New Blanket Routine Use

Occupational Safety and Health Review Commission OSHRC http://www.gpo.gov/fdsys/pkg/FR-2015-10-05/pdf/2015-25169.pdf New Blanket Routine Use

Government-Wide System-of-Records Notices

In addition to the internal systems of records described below, OSHRC also maintains certain records covered by government-wide systems of records. Government-wide systems of records are established by Federal agencies, such as the Office of Personnel Management (OPM) and the Government Accountability Office (GAO), responsible for government-wide functions. These systems are described in notices published by the establishing agency. While the establishing agency creates and administers the systems, the actual records are physically maintained at agencies throughout the government, such as OSHRC. Requests for OSHRC records covered by a government-wide system of records should be directed to OSHRC. In accordance with the directive of Office of Management and Budget (OMB) Circular No. A-130, OSHRC is not providing notice of internal systems of records that wholly or partly duplicate existing government-wide systems of records.

Blanket Routine Uses

In addition to the disclosures generally permitted under 5 U.S.C. 552a(b), including the specific routine uses set forth for each system of records, OSHRC may disclose a record or information in a Privacy Act system of records under 5 U.S.C. 552a in the following circumstances, provided that disclosure of the record or information is compatible with the purpose for which the record or information was collected.

(1) It shall be a blanket routine use of the records in OSHRC"s systems of records to disclose them to the Department of Justice (DOJ), or to a court or adjudicative body before which OSHRC is authorized to appear, when:

(a) OSHRC, or any of its components; or

(b) Any employee of OSHRC in his or her official capacity; or

(c) Any employee of OSHRC in his or her individual capacity where the 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) In the event that a record in OSHRC"s systems of records indicates on its face, or in conjunction with other information, a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or order issued pursuant thereto, the relevant record may be referred, as a blanket routine use, to the appropriate agency, whether Federal, state, local, or foreign, charged with the responsibility of investigating or prosecuting such violation, or charged with enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.

(3) A record from an OSHRC system of records may be disclosed as a blanket routine use 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) In response to a request from a Federal, state, or local agency, a record from an OSHRC system of records may be disclosed as a blanket routine use to the requesting agency 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. Records will be disclosed only to the extent that the information is relevant and necessary to the requesting agency"s decision in the matter.

(5) A record from an OSHRC system of records may be disclosed as a blanket routine use 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. Records will be disclosed only to the extent that the information is relevant and necessary to the case or matter.

(6) A record from an OSHRC system of records may be disclosed as a blanket routine use to OPM in accordance with the agency"s responsibilities for evaluation and oversight of federal personnel management.

(7) A record from an OSHRC system of records may be disclosed as a blanket routine use 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) The information contained in an OSHRC system of records may be disclosed to the 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) A record in an OSHRC system of records may be disclosed as a blanket routine use 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) A record in an OSHRC system of records may be disclosed as a blanket routine use 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) A record from an OSHRC system of records may be disclosed as a blanket routine use to appropriate agencies, entities, and persons when:

(a) OSHRC suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; and

(b) OSHRC has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by OSHRC or another agency or entity) that rely upon the compromised information; 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 compromise and prevent, minimize, or remedy such harm.

(12) A record from an OSHRC system of records may be disclosed as a blanket routine use to the National Archives and Records Administration, 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.

-1 Travel Records.

None.

Office of Administration, OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

This system of records covers current and former OSHRC employees who have traveled pursuant to authorized official OSHRC business.

This system of records includes travel expense records, such as vouchers and receipts, and records pertaining to destinations, itinerary, mode of transportation, purpose, and dates of travel. These records may reference an employee"s name, mailing address, and social security number (as of May 2005, only the last four digits of an employee"s social security number are printed on travel authorizations and vouchers).

5 U.S.C. 5701 et seq.; 29 U.S.C. 661; 44 U.S.C. 3101.

This system of records is maintained for the purposes of planning, authorizing, and tracking employees" official travel, and processing travel vouchers and other travel-related payments.

See Blanket Routine uses.

Records disclosed to the Bureau of the Public Debt"s Administrative Resource Center, the travel service provider under contract with OSHRC, are covered by GSA/GOVT-4, see 69 FR 75980, December 20, 2004. Records disclosed pursuant to the Travel Charge Card Program are covered by GSA/GOVT-3, see 69 FR 4517, January 30, 2004.

Disclosures to consumer reporting agencies:

None.

Storage:

Records are stored on paper in file cabinets.

Records can be retrieved manually by name.

Records are retained and disposed of in accordance with NARA"s General Records Schedule (GRS) requirements for travel records. See GRS 9, Items 3 and 4.

Records are maintained in file cabinets. During duty hours, records are under surveillance of personnel charged with their custody, and after duty hours, the records are secured behind locked doors. Access to the cabinets is limited to personnel having a need for access to perform their official functions.

Administrative Assistant (Budget), Office of Administration, OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

Individuals interested in inquiring about their records should notify: Executive Director, 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).

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).

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).

Information in this system of records comes from the individual to whom it applies.

None.

-2 Mailing Lists for News Releases, Speeches, Booklets, Reports.

None.

Public Information Office, OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

This system of records covers all persons who are sent information about OSHRC.

This system of records contains individuals" addresses, business affiliations, and the information they desire to receive.

5 U.S.C. 301; 29 U.S.C. 661; 44 U.S.C. 3101.

This system of records is maintained for the purpose of disseminating information pertaining to OSHRC, such as information related to the hiring of personnel, case dispositions, procedures, speeches, and statistical reports.

In addition to the Blanket Routine Uses discussed above, disclosures may be made to other Federal agencies, upon written request, if disclosure of the record or information is compatible with the purpose for which the record or information was collected. Under no circumstances, however, will OSHRC sell or rent an individual"s name or address unless such action is specifically authorized by law, 5 U.S.C. 552a(n).

Disclosures to consumer reporting agencies:

None.

Storage:

Records are stored on paper in file cabinets and electronically on personal computers.

Records can be retrieved manually and electronically by name.

Records are maintained indefinitely unless an individual requests that his or her reference be deleted, in which case the reference is disposed of immediately.

Paper records are maintained in metal file cabinets. During duty hours, records are under surveillance of personnel charged with their custody, and after duty hours, records are secured behind locked doors. Access to the cabinets is limited to personnel having a need for access to perform their official functions. Electronic records are maintained on personal computers secured in offices under surveillance of personnel charged with custody of the records. After duty hours, personal computers are secured behind locked doors. Access to personal computers is limited to personnel having a need for access to perform their official functions and is additionally restricted through password identification procedures.

Public Information Officer, OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

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).

Information in this system either comes from the individual to whom it applies or is derived from private source directories.

None.

-3 Public Transportation Benefit Program Records.

None.

Office of Administration, OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

This system of records covers all employees enrolled in the Public Transit Subsidy Program.

This system of records includes information submitted by current and former participants via the OSHRC Transit Form and Transportation Subsidy Application. These forms contain the employee"s name and social security number. The system also contains certification forms used to document the disbursement of subsidies, which include the employee"s name and signature, and the subsidy amount requested.

29 U.S.C. 661; Executive Order 13150.

This system of records is maintained for the purpose of documenting an employee"s participation in the Public Transit Subsidy Program.

In addition to the Blanket Routine Uses discussed above, pursuant to sections 5 and 10 of the Debt Collection Act of 1982, 5 U.S.C. 5514(a), as amended by the Debt Collection Improvement Act of 1996, 31 U.S.C. 3716, records relating to the implementation of the Act may be disclosed 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. Records may also be disclosed to provide information as necessary 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.

Disclosures to consumer reporting agencies:

None.

Storage:

Records are stored on paper in file cabinets.

Records can be retrieved manually by name.

Records are retained and disposed of in accordance with NARA"s GRS requirements for transportation subsidy records. See GRS 9, Item 7.

Paper records are maintained in locked file cabinets. During duty hours, the records are under surveillance of personnel charged with their custody, and after duty hours, the records are secured behind locked doors. Access to the cabinets is limited to personnel having a need for access to perform their official functions.

Administrative Assistant (Budget), Office of Administration, OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

Information in this system of records comes from applicants to, and current and former participants in, the Public Transit Subsidy Program.

None.

-4 Payroll and Related Records.

None.

(1) Paper files and electronic files are maintained by various offices within OSHRC, including the Office of the Executive Secretary, the Office of Administration, the Office of the Chief Administrative Law Judge, and the Office of the General Counsel, located at 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457; and OSHRC offices located at 100 Alabama Street, SW., Building 1924, Room 2R90, Atlanta, GA 30303-3104, and 1244 North Speer Boulevard, Room 250, Denver, CO 80204-3582. (2) Pursuant to an interagency agreement, records are also located at the U.S. Department of Agriculture, National Finance Center (NFC), P.O. Box 60000, New Orleans, LA 70160-0001.

This system of records covers current and former employees of OSHRC and Commission members.

The records maintained in this system, and the categories of records referenced therein, are as follows. (1) Time and attendance sheets include the employee"s name and social security number; the employee"s and timekeeper"s initials and the supervisor"s signature; the timekeeper"s Time and Attendance contact point; the number of hours worked by the employee during each pay period; and the amount of leave accrued and used during the pay period, and the total amount of leave available to the employee. (2) Flexitime sign-in reports include the employee"s name, and the time at which the employee starts and leaves work each day during the pay period. (3) Records pertaining to requests for leave or an approved absence include the employee"s name, the date(s) for which leave is requested, the type of leave requested, the purpose for using sick leave (examination, care of family member or bereavement, or other), and whether leave is used pursuant to the Family Medical Leave Act. (4) Direct deposit records 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. (5) Tax records include the employee"s name and signature, social security number, marital status, and address; the number of allowances for which the employee qualifies; and further information which may be required on state, county, or city withholding certificates. And (6) other records related to payroll, such as those pertaining to deductions (e.g., Combined Federal Campaign Designations), may include some or all of the information specified above.

5 U.S.C. 301, 5516, 5517, 5520; 26 U.S.C. 6011, 6109; 29 U.S.C. 661; 44 U.S.C. 3101.

Records are used by OSHRC and NFC employees to maintain adequate payroll information for OSHRC employees and Commission members.

The following routine uses may result in disclosures of records maintained in this system:

1. See Blanket Routine Uses.

2. Records may be disclosed to the Internal Revenue Service (IRS) for investigation, and to private attorneys, pursuant to a power of attorney.

3. A copy of an employee"s Department of the Treasury Form W-2, Wage and Tax Statement, may be disclosed to the IRS.

4. A copy of an employee"s Form W-2 may be disclosed to state, city, or other local jurisdictions which are authorized to tax the employee"s compensation. 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.

5. Pursuant to a withholding agreement between a city and the Department of the Treasury (5 U.S.C. 5520), copies of executed city tax withholding certifications shall be furnished the city in response to written requests from an appropriate city official to the Office of Administration.

6. Records may be disclosed to NFC to effect issuance of paychecks or electronic fund transfers (EFT) to employees, and distribution of allotments and deductions to financial and other institutions, and for other authorized purposes.

7. Records may be disclosed to the Thrift Savings 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 to process workmen"s compensation claims; to the Department of Defense to adjust military retirement; to employee unions to credit accounts for employees with union dues deductions; 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.

8. Pursuant to sections 5 and 10 of the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996, records relating to the implementation of the Act may be disclosed 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, see 5 U.S.C. 5514(a); 5 U.S.C. 3716.

9. Records may be disclosed to provide information as necessary 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.

10. The names, social security numbers, home addresses, dates of birth, dates of hire, quarterly earnings, employer identifying information, and state of hire of employees may be disclosed to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services 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).

Disclosures to consumer reporting agencies:

Disclosures may be made from this system 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).

Storage:

Records are stored on paper in file cabinets and electronically at OSHRC"s Denver, Atlanta, and Washington, DC offices. Records are also stored electronically at NFC; backups of these records are stored on floppy disks, which are maintained with the paper records in the file cabinets.

Records are retrieved manually and electronically by name and/or social security number.

Records are retained and disposed of in accordance with NARA"s GRS requirements for payroll-related records. See GRS 2.

OSHRC sends time and attendance information electronically to its contractor, NFC, which is located in a secured federal complex. Within this secured building, the Computer Operations Center is located in a controlled access room. Specific employees have been identified as system and database administrators having specific responsibilities allowing access to OSHRC personnel and payroll data. Security is embedded within the software in both the operating system and at the application level. Individuals not granted access rights cannot view or change data. The database is monitored by software applications that provide audits of log-ins, both successful and failed. Backups of the information provided to NFC may also be stored on floppy disks, which are maintained with the paper records in the file cabinets at OSHRC.

Personnel Management Specialist, OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

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.

None.

-5 Office of the General Counsel Records.

None.

Office of the General Counsel (OGC), OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

This system of records covers OSHRC attorneys (including supervising attorneys); Commission members; Administrative Law Judges (ALJs); Freedom of Information Act requesters; and parties in cases that have been, or presently are, before OSHRC.

This system of records contains cases and other matters before OSHRC that have been assigned to OGC for processing. A pending case list is maintained that references the case name; the case docket number; OSHRC attorneys (including supervising attorneys) who most recently have been assigned to work on the case; and the most recent dates of the various stages in the progress of the case, starting with assignment to OGC and ending with issuance of a decision. Additional records relevant to cases that are, or were, pending before OSHRC may reference the aforementioned personal identifying information, as well as the names of Commission members and ALJs. Finally, records may also reference the names of individuals relevant to matters unrelated to OSHRC cases, such as FOIA requesters.

5 U.S.C. 301; 29 U.S.C. 661; 44 U.S.C. 3101.

This system of records is maintained to assist management in making decisions with respect to case processing activities, and other matters, such as FOIA requests; and to assist OSHRC attorneys in organizing their work product.

See Blanket Routine Uses.

Disclosures to consumer reporting agencies:

None.

Storage:

Pending case lists are maintained on personal computers and on paper in report form in file cabinets. Other records in this system are maintained electronically on personal computers.

Pending case lists may be retrieved manually and electronically by case name, docket number, date of case activity, or name of attorney or supervising attorney. Other records may be retrieved electronically by case name, by the Commission member"s or ALJ"s name, or by the names of other individuals, such as FOIA requesters.

Records are maintained indefinitely on personal computers, and paper reports generated from the system are kept for as long as needed for case management purposes.

Paper records are maintained in file cabinets. During duty hours, the records are under surveillance of personnel charged with their custody, and after duty hours, the records are secured behind locked doors. Access to the cabinets is limited to personnel having a need for access to perform their official functions. Electronic records are maintained on personal computers secured in offices under surveillance of personnel charged with custody of the records. After duty hours, personal computers are secured behind locked doors. Access to personal computers is limited to personnel having a need for access to perform their official functions and is additionally restricted through password identification procedures.

Office of the General Counsel, OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

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.

None.

-6 Case Management/Tracking System.

None.

Electronic records are maintained by the Information Technology Office, and paper records are maintained by the Office of the Executive Secretary, both of which are located at 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

This system of records covers (1) ALJs; (2) Commission members; (3) representatives, and parties in cases that have been, or presently are, before OSHRC.

The case tracking system contains the following information in its electronic database: (1) The names, office telephone numbers, and/or office addresses of those covered by the system of records; (2) the names of OSHRC cases, and information associated with the cases, such as the inspection number, the docket number, the state in which the action arose, and the names of the representatives; (3) events occurring in cases and the dates on which the events occurred; and (4) documents filed in cases and the dates on which the documents were filed. Although the electronic records also include the names of OSHRC employees who enter each case record, and the date each record is initially entered and last modified, the names of these employees cannot be retrieved using their personal identifiable information.

Case files contain hard copies of the documents referenced in the tracking system. Various paper and electronic administrative records pertaining to the case files may reference docket numbers and the names or initials of employees.

29 U.S.C. 661.

Purpose:

This system of records is maintained for the purpose of processing cases that are before OSHRC.

In addition to the Blanket Routine Uses discussed above, when considered appropriate, records in this system may be referred to a bar association or similar federal, state, or local licensing authority for a possible disciplinary action. Also, in accordance with 29 U.S.C. 661(g), OSHRC"s case files may be disclosed to the public for the purpose of inspecting and/or copying the records.

Disclosures to consumer reporting agencies:

None.

Storage:

Electronic records contained in the case tracking system are stored on a computer file server. Paper records and other electronic records are stored in the records room, in file cabinets, and on personal computers.

Electronic records contained in the case tracking system may be retrieved by docket number, inspection number, or state, or by any part of a representative"s name or the case name. Case files may be retrieved manually by docket number, and related electronic and paper records may be retrieved electronically or manually by name and/or docket number.

Electronic records contained in the case tracking system are maintained indefinitely on a computer file server. Other electronic and paper records are maintained in accordance with the General Record Schedule.

The computer file server is located in a locked room which requires a coded password for access. Access to the server is limited to personnel having a need for access to perform their official functions. In addition, server access requires network authentication at the server and application levels.

Paper records are maintained in a records room that can only be accessed using a smartcard or a key. Some paper records are also maintained in file cabinets. During duty hours, these records are under surveillance of personnel charged with their custody, and after duty hours, the records are secured behind locked doors. Access to the cabinets is limited to personnel having a need for access to perform their official functions.

Some electronic records are maintained on personal computers secured in offices under surveillance of personnel charged with custody of the records. After duty hours, personal computers are secured behind locked doors. Access to personal computers is limited to personnel having a need for access to perform their official functions and is additionally restricted through password identification procedures.

Information Technology Specialist (case tracking system records) and the Executive Secretary (all other records), 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

None.

-7 Personnel Security Records.

None.

The Office of the Administrator at each OSHRC location maintains the records for its employees and contractors. The central office is located at 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457. The branch offices are located at 100 Alabama Street, SW., Building 1924, Room 2R90, Atlanta, GA 30303-3104; and 1244 North Speer Boulevard, Room 250, Denver, CO 80204-3582.

This system of records covers individuals who require long-term access to federally controlled buildings and federally controlled information systems. Specifically, the categories of individuals covered by this system of records include: (1) Federal employees, as defined under 5 U.S.C. 2105, within OSHRC; (2) individuals employed by, detailed to, or assigned to OSHRC; (3) short-term employees of OSHRC, whose terms are for 6 or more months; and (4) individuals under contract to OSHRC, requiring routine access to OSHRC"s federally controlled facilities and/or federally controlled information systems.

Federally controlled buildings are defined in FIPS 201 as: (1) Federally owned buildings or leased space, whether for single or multi-tenant occupancy, and its grounds and approaches, all or any of which is under the jurisdiction, custody or control of a department or agency covered by HSPD 12; and (2) federally controlled commercial space shared with non-government tenants. Federally controlled information systems are defined by the Federal Security Management Act of 2002, 44 U.S.C. 3544(a)(1)(A)(ii), as "[i]nformation systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency."

This system of records contains a form, titled "Personal Identity Verification (PIV) Request for OSHRC Credential," on which information relevant to the credentialing process is recorded. The form includes the following information about the individual being credentialed: (1) Name; (2) country of citizenship; (3) phone number; (4) birth date; (5) hair color, eye color, height, weight, and gender; (6) employment position (or position to which individual is to be hired) and work address; (7) e-mail address; (8) information gathered from identity source documents, including the name on the documents, the document numbers, the document titles, the issuers, and the expiration dates; and (9) the name, identifier, and expiration date on the credential issued by OSHRC. The form also includes the signature of the individual being credentialed, and the names, phone numbers, e-mail addresses, and signatures of the various OSHRC employees responsible for sponsoring, registering, and issuing the credential.

The system of records also contains a passport-sized color photograph of each credentialed individual. And, once a National Agency Check with Written Inquiries (NACI) has been completed, a copy of the OFI-79A, which may include information regarding a credentialed individual"s criminal history, is included in the system of records.

Other security forms, such as the Standard Form 85 and a fingerprint chart, are completed by each credentialed individual. However, these forms are forwarded to the Office of Personnel Management (OPM) by overnight/FedEx or by certified mail, return receipt requested, and copies of these forms will not be maintained in the system of records. Accordingly, these records are covered by OPM"s notice for OPM/CENTRAL-9, Personnel Investigations Records, see 58 FR 19154, 19184, Apr. 12, 1993, and not by the instant notice.

Executive Orders 10450 and 10577; Homeland Security Presidential Directive (HSPD) 12; Federal Information Processing Standard Publication (FIPS) 201; and OMB Memorandum M-05-24.

The categories of records contained in the system must be collected pursuant to the policy that OSHRC has developed to comply with HSPD 12. The purpose of this policy is to create a "reliable, government-wide PIV system for use in applications such as access to federally controlled facilities and information systems." See FIPS 201 sec. 1.1.

The specific information collected by OSHRC allows OPM to conduct NACIs on those individuals being credentialed, assists OSHRC in verifying the identity of those for whom credentials have been requested, and provides OSHRC the necessary information to issue identification cards.

See Blanket Routine Uses.

Disclosure to consumer reporting agencies:

Not applicable.

Storage:

Records are stored on paper in a file cabinet.

Records are retrievable by an individual"s identification card number.

Records are maintained in a file cabinet. During duty hours, the records are under surveillance of personnel charged with their custody, and after duty hours, the records are secured behind locked doors. Access to the cabinet is limited to personnel having a need for access to perform their official functions.

Records are retained and disposed of in accordance with NARA"s GRS requirements for personnel security clearance files. See GRS 18, Item 22.

The Contracting Officer at the following OSHRC locations: 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457; 100 Alabama Street, SW., Building 1924, Room 2R90, Atlanta, GA 30303-3104; and 1244 North Speer Boulevard, Room 250, Denver, CO 80204-3582.

Information contained in the system is obtained from individuals subject to the credentialing process, OSHRC employees involved in the credentialing process, and investigative record materials furnished by OPM.

None.

-8 Identification Card and Office Key Distribution Records.

None.

The Office of Administration at each OSHRC location maintains the records for its employees and contractors. The central office is located at 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457. The branch offices are located at 100 Alabama Street, SW., Building 1924, Room 2R90, Atlanta, GA 30303-3104; and 1244 North Speer Boulevard, Room 250, Denver, CO 80204-3582.

This system of records covers individuals who require long-term access to federally controlled buildings. Specifically, the categories of individuals covered by this system of records include: (1) Federal employees, as defined under 5 U.S.C. 2105, within OSHRC; (2) individuals employed by, detailed to, or assigned to OSHRC; (3) short-term employees of OSHRC, whose terms are for 6 or more months; and (4) individuals under contract to OSHRC, requiring routine access to OSHRC"s federally controlled facilities.

This system of records contains the following information regarding each identification card issued: (1) The name of the individual identified on the card; (2) the identification number associated with the card (the cards are numbered sequentially, starting at "1"); (3) the dates on which the card was issued and, if applicable, destroyed; and (4) whether the card was issued as a replacement. The system also contains a list of all individuals who possess keys to OSHRC facilities. Finally, the system contains memoranda verifying which identification cards have been lost or stolen, and who has been issued a replacement office key.

Federal Property and Administrative Services Act of 1949, 40 U.S.C. 121(c); HSPD 12; FIPS 201; and OMB Memorandum M-05-24.

The system of records assists OSHRC in (1) restricting access to OSHRC facilities, (2) ensuring positive identification of those who are permitted access, (3) maintaining a record of all holders of identification cards, and (4) identifying lost or stolen cards.

See Blanket Routine Uses.

Disclosure to consumer reporting agencies:

Not applicable.

Storage:

Records are stored on paper in a file cabinet.

Records are retrievable by (1) an individual"s name, (2) the identification card number, and/or (3) the date on which the card was issued or destroyed.

Records are maintained in a file cabinet. During duty hours, the records are under surveillance of personnel charged with their custody, and after duty hours, the records are secured in a locked file cabinet behind locked doors. Access to the cabinet is limited to personnel having a need for access to perform their official functions.

The records will be maintained until they are superseded or obsolete.

Information contained in the system is obtained from individuals who have been issued OSHRC identification cards or office keys.

None.

-9 Visitors" Log Records.

None.

Office of Administration, OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

This system of records covers all individuals entering OSHRC offices who lack the proper credentials to enter without notifying OSHRC personnel.

This system of records includes the name of the visitor, the date of the visit, the company represented by the visitor, the arrival and departure times, the purpose of the visit, and the identity of the OSHRC escort.

Federal Property and Administrative Services Act of 1949, 40 U.S.C. 121(c).

This system of records assists OSHRC in identifying each person who visits an OSHRC facility, and in restricting access based on his or her purpose for visiting the facility.

See Blanket Routine Uses.

Disclosures to consumer reporting agencies:

None.

Storage:

Records are stored on paper in binders.

Records can be retrieved manually by name or date.

Records are retained and disposed of in accordance with NARA"s GRS requirements for visitor control files. See GRS 18, Item 17.

Records are maintained in a binder placed on the front desk. During duty hours, the binder is under surveillance of personnel occupying the front desk. After duty hours, the front desk can be accessed only by those who possess an office key or smartcard.

Office of Administration, OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

Information in this system of records comes from the individual to whom the record pertains.

None.

-10 Database of Commission and ALJ Decisions on OSHRC Web site.

None.

Records are located on a Web server at the Government Printing Office (GPO), 732 North Capitol Street, NW., Washington, DC 20401.

This system of records covers all individuals referenced and described in Commission and ALJ decisions, 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 of records includes final decisions issued by the Commission since 1979, and final decisions issued by the ALJs since 1993. The decisions 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.

Electronic Freedom of Information Act Amendments of 1996, Public Law 104-231, 110 Stat. 3048 (codified as amended in 5 U.S.C. 552); 29 U.S.C. 661(g).

This system of records is maintained in order to make Commission and ALJ decisions more accessible to the public and agency employees.

In addition to the Blanket Routine uses discussed in 71 FR 19556-19557, Apr. 14, 2006, records included in OSHRC adjudicative decisions may be disclosed to the public, via OSHRC"s Web site, pursuant to section 12(g) of the OSH Act, 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.

Also, records are disclosed to GPO to make certain that decisions published on OSHRC"s Web site are current.

Disclosures to consumer reporting agencies:

None.

Storage:

Records are stored on a Web server located at the GPO.

Records can be retrieved by using the search engine on the homepage of OSHRC"s Web site to conduct a simplified Boolean search.

Records are retained indefinitely on the GPO Web server.

OSHRC sends updates for its Web site via e-mail to GPO, which is located in a secured federal complex. GPO secures information on the Web server in accordance with federal standards.

Information Technology Specialist, OSHRC, 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

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).

Information in this system of records is derived from case records that are 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.

None.

Systems of Records Published Between January 2, 2014 and December 31, 2015 Labor OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION REGULATIONS IMPLEMENTING THE PRIVACY ACT

Sec.

2400.1 Purpose and scope.

2400.2 Description of agency.

2400.3 Delegation of authority.

2400.4 Collection and disclosure of personal information.

2400.5 Notification.

2400.6 Procedures for requesting records.

2400.7 Special procedures for requesting medical records.

2400.8 Procedures for requesting amendment.

2400.9 Procedures for appealing.

2400.10 Schedule of fees.

Authority: 5 U.S.C. 552a(f); 5 U.S.C. 553.

Source: 71 FR 57421, Sept. 29, 2006, unless otherwise noted.

§ 2400.1 Purpose and scope.

The purpose of the provisions of this part is to provide procedures to implement the Privacy Act of 1974 (5 U.S.C. 552a). This part is applicable only to records that are maintained by the Occupational Safety and Health Review Commission (OSHRC or the Commission), which includes all systems of records operated on behalf of OSHRC, pursuant to a contract, to accomplish an agency function, except for records that are disclosed to consumer reporting agencies under section 3711(e) of title 31, United States Code. This part is not applicable to the rights of parties appearing in adversary proceedings before the Commission to obtain discovery from an adverse party. Such matters are governed by the Commission's Rules of Procedure, which are published at 29 CFR 2200.1 et seq.

§ 2400.2 Description of agency.

The Commission adjudicates contested enforcement actions under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651-677). Decisions of the Commission on such actions are issued only after the parties to the case are afforded an opportunity for a hearing in accordance with section 554 of title 5, United States Code. All such hearings are conducted by an OSHRC Administrative Law Judge at a place convenient to the parties and are open to the public. Each Commission member has the authority to direct that a decision of a Judge be reviewed by the full Commission before becoming a final order. The President designates one of the Commissioners as Chairman, who is responsible on behalf of the Commission for the administrative operations of the Commission.

§ 2400.3 Delegation of authority.

(a) The Chairman shall designate an OSHRC employee as the Privacy Officer, and shall delegate to the Privacy Officer the authority to ensure agency-wide compliance with this part.

(b) Custodians of the systems of records are responsible for the following:

(1) Adhering to this part within their respective units and, in particular, collecting, using and disclosing records, and affording individuals the right to inspect, obtain copies of and correct records concerning them;

(2) Reporting the existence of systems of records, changes to the contents of those systems and changes of routine use to the Privacy Officer, and also establishing the relevancy of records within those systems; and

(3) Maintaining an accurate accounting of each disclosure in conformance with § 2400.4(c) of this part.

§ 2400.4 Collection and disclosure of personal information.

(a) The following rules govern the collection of personal information throughout OSHRC operations:

(1) OSHRC shall:

(i) Solicit, collect and maintain in its records only such personal information as is relevant and necessary to accomplish a purpose required by statute or executive order;

(ii) Maintain all records which are used by OSHRC in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to ensure fairness to the individual in the determination;

(iii) Collect information, to the greatest extent practicable, directly from the subject individual when such information may result in adverse determinations about an individual's rights, benefits or privileges under Federal programs; and

(iv) Inform any individual requested to disclose personal information whether that disclosure is mandatory or voluntary, by what authority it is solicited, the principal purposes for which it is intended to be used, the routine uses which may be made of it, and any penalties or consequences known to OSHRC which shall result to the individual from such non-disclosure.

(2) OSHRC shall not discriminate against any individual who fails to provide personal information unless that information is required or necessary for the conduct of the system or program in which the individual desires to participate. See § 2400.4(a)(1)(i).

(3) No record shall be collected or maintained which describes how any individual exercises rights guaranteed by the First Amendment unless the Commission specifically determines that such information is relevant and necessary to carry out a statutory purpose of OSHRC, and the collection or maintenance of the record is expressly authorized by statute or by the individual about whom the record is maintained, or unless the record is pertinent to and within the scope of an authorized law enforcement activity.

(4) OSHRC shall not require disclosure of any individual's Social Security account number or deny a right, privilege or benefit because of the individual's refusal to disclose the number unless disclosure is required by Federal law.

(b) Disclosures--(1) Limitations. OSHRC shall not disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.

(2) Exceptions. A record may be disseminated without satisfying the requirements of paragraph (b)(1) of this section if disclosure is made:

(i) To a person pursuant to a requirement of the Freedom of Information Act (5 U.S.C. 552);

(ii) To those officers and employees of OSHRC who have a need for the record in the performance of their duties;

(iii) For a routine use as contained in the system notices published in the Federal Register;

(iv) To a recipient who has provided OSHRC with adequate advance written assurance that the record shall be used solely as a statistical reporting or research record, and the record is to be transferred in a form that is not personally identifiable;

(v) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13, United States Code;

(vi) To the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value;

(vii) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual, if upon such disclosure notification is transmitted to the last known address of such individual;

(viii) To another agency or an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity, if such activity is authorized by law and if the head of the agency or instrumentality has made a written request to OSHRC specifying the particular portion of the record desired and the law enforcement activity for which the record is sought;

(ix) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, or any joint committee of Congress or subcommittee of any such joint committee;

(x) To the Comptroller General or any of his authorized representatives in the course of the performance of the duties of the Government Accountability Office;

(xi) Pursuant to the order of a court of competent jurisdiction; or

(xii) To a consumer reporting agency in accordance with section 3711(e) of title 31, United States Code.

(3) Employee credit references. OSHRC's Office of Administration shall verify the following information provided by an employee to a credit bureau or commercial firm from which an employee is seeking credit: Length of service, job title, grade, salary, tenure of employment, and Civil Service status.

(4) Employee job references. Prospective employers of an OSHRC employee or a former OSHRC employee may be furnished with the information in paragraph (b)(3) of this section in addition to the date and reason for separation, if applicable, upon the request of the employee or former employee.

(5) Disclosures to third parties. Prior to disseminating any record about an individual to any person other than an agency, unless the record is disseminated pursuant to paragraph (b)(2)(i) of this section, OSHRC shall make reasonable efforts to ensure that the record is accurate, complete, timely and relevant.

(6) Anticipated legal action. Nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.

(c) Accounting of disclosures--(1) OSHRC shall maintain an accurate accounting of each disclosure, except for any disclosure made pursuant to paragraphs (b)(2)(i) and (b)(2)(ii) of this section.

(2) When an accounting is required under paragraph (c)(1) of this section, the following information shall be recorded: The date, nature, and purpose of each disclosure of a record to any person or to another agency, and the name and address of the person or agency to whom the disclosure is made.

(3) The accounting shall be maintained for at least five (5) years after disclosure or for the life of the record, whichever is longer.

(4) The accounting shall be made available to the individual named in the record upon inquiry, except for disclosures made pursuant to paragraph (b)(2)(viii) of this section relating to law enforcement activities. See § 2400.6 for suggested form of request.

§ 2400.5 Notification.

(a) Notification of systems. The following procedures permit individuals to determine the types of systems of records maintained by OSHRC.

(1) Upon written request, OSHRC shall notify any individual whether a specific system named by him contains a record pertaining to him. See § 2400.6 for suggested form of request.

(2) Upon establishing or revising a system of records, OSHRC shall publish in the Federal Register a notice of the existence and character of the system of records. This notice shall contain the following information:

(i) System name and location;

(ii) Security classification;

(iii) Categories of individuals covered by the system;

(iv) Categories of records in the system;

(v) Authority for maintenance of the system;

(vi) Purpose(s) of the system;

(vii) Routine uses of records maintained in the system, including categories of users and the purpose(s) of such uses;

(viii) Disclosures to consumer reporting agencies;

(ix) Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system;

(x) System manager(s) and address;

(xi) Procedures by which an individual can be informed whether a system contains a record pertaining to himself, gain access to such record, and contest the content, accuracy, completeness, timeliness, relevance and necessity for retention of the record;

(xii) Record source categories; and

(xiii) Exemptions claimed for the system.

(3) OSHRC shall submit a report, in accordance with guidelines provided by the Office of Management and Budget (OMB), in order to give advance notice to the Committee on Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and OMB of any proposal to establish a new system of records or to significantly change an existing system of records.

(b) Notification of disclosure. OSHRC shall make reasonable efforts to serve notice on an individual before any record pertaining to the individual is made available to any person under compulsory legal process when such process becomes a matter of public record.

(c) Notification of amendment--(1) OSHRC shall inform any person or other agency about any correction or notation of dispute made by OSHRC to any record that has been disclosed to the person or agency, if the correction or notation was made pursuant to § 2400.8, and an accounting of the disclosure was made pursuant to § 2400.4(c).

(2) In any disclosure to a person or other agency containing information about which the individual has filed a statement of disagreement and occurring after the statement was filed, OSHRC shall clearly note any portion of the record which is disputed and provide copies of the statement and, if OSHRC deems appropriate, copies of a concise statement of OSHRC's reasons for not making the requested amendments.

(d) Notification of new routine use. Any new or revised routine use of a system of records maintained by OSHRC shall be published in the Federal Register thirty (30) days before such use becomes operational. Interested persons may then submit written data, views, or arguments to OSHRC.

(e) Notification of exemptions. OSHRC shall publish in the Federal Register its intent to exempt any system of records and shall specify the nature and purpose of that system.

§ 2400.6 Procedures for requesting records.

The purpose of this section is to provide procedures by which an individual may gain access to his records.

(a) Submission of requests for access--(1) Manner. An individual seeking information regarding the contents of records systems or access to records about himself in a system of records should present a written request to that effect either in person or by mail to the Privacy Officer, OSHRC, One Lafayette Centre, 1120-20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

(2) Specification of records sought. Requests for access to records shall describe the nature of the record sought, the approximate dates covered by the record, and the system in which the record is thought to be included as described in the "Notification" for that system as published in the Federal Register. The requester should also indicate whether he wishes to review the record in person or obtain a copy by mail. If the information supplied is insufficient to locate or identify the record, the requester shall be notified promptly and, if necessary, informed of additional information required.

(3) Period for response. Upon receipt of an inquiry the Privacy Officer shall respond promptly to the request and no later than 10 working days from receipt of such inquiry.

(b) Verification of identity. The following standards are applicable to any individual who requests records concerning himself:

(1) An individual seeking access to records about himself in person may establish his identity by the presentation of a single document bearing a photograph (such as a passport, employee identification card, or valid driver's license) or by the presentation of two items of identification which do not bear a photograph but do bear both a name and address (such as a valid driver's license, or credit card).

(2) An individual seeking access to records about himself by mail shall establish his identity by a signature, address, date of birth, place of birth, employee identification number, if any, and one other identifier such as a photocopy of an identifying document.

(3) An individual seeking access to records about himself by mail or in person who cannot provide the necessary documentation of identification may provide a notarized statement, or a declaration in accordance with 28 U.S.C. 1746, swearing or affirming to his identity and to the fact that he understands the penalties for false statements pursuant to 18 U.S.C. 1001. Forms for notarized statements may be obtained on request from the Privacy Officer.

(c) Verification of guardianship. The parent or guardian of a minor or a person judicially determined to be incompetent and seeking to act on behalf of such minor or incompetent shall, in addition to establishing his own identity, establish the identity of the minor or other person he represents as required in paragraph (b) of this section and establish his own parentage or guardianship of the subject of the record by furnishing either a copy of a birth certificate showing parentage or a court order establishing the guardianship.

(d) Accompanying persons. An individual seeking to review records about himself may be accompanied by another individual of his own choosing. Both the individual seeking access and the individual accompanying him shall be required to sign a form provided by OSHRC indicating that OSHRC is authorized to discuss the contents of the subject record in the presence of both individuals.

(e) When compliance is possible--(1) The Privacy Officer shall inform the requester of the determination to grant the request and shall make the record available to the individual in the manner requested, that is, either by forwarding a copy of the information to him or by making it available for review, unless:

(i) It is impracticable to provide the requester with a copy of a record, in which case the requester shall be so notified, and, in addition, be informed of the procedures set forth in paragraph (b) of this section, or

(ii) The Privacy Officer has reason to believe that the cost of a copy of a record is considerably more expensive than anticipated by the requester, in which case he shall notify the requester of the estimated cost, and ascertain whether the requester still wishes to be provided with a copy of the information.

(2) Where a record is to be reviewed by the requester in person, the Privacy Officer shall inform the requester in writing of:

(i) The date on which the record shall become available for review, the location at which it may be reviewed, and the hours for inspection;

(ii) The type of identification that shall be required in order for him to review the record;

(iii) Such person's right to have a person of his own choosing accompany him to review the record; and

(iv) Such person's right to have a person other than himself review the record.

(3) If the requester seeks to inspect the record without receiving a copy, he shall not leave OSHRC premises with the record and shall sign a statement indicating he has reviewed a specific record or category of record.

(f) Response when compliance is not possible. A reply denying a written request to review a record shall be in writing signed by the Privacy Officer and shall be made only if such a record does not exist or does not contain personal information relating to the requester, or is exempt. This reply shall include a statement regarding the determining factors of denial, and the requester's rights to administrative appeal and thereafter judicial review in a district court of the United States.

§ 2400.7 Special procedures for requesting medical records.

(a) Upon an individual's request for access to his medical records, including psychological records, the Privacy Officer shall make a preliminary determination on whether access to such records could have an adverse effect upon the requester. If the Privacy Officer determines that access could have an adverse effect on the requester, OSHRC shall notify the requester in writing and advise that the records at issue can be made available only to a physician of the requester's designation. Upon receipt of such designation, verification of the identity of the physician, and agreement by the physician to review the documents with the requesting individual, to explain the meaning of the documents, and to offer counseling designed to temper any adverse reaction, OSHRC shall forward such records to the designated physician.

(b) If, within sixty (60) days of OSHRC's written request for a designation, the requester has failed to respond or designate a physician, or the physician fails to agree to the release conditions, then OSHRC shall hold the documents in abeyance and advise the requester that this action may be construed as a technical denial. OSHRC shall also advise the requester of his rights to administrative appeal and thereafter judicial review in a district court of the United States.

§ 2400.8 Procedures for requesting amendment.

(a) Submission of requests for amendment. Upon review of an individual's personal record, that individual may submit a request to amend such record. This request shall be submitted in writing to the Privacy Officer and shall include a statement of the amendment requested and the reasons for such amendment, e.g., relevance, accuracy, timeliness or completeness of the record.

(b) Action to be taken by the Privacy Officer. Upon receiving an amendment request, the Privacy Officer shall promptly:

(1) Acknowledge in writing within ten (10) working days the receipt of the request;

(2) Make such inquiry as is necessary to determine whether the amendment is appropriate; and

(3) Correct or eliminate any information that is found to be incomplete, inaccurate, irrelevant to a statutory purpose of OSHRC, or untimely and notify the requester when this action is complete; or

(4) Notify the requester of a determination not to amend the record, of the reasons for the refusal, and of the requester's right to appeal in accordance with § 2400.9.

§ 2400.9 Procedures for appealing.

(a) Submission of appeal--(1) If a request to inspect, copy or amend a record is denied, in whole or in part, or if no determination is made within the period prescribed by this part, then the requester may appeal to the Chairman, Attn: Privacy Appeal, OSHRC, One Lafayette Centre, 1120-20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

(2) The requester shall submit his appeal in writing within thirty (30) days of the date of denial, or within ninety (90) days of such request if the appeal is from a failure of the Privacy Officer to make a determination. The letter of appeal should include, as applicable:

(i) Reasonable identification of the record to which access was sought or the amendment of which was requested.

(ii) A statement of the OSHRC action or failure to act being appealed and the relief sought.

(iii) A copy of the request, the notification of denial and any other related correspondence.

(b) Final decisions. The Chairman shall make his final decision not later than thirty (30) working days from the date of the request, unless he extends the time for good cause to be shown by him but not to exceed ninety (90) days from the date of the request. Any record found on appeal to be incomplete, inaccurate, irrelevant, or untimely, shall within thirty (30) working days of the date of such findings be appropriately amended.

(c) Decision requirements. The decision of the Chairman constitutes the final decision of OSHRC on the right of the requester to inspect, copy, change or update a record. The decision on the appeal shall be in writing and, in the event of a denial, shall set forth the reasons for such denial and state the individual's right to obtain judicial review in a district court of the United States. An indexed file of the agency's decisions on appeal shall be maintained by the Privacy Officer.

(d) Submission of statement of disagreement. If the final decision does not satisfy the requester, then any statement of reasonable length, provided by that individual, setting forth a position regarding the disputed information, shall be accepted and included in the relevant record.

§ 2400.10 Schedule of fees.

(a) Policy. The purpose of this section is to establish fair and equitable fees to permit reproduction of records for concerned individuals.

(b) Reproduction--(1) For the fees associated with reproduction of records, refer to Appendix A to part 2201, Schedule of Fees.

(2) OSHRC shall not normally furnish more than one copy of any record.

(c) Limitations. No fee shall be charged to any individual for the process of retrieving, reviewing, or amending records.