[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54789-54791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23729]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Notice of a Modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Occupational 
Safety and Health Review Commission (OSHRC) is revising the notice for 
Privacy Act system-of-records OSHRC-5.

DATES: Comments must be received by OSHRC on or before November 30, 
2018. The revised system of records will become effective on that date, 
without any further notice in the Federal Register, unless comments or 
government approval procedures necessitate otherwise.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``PRIVACY ACT SYSTEM OF 
RECORDS'' in the subject line of the message.
     Fax: (202) 606-5417.
     Mail: One Lafayette Centre, 1120 20th Street NW, Ninth 
Floor, Washington, DC 20036-3457.
     Hand Delivery/Courier: Same as mailing address.
    Instructions: All submissions must include your name, return 
address, and email address, if applicable. Please clearly label 
submissions as ``PRIVACY ACT SYSTEM OF RECORDS.''

FOR FURTHER INFORMATION CONTACT: Ron Bailey, Attorney-Advisor, Office 
of the General Counsel, via telephone at (202) 606-5410, or via email 
at [email protected].

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, 5 U.S.C. 
552a(e)(4), requires federal agencies such as OSHRC to publish in the 
Federal Register notice of any new or modified system of records. As 
detailed below, OSHRC is revising Office of the General Counsel 
Records, OSHRC-5, to accurately reflect the authorities for maintaining 
this system and its categories of records; to revise storage, 
safeguarding, and retrieval methods based on changes in practices; and 
to incorporate references to applicable General Records Schedules for 
disposal of records. In addition, OSHRC has previously relied on 
blanket routine uses to describe the circumstances under which records 
may be disclosed. Going forward, as revised notices are published for 
new and modified systems of records, a full description of the routine 
uses--rather than a reference to blanket routine uses--will be included 
in each notice. This is simply a change in format that has not resulted 
in any substantive changes to the routine uses for this system of 
records.
    The notice for OSHRC-5, provided below in its entirety, is as 
follows.

System Name and Number:
Office of the General Counsel Records, OSHRC-5.

Security Classification:
    None.

System Location:
    Office of the General Counsel, OSHRC, 1120 20th Street NW, Ninth 
Floor, Washington, DC 20036-3457.

System Manager(s):
    Office of the General Counsel, OSHRC, 1120 20th Street NW, Ninth 
Floor, Washington, DC 20036-3457; (202) 606-5100.

Authority for Maintenance of the System:
    5 U.S.C. 301; 5 U.S.C. 552; 29 U.S.C. 661; 44 U.S.C. 3101.

Purpose(s) of the System:
    This system of records is maintained to assist management in making 
decisions with respect to case processing activities; to assist OSHRC 
attorneys in organizing their work product; and to assist in other 
matters assigned to the Office of the General Counsel, such as 
processing FOIA requests.

Categories of Individuals Covered by the System:
    This system of records covers current and former OSHRC attorneys 
(including supervising attorneys), Commission members, and 
Administrative Law Judges (ALJs); Freedom of Information Act 
requesters; and parties in cases that have been, or presently are, 
before OSHRC.

[[Page 54790]]

Categories of Records in the System:
    This system of records contains documents--filings and other 
materials--pertaining to cases before OSHRC. These documents may 
include the following categories of records: (1) The names and 
locations (city and state) of the individuals representing each party; 
(2) the names of sole proprietors cited by OSHA, as well as employees 
and other witnesses, and information describing those individuals, 
including job title and duties, medical history, and other descriptive 
information that is relevant to the disposition of a case; (3) the 
names and job titles of the Commissioners and ALJs. This system also 
contains other matters that have been assigned to the Office of the 
General Counsel for processing, such as FOIA requests, which include 
the names of FOIA requesters, contact information, and information 
concerning the requests. Finally, this system includes documents 
necessary for managerial oversite, such as charts relating to workflow 
and teleworking. These documents may include the names of OSHRC 
employees and the cases assigned to them, as well as the employees' 
contact information.

Record Source Categories:
    Information in this system is derived from the individual to whom 
it applies or is derived from case processing records maintained by the 
Office of the Executive Secretary and the Office of the General 
Counsel.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and Purposes of Such Uses:
    In addition to disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records or information contained in 
this system of records may be disclosed as a routine use pursuant to 5 
U.S.C. 552a(b)(3) under the circumstances or for the purposes described 
below, to the extent such disclosures are compatible with the purposes 
for which the information was collected:
    (1) To the Department of Justice (DOJ), or to a court or 
adjudicative body before which OSHRC is authorized to appear, when any 
of the following entities or individuals--(a) OSHRC, or any of its 
components; (b) any employee of OSHRC in his or her official capacity; 
(c) any employee of OSHRC in his or her individual capacity where DOJ 
(or OSHRC where it is authorized to do so) has agreed to represent the 
employee; or (d) the United States, where OSHRC determines that 
litigation is likely to affect OSHRC or any of its components--is a 
party to litigation or has an interest in such litigation, and OSHRC 
determines that the use of such records by DOJ, or by a court or other 
tribunal, or another party before such tribunal, is relevant and 
necessary to the litigation.
    (2) To an appropriate agency, whether federal, state, local, or 
foreign, charged with investigating or prosecuting a violation or 
enforcing or implementing a law, rule, regulation, or order, when a 
record, either on its face or in conjunction with other information, 
indicates a violation or potential violation of law, which includes 
civil, criminal or regulatory violations, and such disclosure is proper 
and consistent with the official duties of the person making the 
disclosure.
    (3) To a federal, state, or local agency maintaining civil, 
criminal or other relevant enforcement information, such as current 
licenses, if necessary to obtain information relevant to an OSHRC 
decision concerning the hiring, appointment, or retention of an 
employee; the issuance, renewal, suspension, or revocation of a 
security clearance; the execution of a security or suitability 
investigation; the letting of a contract; or the issuance of a license, 
grant or other benefit.
    (4) To a federal, state, or local agency, in response to that 
agency's request for a record, and only to the extent that the 
information is relevant and necessary to the requesting agency's 
decision in the matter, if the record is sought in connection with the 
hiring, appointment, or retention of an employee; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract; or the issuance of a license, grant or other benefit by the 
requesting agency.
    (5) To an authorized appeal grievance examiner, formal complaints 
manager, equal employment opportunity investigator, arbitrator, or 
other duly authorized official engaged in investigation or settlement 
of a grievance, complaint, or appeal filed by an employee, only to the 
extent that the information is relevant and necessary to the case or 
matter.
    (6) To OPM in accordance with the agency's responsibilities for 
evaluation and oversight of federal personnel management.
    (7) To officers and employees of a federal agency for the purpose 
of conducting an audit, but only to the extent that the record is 
relevant and necessary to this purpose.
    (8) To OMB in connection with the review of private relief 
legislation at any stage of the legislative coordination and clearance 
process, as set forth in Circular No. A-19.
    (9) To a Member of Congress or to a person on his or her staff 
acting on the Member's behalf when a written request is made on behalf 
and at the behest of the individual who is the subject of the record.
    (10) To the National Archives and Records Administration (NARA) for 
records management inspections and such other purposes conducted under 
the authority of 44 U.S.C. 2904 and 2906.
    (11) To appropriate agencies, entities, and persons when: (a) OSHRC 
suspects or has confirmed that there has been a breach of the system of 
records; (b) OSHRC has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, OSHRC, the 
Federal Government, or national security; and (c) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with OSHRC's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    (12) To NARA, Office of Government Information Services (OGIS), to 
the extent necessary to fulfill its responsibilities in 5 U.S.C. 
552(h), to review administrative agency policies, procedures and 
compliance with FOIA, and to facilitate OGIS' offering of mediation 
services to resolve disputes between persons making FOIA requests and 
administrative agencies.
    (13) To another federal agency or federal entity, when OSHRC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (a) responding to 
a suspected or confirmed breach or (b) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.

Policies and Practices for Storage of Records:
    Records are stored on paper in offices and file cabinets at OSHRC's 
National Office in Washington, DC, and electronically on an access-
restricted shared OSHRC drive.

Policies and Practices for Retrieval of Records:
    Records may be retrieved manually or electronically by case name, 
docket number, name of OSHRC attorney or supervising attorney, or by 
the names of other individuals, such as FOIA requesters.

[[Page 54791]]

Policies and Practices for Retention and Disposal of Records:
    Paper and electronic records are maintained in accordance with 
General Records Schedules 4.2 and 5.1, or for as long as needed for 
business use.

Administrative, Technical, and Physical Safeguards:
    Paper records are maintained in offices and file cabinets. During 
duty hours, the records are under surveillance of personnel charged 
with their custody. After duty hours, the offices are accessible only 
using an office key or access card. Access to electronic records 
maintained on an OSHRC shared drive is restricted to personnel who 
require access to perform their official functions.

Record Access Procedures:
    Individuals who wish to gain access to their records should notify: 
Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, Washington, 
DC 20036-3457. For an explanation on how such requests should be 
drafted, refer to 29 CFR 2400.6 (procedures for requesting records).

Contesting Record Procedures:
    Individuals who wish to contest their records should notify: 
Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, Washington, 
DC 20036-3457. For an explanation on the specific procedures for 
contesting the contents of a record, refer to 29 CFR 2400.8 (Procedures 
for requesting amendment), and 29 CFR 2400.9 (Procedures for 
appealing).

Notification Procedures:
    Individuals interested in inquiring about their records should 
notify: Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, 
Washington, DC 20036-3457. For an explanation on how such requests 
should be drafted, refer to 29 CFR 2400.5 (notification), and 29 CFR 
2400.6 (procedures for requesting records).

Exemptions Promulgated for the System:
    None.

History:
    April 14, 2006, 71 FR 19556; August 4, 2008, 73 FR 45256; October 
5, 2015, 80 FR 60182; and September 28, 2017, 82 FR 45324.

    Dated: October 24, 2018.
Nadine N. Mancini,
General Counsel, Senior Agency Official for Privacy.
[FR Doc. 2018-23729 Filed 10-30-18; 8:45 am]
 BILLING CODE 7600-01-P