[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]
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