[Federal Register Volume 90, Number 171 (Monday, September 8, 2025)]
[Notices]
[Pages 43235-43242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17093]
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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 Modified Systems 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 notices for
its Privacy Act system of records.
DATES: Comments must be received by OSHRC on or before October 8, 2025.
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">OSHRC_Privacy@oshrc.gov. Include ``PRIVACY ACT
SYSTEM OF RECORDS'' in the subject line of the message.
Mail: One Lafayette Centre, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036-3457.
[[Page 43236]]
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, Senior Attorney-Advisor,
Office of the General Counsel, via telephone at (202) 606-5410, or via
email at oshrc.gov">OSHRC_Privacy@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.
In each of its nine system-of-records notices (SORNs), OSHRC is
revising the sections on record access procedures, contesting record
procedures, and notification procedures to provide clarity and update
citations to provisions in 29 CFR part 2400. This part, which contains
the agency's Privacy Act regulations, was amended on October 15, 2020,
as described in 85 FR 65221.
OSHRC is making additional revisions to two of its SORNs, OSHRC-4
and OSHRC-8. OSHRC is revising the name of OSHRC-4--currently ``Payroll
and Related Records''--to ``Payroll, Work Schedule, and Related
Records'' to more accurately describe the nature of the records
included in this system. In addition, the notice's section on
categories of records is being revised to include records created and
maintained pursuant to the Federal Employee Paid Leave Act, 5 U.S.C.
6382(d), and its implementing regulations (5 CFR part 630, subpart Q),
as well as records related to telework (such as situational telework
during weather emergencies). Finally, statutory authority for
maintaining leave and telework records has been added to the notice's
section on authorities.
OSHRC is revising the name of OSHRC-8--currently ``Database of
Commission and ALJ Decisions, and other case-related documents, on
OSHRC website''--to ``OSHRC website.'' The purpose of this revision is
to reflect that, in addition to Commission and Administrative Law Judge
(ALJ) decisions and other case-related materials posted on oshrc.gov,
this system includes personally identifiable information (PII) provided
by subscribers to the agency website's ``E-Alerts'' and requesters
seeking agency records through the Freedom of Information Act (FOIA)
(please note that this PII is not accessible to the public when
submitted). In addition, due to changes in website hosting and
modifications to the website itself, including improvements in the
search engine function for the agency's Commission and ALJ decisions
and the added capability to submit FOIA requests online, revisions have
been made to the system's location and purpose; the categories of
individuals covered by the system and the categories of records in that
system; the policies and practices for storage, retrieval, retention
and disposal of records; and the administrative, technical, and
physical safeguards. Further, due to changes in how new material posted
on the website is managed, a routine use has been deleted. Finally,
guidance from the Office of Management and Budget on digital services
and websites has been added to the notice's section on authorities.
The notices for OSHRC-4 and OSHRC-8, provided below in their
entirety, and the modified sections of the other notices--OSHRC-1,
OSHRC-2, OSHRC-3, OSHRC-5, OSHRC-6, OSHRC-7, and OSHRC-9--are as
follows.
SYSTEM NAME AND NUMBER:
Emergency Contact Information, OSHRC-1.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of the Executive Director, OSHRC, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036-3457.
SYSTEM MANAGER(S):
Human Resources Specialist, 1120 20th Street NW, Ninth Floor,
Washington, DC 20036-3457; (202) 606-5100.
* * * * *
RECORD ACCESS PROCEDURES:
Individuals who wish to request 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 2400.4 (procedures for requesting
notification of and access to personal 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 content of a record, refer to 29 CFR 2400.6 (procedures
for amending personal records), and 29 CFR 2400.7 (procedures for
appealing).
NOTIFICATION PROCEDURES:
Individuals interested in requesting notification 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 2400.4 (procedures for
requesting notification of and access to personal records).
* * * * *
HISTORY:
September 21, 2018, 83 FR 47942.
SYSTEM NAME AND NUMBER:
Visitors' Log Records, OSHRC-2.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of the Executive Director, OSHRC, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036-3457.
SYSTEM MANAGER(S):
Administrative Support Assistant, Office of the Executive Director,
OSHRC, 1120 20th Street NW, Ninth Floor, Washington, DC 20036-3457;
(202) 606-5100.
* * * * *
RECORD ACCESS PROCEDURES:
Individuals who wish to request 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 2400.4 (procedures for requesting
notification of and access to personal 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 content of a record, refer to 29 CFR 2400.6 (procedures
for amending personal records), and 29 CFR 2400.7 (procedures for
appealing).
NOTIFICATION PROCEDURES:
Individuals interested in requesting notification 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 2400.4 (procedures for
requesting
[[Page 43237]]
notification of and access to personal records).
* * * * *
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; March 4, 2019,
84 FR 7408.
SYSTEM NAME AND NUMBER:
Transportation Subsidy Program Records, OSHRC-3.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of the Executive Director, OSHRC, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036-3457.
SYSTEM MANAGER(S):
Support Services Specialist, Office of the Executive Director,
OSHRC, 1120 20th Street NW, Ninth Floor, Washington, DC 20036-3457;
(202) 606-5100.
* * * * *
RECORD ACCESS PROCEDURES:
Individuals who wish to request 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 2400.4 (procedures for requesting
notification of and access to personal 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 content of a record, refer to 29 CFR 2400.6 (procedures
for amending personal records), and 29 CFR 2400.7 (procedures for
appealing).
NOTIFICATION PROCEDURES:
Individuals interested in requesting notification 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 2400.4 (procedures for
requesting notification of and access to personal records).
* * * * *
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; July 12, 2018,
83 FR 32331; August 31, 2020, 85 FR 53863.
SYSTEM NAME AND NUMBER:
Payroll, Work Schedule, and Related Records, OSHRC-4.
SECURITY CLASSIFICATION:
Unclassified.
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.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 5 U.S.C. 5101-6506; 26 U.S.C. 6011, 6109; 29 U.S.C.
661; 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
Records are used by OSHRC and NFC employees to maintain payroll,
leave and attendance, and work schedule records for OSHRC employees and
Commission members.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system of records covers current and former employees of OSHRC
and Commission members.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records maintained in this system, and the categories of
records referenced therein, are as follows. (1) direct deposit records
that include the employee's name and signature, address, and telephone
number; the type of depositor account selected for direct deposit, and
the account and routing numbers; and a voided check; (2) tax records
that include the employee's name and signature, social security number,
marital status, and home address; the number of allowances for which
the employee qualifies; and further information which may be required
on state, county, or city withholding certificates; (3) employee
retirement estimates that include the employee's name and social
security number; (4) records maintained pursuant to the Family and
Medical Leave Act and the Federal Employee Paid Leave Act that include
the employee's name, telephone number and email address, signature, and
job description; identity of certain family members and, if a child,
date of birth; and medical information pertinent to leave requests; (5)
telework agreements and self-certification checklists that include the
employee's name, address, and telephone number; and (6) records
necessary for payroll processing by NFC, including those pertaining to
time and attendance and leave records, that may include some or all of
the information specified above, as well as additional information
concerning deductions, salary and benefits.
RECORD SOURCE CATEGORIES:
Information in this system either comes from the individual to whom
it applies or is derived from information compiled by OSHRC employees
performing administrative duties.
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, 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
[[Page 43238]]
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 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
[[Page 43239]]
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).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored on paper in file cabinets at OSHRC's National
Office in Washington, DC, and electronically on an access-restricted
shared OSHRC drive. Records are also stored electronically on the NFC's
personnel/payroll system.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved manually and electronically by name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with NARA's
General Records Schedule 2.4.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Paper records are maintained in locked file cabinets, and access is
limited to personnel who require access to perform their official
functions. Access to electronic records maintained on an OSHRC shared
drive is restricted to personnel who require access to perform their
official functions.
OSHRC records electronically transmitted to its contractor, NFC,
are stored on servers in a secured federal complex with access codes,
security codes, and/or security guards. Access to networks and data
requires a valid username and password and is further restricted to
personnel who have the need to know the information for the performance
of their official duties.
RECORD ACCESS PROCEDURES:
Individuals who wish to request 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 2400.4 (procedures for requesting
notification of and access to personal 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 content of a record, refer to 29 CFR 2400.6 (procedures
for amending personal records), and 29 CFR 2400.7 (procedures for
appealing).
NOTIFICATION PROCEDURES:
Individuals interested in requesting notification 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 2400.4 (procedures for
requesting notification of and access to personal 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; September 28, 2017, 82 FR 45324; November 13,
2018, 83 FR 56380; and March 4, 2019, 84 FR 7406.
SYSTEM NAME AND NUMBER:
Office of the General Counsel Records, OSHRC-5.
SECURITY CLASSIFICATION:
Unclassified.
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.
* * * * *
RECORD ACCESS PROCEDURES:
Individuals who wish to request 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 2400.4 (procedures for requesting
notification of and access to personal 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 content of a record, refer to 29 CFR 2400.6 (procedures
for amending personal records), and 29 CFR 2400.7 (procedures for
appealing).
NOTIFICATION PROCEDURES:
Individuals interested in requesting notification 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 2400.4 (procedures for
requesting notification of and access to personal records).
* * * * *
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; October 31,
2018, 83 FR 54789; and July 11, 2024, 89 FR 56904.
SYSTEM NAME AND NUMBER:
E-Filing/Case Management System, OSHRC-6.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Electronic records are maintained in a government-only cloud within
an Oracle Database, operated by Tyler Federal, LLC, at 44470 Chilum
Place, Ashburn, VA 20148. Paper records are maintained by the Office of
the Executive Secretary, located at 1120 20th Street NW, Ninth Floor,
Washington, DC 20036-3457.
SYSTEM MANAGER(S):
Supervisory Information Technology Specialist (electronic records
contained in the e-filing/case management system) and the Executive
Secretary (all other records), OSHRC, 1120 20th Street NW, Ninth Floor,
Washington, DC 20036-3457; (202) 606-5100.
* * * * *
RECORD ACCESS PROCEDURES:
Individuals who wish to request 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 2400.4 (procedures for requesting
notification of and access to personal 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 content of a record, refer to 29 CFR 2400.6 (procedures
for amending personal records), and 29 CFR 2400.7 (procedures for
appealing).
[[Page 43240]]
NOTIFICATION PROCEDURES:
Individuals interested in requesting notification 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 2400.4 (procedures for
requesting notification of and access to personal records).
* * * * *
HISTORY:
July 7, 2016, 81 FR 44335; September 28, 2017, 82 FR 45324; August
30, 2018, 83 FR 44309; and September 14, 2021, 86 FR 51199.
SYSTEM NAME AND NUMBER:
Personnel Security Records, OSHRC-7.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The Office of the Executive Director maintains the records in this
system. The office is located at 1120 20th Street NW, Ninth Floor,
Washington, DC 20036-3457.
SYSTEM MANAGER(S):
Human Resources Specialist, 1120 20th Street NW, Ninth Floor,
Washington, DC 20036-3457; (202) 606-5100.
* * * * *
RECORD ACCESS PROCEDURES:
Individuals who wish to request 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 2400.4 (procedures for requesting
notification of and access to personal 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 content of a record, refer to 29 CFR 2400.6 (procedures
for amending personal records), and 29 CFR 2400.7 (procedures for
appealing).
NOTIFICATION PROCEDURES:
Individuals interested in requesting notification 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 2400.4 (procedures for
requesting notification of and access to personal records).
* * * * *
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; August 30, 2018,
83 FR 44309; and October 12, 2021, 86 FR 56734.
SYSTEM NAME AND NUMBER:
OSHRC website, OSHRC-8.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
OSHRC's website is hosted by WP Engine, and records from the
website are stored within Google Cloud Platform's data center in
Council Bluffs, Iowa. 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; OMB Memorandum M-23-22; OMB Memorandum M-24-08.
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, and to allow for online
submission of Freedom of Information Act (FOIA) requests.
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
the website, as well as individuals who submit FOIA requests through
the 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. This system also
includes a database that contains the names and email addresses of
those individuals who subscribe to ``E-Alerts.'' Finally, this system
includes a database for submission of online FOIA requests, which may
contain names, residential addresses, email addresses, and personal
telephone numbers, as well as any other personal information that FOIA
requesters enter into an open field to describe their requests.
RECORD SOURCE CATEGORIES:
Information in this system of records is derived from records
associated with contested cases adjudicated 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 also
comes from individuals who subscribe to ``E-Alerts'' or submit FOIA
requests through the website.
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
[[Page 43241]]
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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored by WP Engine within Google Cloud Platform's data
center in Council Bluffs, Iowa. Electronic copies of FOIA request
submissions are also maintained by the Office of the General Counsel,
which is covered by the system-of-records notice, Office of the General
Counsel Records, OSHRC-5.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Commission and ALJ decisions on OSHRC's website can be retrieved by
case name, docket number, or keyword search via the search engine
located on the website's Decision Search page, and all other documents
maintained on the website can be retrieved by a simplified Boolean
search via the search engine located on the website's homepage.
Although not searchable on the website, the names and email addresses
of those who subscribe to ``E-Alerts'' and information that FOIA
requesters submit through the website can be retrieved by OSHRC system
administrators.
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. Pursuant to General Records
Schedule 5.1, Item 20, records from FOIA Requests submissions are
maintained within Google Cloud Platform's data center for 120 days for
business use and then automatically deleted.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
OSHRC requests updates for its website through a secure portal. The
website's records are secured within Google Cloud Platform's data
center in accordance with federal standards. Access to the names and
email addresses of those who subscribe to ``E-Alerts,'' as well as
information submitted through the online FOIA forms, is limited to
OSHRC system administrators.
RECORD ACCESS PROCEDURES:
Individuals who wish to request 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
[[Page 43242]]
29 CFR 2400.4 (procedures for requesting notification of and access to
personal 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 content of a record, refer to 29 CFR 2400.6 (procedures
for amending personal records), and 29 CFR 2400.7 (procedures for
appealing).
NOTIFICATION PROCEDURES:
Individuals interested in requesting notification 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 2400.4 (procedures for
requesting notification of and access to personal 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; September 28, 2017, 82 FR 45324; December
4, 2018, 83 FR 62627.
SYSTEM NAME AND NUMBER:
Reasonable Accommodation Records, OSHRC-9.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The Office of the Executive Director maintains the records in this
system. The office is located at 1120 20th Street NW, Ninth Floor,
Washington, DC 20036-3457.
SYSTEM MANAGER(S):
Human Resources Specialist, 1120 20th Street NW, Ninth Floor,
Washington, DC 20036-3457; (202) 606-5100.
* * * * *
RECORD ACCESS PROCEDURES:
Individuals who wish to request 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 2400.4 (procedures for requesting
notification of and access to personal 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 content of a record, refer to 29 CFR 2400.6 (procedures
for amending personal records), and 29 CFR 2400.7 (procedures for
appealing).
NOTIFICATION PROCEDURES:
Individuals interested in requesting notification 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 2400.4 (procedures for
requesting notification of and access to personal records).
* * * * *
HISTORY:
November 18, 2021, 86 FR 64532.
Nadine N. Mancini,
General Counsel, Senior Agency Official for Privacy.
[FR Doc. 2025-17093 Filed 9-5-25; 8:45 am]
BILLING CODE 7600-01-P