[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Notices]
[Pages 62627-62629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26276]



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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-10.

DATES: Comments must be received by OSHRC on or before January 3, 2019. 
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: oshrc.gov">rbailey@oshrc.gov. 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 oshrc.gov">rbailey@oshrc.gov.

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. OSHRC 
is revising the name of OSHRC-10--currently ``Database of Commission 
and ALJ Decisions on OSHRC website''--to ``Database of Commission and 
ALJ Decisions, and other case-related documents, on OSHRC website.'' 
The purpose of this revision is to reflect that, in addition to 
Commission and Administrative Law Judge (ALJ) decisions, other case-
related materials are posted on oshrc.gov, mostly on the e-FOIA Reading 
Room and Open Government web pages. Also, through OSHRC's website, 
members of the public may subscribe to ``E-Alerts,'' a service which 
provides updates via the individual's email when new information is 
posted on the website, including Commission and ALJ decisions and 
documents on the Open Government web page. This system, therefore, 
maintains a listing of the names of individuals who subscribe to this 
service and their email addresses. In addition, the system location, 
storage location and safeguards, and the retention and disposal policy 
have been revised to account for a new web server location--
Americaneagle.com. Further, the system manager has been revised to 
account for a change in the name of the pertinent position within the 
agency.
    Finally, 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. 
With one exception, 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 one substantive change is the revision to a routine use 
that permits disclosure of records to the Government Printing Office to 
allow for publication of decisions on the Commission's website. With 
the change in web server location and the expansion of documents posted 
on oshrc.gov, this routine use has been revised to allow for disclosure 
of Commission and ALJ decisions, and case-related documents, to 
Americaneagle.com.
    Finally, due to a previous rescission of a system-of-records 
notice, OSHRC-8 currently has no system of records assigned to it. 
OSHRC-10 is thus being renumbered as OSHRC-8.
    The notice for OSHRC-8, provided below in its entirety, is as 
follows.

SYSTEM NAME AND NUMBER:
    Database of Commission and ALJ Decisions, and Other Case-Related 
Documents, on OSHRC website, OSHRC-8.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are located on a web server at Americaneagle.com, 2600 
South River Road, DES Plaines, IL 60018. The Office of the Executive 
Director is responsible for the records in this system. The office is 
located at 1120 20th Street NW, Ninth Floor, Washington, DC 20036-3457.

SYSTEM MANAGER(S):
    Supervisory Information Technology Specialist, OSHRC, 1120 20th 
Street NW, Ninth Floor, Washington, DC 20036-3457; (202) 606-5100.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 552; 29 U.S.C. 661(g); OMB Memorandum M-10-06; OMB 
Memorandum M-16-16.

PURPOSE(S) OF THE SYSTEM:
    This system of records is maintained in order to make Commission 
and ALJ decisions, as well as other case-related documents, more 
accessible to the public and agency employees.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system of records covers all individuals referenced and 
described in Commission and ALJ decisions, and other case-related 
documents posted on OSHRC's website, including sole proprietors who 
were cited by OSHA, employees and other witnesses, attorney and non-
attorney representatives of each party, and the Commissioners and ALJs. 
This system also covers individuals who subscribe to ``E-Alerts'' on 
OSHRC's website.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system of records includes final decisions issued by the 
Commission since 1972, and final decisions issued by the ALJs since 
1993. This system also includes documents posted on OSHRC's Open 
Government web page, including select orders issued by ALJs and the 
Commission, briefing notices issued since 2010, listings of new cases 
received since 2010, and monthly docket reports issued since 2010. In 
addition, this system includes certain documents posted in OSHRC's e-
FOIA Reading Room, including case filings in select Commission cases. 
The documents may contain the following information: (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; and (3) the 
names and job titles of the Commissioners and ALJs. Finally, this 
system includes a separate database that contains the names and email 
addresses of those individuals who subscribe to ``E-Alerts.''

RECORD SOURCE CATEGORIES:
    Information in this system of records is derived from case records 
that are

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developed during litigation before the Commission and/or the ALJs and, 
thus, the information may come from individuals who are the subjects of 
the records or from other sources. Information--names and email 
addresses--also comes from individuals who subscribe to ``E-Alerts.''

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.
    (14) To the public, via OSHRC's website, pursuant to 29 U.S.C. 
661(g), which states that ``[e]very official act of the Commission 
shall be entered of record, and its hearings and records shall be open 
to the public.'' Only personal information that is relevant and 
necessary to the disposition of OSHRC cases will be included in these 
decisions.
    (15) To Americaneagle.com to make certain that decisions published 
on OSHRC's website are current.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored on a web server located at Americaneagle.com.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are listed on OSHRC's website by case name, docket number, 
and date, and can also be retrieved by using the search engine on the 
website's homepage to conduct a simplified Boolean search. Records are 
also retrievable by the names and email addresses of those who 
subscribe to ``E-Alerts.''

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with OSHRC 
Records Control Schedule N1-455-11-003.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    OSHRC requests updates for its website through a secure portal 
which in turn updates a queue for posting by Americaneagle.com. 
Americaneagle.com secures information on the web server in accordance 
with federal standards. Access to the names and

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email addresses of those who subscribe to ``E-Alerts'' is limited to 
system administrators.

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:
    September 24, 2007, 72 FR 54301; August 4, 2008, 73 FR 45256; 
October 5, 2015, 80 FR 60182; and September 28, 2017, 82 FR 45324.

    Dated: November 26, 2018.
Nadine N. Mancini,
General Counsel, Senior Agency Official for Privacy.
[FR Doc. 2018-26276 Filed 12-3-18; 8:45 am]
BILLING CODE 7600-01-P