[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]
 BILLING CODE 7600-01-P