive 
employees, including random, reasonable suspicion, and post-accident 
testing. To comply with these rules, which required implementation 
beginning in January 1995, the Postal Service has developed a 
comprehensive drug and alcohol testing program that will be 
administered by the Vice President of Operations Support and the 
National Medical Director at Postal Service Headquarters.
    For purposes of the DOT regulations, a safety-sensitive employee is 
defined as one who holds a state commercial driver's license (CDL) and 
who drives vehicles in excess of 26,000 pounds gross vehicle weight 
rating (GVWR). The DOT rules cover approximately 10,000 Postal Service 
employees who are required to operate commercial motor vehicles during 
the performance of their jobs. This number includes motor vehicle 
operators, tractor-trailer operators, vehicle mechanics, certain plant 
maintenance mechanics, and some city mail carriers.
    Prior to the DOT mandate, the Postal Service already had in place 
Privacy Act System of Records USPS 120.210, Personnel Records--Vehicle 
Maintenance Personnel and Operators Records. This system covers the 
records of postal employees who operate USPS-owned or USPS-leased 
vehicles and contains various records associated with that function, 
including driver's physical condition; licensing information; driver 
training, testing, and performance; and route and vehicle assignments. 
The records in this system are maintained in the field where postal 
vehicles are operated. These records are used by postal management to 
schedule and monitor the utilization of those vehicles and the 
performance of the drivers.
    Because most of the individuals covered by this system are the same 
as those to be covered by the new DOT 

[[Page 38063]]
regulations, the Postal Service determined that it was appropriate to 
revise USPS 120.210 to incorporate the rules mandated by DOT. As a 
result, necessary changes are made to the sections covering the System 
Locations, Categories of Individuals Covered by the System, Categories 
of Records in the System, Authority for Maintenance of the System, and 
Purpose(s). New Routine Uses 2 through 5 are added; and the Policies 
and Practices for Storing, Retrieving, Accessing, Retaining, and 
Disposing of Records in the System are expanded to reflect the 
specified testing and the associated recordkeeping and reporting 
required by DOT, as well as the participation of the contractor in the 
random employee testing selection process. The title of System Manager 
is changed to Vice President of Operations Support, who issues policy 
and procedures to those field supervisors who are responsible for 
vehicle operator and maintenance assignments, as well as for the 
implementation of certain parts of the new drug and alcohol testing 
procedures.
    Following, in Part I, is the complete text of USPS 120.210.
    A new system of records, USPS 120.091, is also added to cover the 
collection and maintenance of controlled substance and alcohol testing 
records, test results, and related records under the program. These 
records will be kept at postal medical facilities and in the offices of 
certain contract medical officers. Part II contains the notice for the 
new system.
Part I

USPS 120.210
    Personnel Records--Vehicle Maintenance Personnel and Operators 
Records, 120.210.
    [CHANGE TO READ] ``Postal Service vehicle maintenance facilities; 
processing and distribution centers; bulk mail centers; post offices; 
area offices; district offices; Headquarters; and program contractor's 
office.''
    [CHANGE TO READ] ``Current and former postal employees who operate 
or maintain postal vehicles, including those employees required to have 
commercial driver's licenses (CDLs) and who drive vehicles in excess of 
26,000 pounds gross vehicle weight rating (GVWR).''
    [CHANGE TO READ] ``Records relating to individual employee 
operation of USPS-owned or USPS-leased vehicles, including employee 
name; social security number; age; length of service; physical 
condition; qualifications to drive; results of driving tests; vehicle 
and safety training; licensing information (including revocations and 
suspensions); driving habits; route and vehicle assignments; vehicle 
accidents; driving citations and safety awards; notifications of 
substance and alcohol tests, with related checklists and 
correspondence; employee workload; work schedule; performance analysis; 
and work habits.''
    [CHANGE TO READ] ``39 U.S.C. 401; Pub. L. 102-143; and 49 CFR 40 
and 382, 391, 392, 395.''
[CHANGE TO READ]

    ``a. To provide local post office managers, supervisors, and 
transportation managers with information to assign routes and vehicles 
and to adjust workload, schedules, and type of equipment operated.
    b. To serve as a basis for corrective action and presentation of 
safe driving awards.
    c. To comply with the testing and documentation requirements of the 
Omnibus Transportation Employee Testing Act of 1991 (Pub. L. 102-143) 
implementing a controlled substance and alcohol testing program for 
employees required to have commercial driver's licenses (CDLs).''
    General routine use statements a, b, c, d, e, f, g, h, j, k, l, and 
m listed in the prefatory statement at the beginning of the Postal 
Service's published system notices apply to this system.
    [CHANGE TO READ] ``Other routine uses are as follows:
    1. Information in these records provides GSA and Postal Service 
driver credentials.''

[ADD]

    ``2. Information in these records may be provided to the contractor 
responsible for maintaining the database of employees to be selected 
randomly for controlled substance and alcohol testing.
    3. Information in these records may be provided to the Federal 
Highway Administration (FHWA), when requested by the Secretary of 
Transportation; to any U.S. Department of Transportation agency; or to 
any state or local official with regulatory authority over the Postal 
Service or its employees (as authorized by DOT agency regulations).
    4. Information in these records may be provided to the National 
Transportation Safety Board in conjunction with an accident 
investigation.
    5. Information in these records may be provided to the employee or 
to the decisionmaker in a lawsuit, grievance, or other proceeding 
initiated by or on behalf of the employee and arising from the results 
of a controlled substance and/or alcohol test administered under the 
regulations issued by DOT, or from a determination that the employee 
engaged in conduct prohibited by Pub. L. 102-143.''
    [CHANGE TO READ] ``Preprinted forms and paper files (including 
hard-copy computer printouts) and computer files.''
    [CHANGE TO READ] ``Employee name; social security number; facility 
name; vehicle number; route number; and work order number.''
    [CHANGE TO READ] ``Kept in locked file cabinets in secured Postal 
Service and contractor facilities. Access to computer data is 
restricted to authorized contractor personnel.''
[CHANGE TO READ]

    ``a. Destroy the records related to the employee's random selection 
for controlled substance and alcohol testing when the records are 1 
year old.
    b. Destroy the checklists, correspondence, and any other 
documentation related to the employee's testing for controlled 
substances and alcohol when the records are 5 years old.
    c. Destroy records maintained in the database of employees subject 
to Pub. L. 102-143 when the employee separates from the Postal Service 
or is no longer authorized to operate a Postal Service vehicle.
    d. Destroy the remaining records related to the employee's 
operation or maintenance of Postal Service vehicles 4 years from the 
date of separation, transfer (unless requested by new installation or 
agency), expiration of license, rescission of authorization, or 

[[Page 38064]]
transfer of the employee into a nondriving status.''
[CHANGE TO READ] ``VICE PRESIDENT, OPERATIONS SUPPORT, UNITED STATES 
POSTAL SERVICE, 475 L'ENFANT PLAZA SW, WASHINGTON DC 20260-2402''.
    [CHANGE TO READ] ``An employee wanting to know whether information 
about him or her is maintained in this system of records must address 
inquiries to the head of the facility where the employee is employed. 
Inquiries must contain the employee's full name, social security 
number, route number, work station, and facility where employed.''
    Requests for access must be made in accordance with the 
notification procedures above and the Postal Service Privacy Act 
regulations regarding access to records and verification of identity 
under 39 CFR 266.6.
    See Notification Procedures and Record Access Procedures above.
    [CHANGE TO READ] ``Postal Service employees, supervisors, and 
medical staff; state motor vehicle departments; and designated 
contractor(s).''
    Records or information in this system that have been compiled in 
reasonable anticipation of a civil action or proceeding are exempt from 
individual access under 5 U.S.C. 552a(d)(5). In addition, the Postal 
Service has claimed exemption from certain provisions of the Act for 
several of its other systems of records as permitted by 5 U.S.C. 
552a(j) and (k). See 39 CFR 266.9. To the extent that copies of 
exempted records are incorporated into this system, the exemptions 
applicable to the original primary system must continue to apply to the 
incorporated records.
Part II

[ADD]
USPS 120.091
    Personnel Records--Vehicle Operators Controlled Substance and 
Alcohol Testing Records, 120.091.
    Postal Service medical facilities, designee medical offices, and 
program contractor's office.
    Current and former postal employees who are or were required to 
have a commercial driver's license (CDL) and subject to the controlled 
substance and alcohol testing requirements of the Omnibus 
Transportation Employee Testing Act of 1991 (Pub. L. 102-143) as 
mandated by the U.S. Department of Transportation (DOT).
    Employee or applicant name; social security number; work address 
and telephone number; controlled substance and alcohol testing records 
and results, including date, time, and reason for each test; test 
results from former employers; medical personnel assessments of 
employees' test results, recommendations for action, and related 
documentation; employee or applicant statements concerning controlled 
substance and alcohol test results; and documentation of substance 
abuse professionals' (SAPs) determinations of employees' need for 
assistance and employees' compliance with SAPs' recommendations.
    39 U.S.C. 401; Pub. L. 102-143; and 49 CFR 40 and 382, 391, 392, 
395.
    a. To comply with the requirements of the Omnibus Transportation 
Employee Testing Act of 1991 (Pub. L. 102-143) to implement a 
controlled substance and alcohol testing program for employees in 
safety-sensitive positions.
    b. To provide for the uniform collection and compilation of 
controlled substance and alcohol test results for reporting, analysis, 
evaluation, and corrective action.
    General routine use statements a, b, c, d, e, f, j, k, l, and m 
listed in the prefatory statement at the beginning of the Postal 
Service's published system notices apply to this system.
    Other routine uses are as follows:
    1. Information in these records may be provided to the Federal 
Highway Administration (FHWA), when requested by the Secretary of 
Transportation; to any U.S. Department of Transportation agency; or to 
any state or local official with regulatory authority over the Postal 
Service or its employees (as authorized by DOT agency regulations).
    2. Information in these records may be provided to the National 
Transportation Safety Board in conjunction with an accident 
investigation.
    3. Information in these records may be provided to a subsequent 
employer upon receipt of a written request from the employee, or as 
directed by the specific written consent of the employee to an 
identified individual.
    4. Information in these records may be provided to the employee or 
to the decisionmaker in a lawsuit, grievance, or other proceeding 
initiated by or on behalf of the employee and arising from the results 
of a controlled substance and/or alcohol test administered under the 
regulations issued by DOT, or from a determination that the employee 
engaged in conduct prohibited by Pub. L. 102-143.
    Preprinted forms and paper files (including hard-copy computer 
printouts) and computer files.
    Employee or applicant name; social security number; and chain of 
custody form numbers.
    Kept in locked file cabinets in secured Postal Service medical 
units and those of its designees.
    a. Destroy the records related to alcohol test results indicating a 
breath alcohol concentration of 0.02 or greater, verified positive 
controlled substance test results, refusals, medical review officer's 
evaluations, employee statements, and substance abuse professionals' 
evaluations and referrals when the records are 5 years old.
    b. Destroy the records related to alcohol test results indicating a 
breath alcohol concentration of less than 0.02 and negative and 
canceled controlled substance test results when the records are 1 year 
old.
    VICE PRESIDENT, HUMAN RESOURCES, UNITED STATES POSTAL SERVICE, 475 
L'ENFANT PLAZA SW, WASHINGTON DC 20260-4200.
    An employee wanting to know whether information about him or her is 
maintained in this system of records 

[[Page 38065]]
must address inquiries to the head of the facility where the employee 
is employed. Inquiries must contain the employee's or applicant's full 
name, social security number, and facility where employed (or tested).
    Requests for access must be made in accordance with the 
notification procedures above and the Postal Service Privacy Act 
regulations regarding access to records and verification of identity 
under 39 CFR 266.6.
    See Notification Procedures and Record Access Procedures above.
    Postal Service employees, Postal Service medical staff, Postal 
Service designee testing facilities, substance abuse professionals, and 
designated contractors.''
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 95-18159 Filed 7-24-95; 8:45 am]
BILLING CODE 7710-12-P