[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Notices]
[Pages 7406-7408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03836]
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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-4.
DATES: Comments must be received by OSHRC on or before April 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: [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. OSHRC
published a modified system-of-records notice for OSHRC-4 on November
13, 2018, 83 FR 56380. In response to a comment received from the U.S.
Equal Employment Opportunity Commission (EEOC), OSHRC is revising the
opening paragraph to its routine uses to specify that disclosure of
medical and/or genetic information pursuant to these uses is limited by
Section 501 of the Rehabilitation Act of 1973 and Title II of the
Genetic Information Nondiscrimination Act (GINA) of 2008. These
statutes and the regulations implementing them, as set forth in 29 CFR
pt. 1630 (Rehabilitation Act) and 29 CFR pt. 1635 (GINA), specify the
circumstances under which federal agencies may disclose protected
medical and/or genetic information. Pointing to Routine Uses 3 and 4 as
examples, the EEOC commented that, as currently drafted, the system-of-
records notice ``would permit disclosure of protected medical and/or
genetic information in system records in circumstances beyond what the
Rehabilitation Act and GINA permit.'' As detailed below, OSHRC is
revising the opening paragraph to its routine uses to limit disclosure
of such information in accordance with these statutory and regulatory
requirements.
The revised routine use section of OSHRC-4 is provided below.
SYSTEM NAME AND NUMBER
Payroll and Related Records, OSHRC-4.
Security Classification:
None.
System Location:
(1) Paper and electronic files are maintained by the Office of the
Executive Director, OSHRC, 1120 20th Street NW, Ninth Floor,
Washington, DC 20036-3457; (2) pursuant to an interagency agreement,
payroll records are stored electronically by the U.S. Department of
Agriculture, National Finance Center (NFC), P.O. Box 60000, New
Orleans, LA 70160-0001.
System Manager(s):
Human Resources Specialist, OSHRC, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036-3457; (202) 606-5100.
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
[[Page 7407]]
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, and to the
extent disclosure of any medical and/or genetic information is in
compliance with Section 501 of the Rehabilitation Act of 1973 and Title
II of the Genetic Information Nondiscrimination Act (GINA) of 2008.
With respect to medical and genetic information protected under the
Rehabilitation Act and/or GINA, records will be withheld or redacted to
comply with the specific confidentiality and disclosure requirements
set forth by the U.S. Equal Employment Opportunity Commission at 29 CFR
pt. 1630 (Rehabilitation Act) and 29 CFR pt. 1635 (GINA). With these
limitations, records may be disclosed as a routine use:
(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 Internal Revenue Service (IRS) for investigation, and
to private attorneys, pursuant to a power of attorney.
(15) To the IRS, a copy of an employee's Department of the Treasury
Form W-2, Wage and Tax Statement.
(16) To state, city, or other local jurisdictions which are
authorized to tax the employee's compensation, a copy of an employee's
Form W-2. The record will be provided in accordance with a withholding
agreement between the state, city, or other local jurisdiction and the
Department of the Treasury pursuant to 5 U.S.C. 5516, 5517, and 5520,
or in response to a written request from an appropriate official of the
taxing jurisdiction. The request must include a copy of the applicable
statute or ordinance authorizing the taxation of compensation and
should indicate whether the authority of the jurisdiction to tax the
employee is based on place of residence, place of employment, or both.
(17) To a city, copies of executed city tax withholding
certifications, pursuant to a withholding agreement between the city
and the Department of the Treasury (5 U.S.C. 5520), and in response to
written requests from an appropriate city official to OSHRC's Office of
the Executive Director.
(18) To NFC to effect issuance of paychecks via electronic fund
transfers (EFT) to employees, and distribution of allotments and
deductions to financial and other institutions, and for other
authorized purposes.
(19) To the Federal Retirement Thrift Investment Board to update
Section 401K type records and benefits; to the Social Security
Administration to establish social security records and
[[Page 7408]]
benefits; to the Department of Labor, Office of Worker's Compensation
to process compensation claims; to the Department of Defense to adjust
military retirement; to health insurance carriers to process insurance
claims; and to the Department of Veterans Affairs for the purpose of
evaluating veteran's benefits to which the individual may be entitled.
(20) To other federal agencies to effect salary or administrative
offsets, or for other purposes connected with the collection of debts
owed to the United States, pursuant to sections 5 and 10 of the Debt
Collection Act of 1982, as amended by the Debt Collection Improvement
Act of 1996.
(21) To other federal, state, local or foreign agencies conducting
computer matching programs to help eliminate fraud and abuse and to
detect unauthorized overpayments made to individuals. When disclosures
are made as part of computer matching programs, OSHRC will comply with
the Computer Matching and Privacy Protection Act of 1988, and the
Computer Matching and Privacy Protections Amendments of 1990.
(22) To the Office of Child Support Enforcement, Administration for
Children and Families, Department of Health and Human Services, the
names, social security numbers, home addresses, dates of birth, dates
of hire, quarterly earnings, employer identifying information, and
state of hire of employees for the purpose of locating individuals to
establish paternity, identifying sources of income, and for other child
support enforcement actions as required by the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 653(n).
(23) To ``consumer reporting agencies'' as defined in the Fair
Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)) in accordance with 31
U.S.C. 3711(f).
History:
April 14, 2006, 71 FR 19556; August 4, 2008, 73 FR 45256; October
5, 2015, 80 FR 60182; September 28, 2017, 82 FR 45324; November 13,
2018, 83 FR 56380.
Dated: February 25, 2019.
Nadine N. Mancini,
General Counsel, Senior Agency Official for Privacy.
[FR Doc. 2019-03836 Filed 3-1-19; 8:45 am]
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