Notice2021-19774
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 14, 2021
Issuing agencies
Occupational Safety and Health Review Commission
Abstract
In accordance with the Privacy Act of 1974, as amended, the Occupational Safety and Health Review Commission (OSHRC) is revising the notice for Privacy Act system-of-records OSHRC-6.
Full Text
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<title>Federal Register, Volume 86 Issue 175 (Tuesday, September 14, 2021)</title>
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[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51199-51201]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19774]
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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
Privacy Act of 1974; System of Records
AGENCY: Occupational Safety and Health Review Commission.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Occupational Safety and Health Review Commission (OSHRC) is revising
the notice for Privacy Act system-of-records OSHRC-6.
DATES: Comments must be received by OSHRC on or before October 14,
2021. 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:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#344656555d58514d745b475c46571a535b42"><span class="__cf_email__" data-cfemail="6f1d0d0e06030a162f001c071d0c41080019">[email protected]</span></a>. Include ``PRIVACY ACT SYSTEM OF
RECORDS'' in the subject line of the message.
<bullet> Fax: (202) 606-5417.
<bullet> Mail: One Lafayette Centre, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036-3457.
<bullet> Hand Delivery/Courier: same as mailing address.
Instructions: All submissions must include your name, return
address, and email address, if applicable. Please clearly label
submissions as ``PRIVACY ACT SYSTEM OF RECORDS.''
FOR FURTHER INFORMATION CONTACT: Ron Bailey, Attorney-Advisor, Office
of the General Counsel, via telephone at (202) 606-5410, or via email
at <a href="/cdn-cgi/l/email-protection#c6b4a4a7afaaa3bf86a9b5aeb4a5e8a1a9b0"><span class="__cf_email__" data-cfemail="deacbcbfb7b2bba79eb1adb6acbdf0b9b1a8">[email protected]</span></a>.
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.
As detailed below, OSHRC is revising the name of the company that
operates the government-only cloud in which electronic records are
maintained, the physical location of the facility that maintains the
cloud, and safeguards used at that facility.
In addition, OSHRC recently revised its Privacy Act regulations, 29
CFR pt. 2400, which resulted in the renumbering of its regulatory
provisions. 85 FR 65222 (Oct. 15, 2020). OSHRC is therefore revising
the following elements in this system-of-records notice to reference
the correct sections of the agency's Privacy Act regulations: Record
Access Procedures, Contesting Record Procedures, and Notification
Procedures.
The notice for OSHRC-6, provided below in its entirety, is as
follows.
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.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 661.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for the purpose of processing
cases that are before OSHRC.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system of records covers (1) ALJs; (2) Commission members and
their staff; (3) OSHRC employees entering data into the e-filing/case
management system, or assigned responsibilities with respect to a
particular case; and (4) parties, the parties' points of contact, and
the parties' representatives in cases that have been, or presently are,
before OSHRC.
CATEGORIES OF RECORDS IN THE SYSTEM:
The electronic records contain the following information: (1) The
names of those covered by the system of records and, as to parties,
their points of contact; (2) the telephone and fax numbers, business
email addresses, and/or business street addresses of those covered by
the system of records; (3) 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, the names of the
representatives, and
[[Page 51200]]
whether the case involved a fatality; (4) events occurring in cases and
the dates on which the events occurred; (5) documents filed in cases
and the dates on which the documents were filed; and (6) the names of
OSHRC employees entering data into the e-filing/case management system,
or assigned responsibilities with respect to a particular case. The
paper records are hard copies of the electronic records in the e-
filing/case management system.
RECORD SOURCE CATEGORIES:
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, or from information provided by the parties who appear before
OSHRC.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to disclosures generally permitted under 5 U.S.C.
552a(b), all or a portion of the records or information contained in
this system of records may be disclosed as a routine use pursuant to 5
U.S.C. 552a(b)(3) under the circumstances or for the purposes described
below, to the extent such disclosures are compatible with the purposes
for which the information was collected:
(1) To the Department of Justice (DOJ), or to a court or
adjudicative body before which OSHRC is authorized to appear, when any
of the following entities or individuals--(a) OSHRC, or any of its
components; (b) any employee of OSHRC in his or her official capacity;
(c) any employee of OSHRC in his or her individual capacity where DOJ
(or OSHRC where it is authorized to do so) has agreed to represent the
employee; or (d) the United States, where OSHRC determines that
litigation is likely to affect OSHRC or any of its components--is a
party to litigation or has an interest in such litigation, and OSHRC
determines that the use of such records by DOJ, or by a court or other
tribunal, or another party before such tribunal, is relevant and
necessary to the litigation.
(2) To an appropriate agency, whether federal, state, local, or
foreign, charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, when a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
civil, criminal or regulatory violations, and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
(3) To a federal, state, or local agency maintaining civil,
criminal or other relevant enforcement information, such as current
licenses, if necessary, to obtain information relevant to an OSHRC
decision concerning the hiring, appointment, or retention of an
employee; the issuance, renewal, suspension, or revocation of a
security clearance; the execution of a security or suitability
investigation; the letting of a contract; or the issuance of a license,
grant or other benefit.
(4) To a federal, state, or local agency, in response to that
agency's request for a record, and only to the extent that the
information is relevant and necessary to the requesting agency's
decision in the matter, if the record is sought in connection with the
hiring, appointment, or retention of an employee; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance of a license, grant or other benefit by the
requesting agency.
(5) To an authorized appeal grievance examiner, formal complaints
manager, equal employment opportunity investigator, arbitrator, or
other duly authorized official engaged in investigation or settlement
of a grievance, complaint, or appeal filed by an employee, only to the
extent that the information is relevant and necessary to the case or
matter.
(6) To OPM in accordance with the agency's responsibilities for
evaluation and oversight of federal personnel management.
(7) To officers and employees of a federal agency for the purpose
of conducting an audit, but only to the extent that the record is
relevant and necessary to this purpose.
(8) To OMB in connection with the review of private relief
legislation at any stage of the legislative coordination and clearance
process, as set forth in Circular No. A-19.
(9) To a Member of Congress or to a person on his or her staff
acting on the Member's behalf when a written request is made on behalf
and at the behest of the individual who is the subject of the record.
(10) To the National Archives and Records Administration (NARA) for
records management inspections and such other purposes conducted under
the authority of 44 U.S.C. 2904 and 2906.
(11) To appropriate agencies, entities, and persons when: (a) OSHRC
suspects or has confirmed that there has been a breach of the system of
records; (b) OSHRC has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, OSHRC, the
Federal Government, or national security; and (c) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with OSHRC's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm.
(12) To NARA, Office of Government Information Services (OGIS), to
the extent necessary to fulfill its responsibilities in 5 U.S.C.
552(h), to review administrative agency policies, procedures, and
compliance with FOIA, and to facilitate OGIS' offering of mediation
services to resolve disputes between persons making FOIA requests and
administrative agencies.
(13) To another federal agency or federal entity, when OSHRC
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (a) responding to
a suspected or confirmed breach or (b) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
(14) To a bar association or similar federal, state, or local
licensing authority for a possible disciplinary action.
(15) To vetted employees of Tyler Federal, LLC, in order to ensure
that the e-filing/case management system is properly maintained.
(16) To the public, in accordance with 29 U.S.C. 661(g), for the
purpose of inspecting and/or copying the records at OSHRC.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
At the Equinix secure colocation site, the information is stored in
a database contained on a separate database server behind the
application server serving the data. Paper records are stored in the
records room and in file cabinets.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Electronic records contained in the case e-filing/case management
system may be retrieved by any of the data items listed under
``Categories of Records in the System,'' including docket number,
inspection number, any part of a representative's name or the case
name, and user. Paper records may be retrieved manually by docket
number or case name.
[[Page 51201]]
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Under Records Disposition Schedule N1-455-90-1, paper case files
may be destroyed 20 years after a case closes. Under Records
Disposition Schedule N1-455-11-2, electronic records pertaining to
those paper case files may be deleted when no longer needed for the
conduct of current business.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Electronic records contained in the e-filing/case management system
are safeguarded as follows. Data going across the internet is encrypted
using SSL encryption. Every system is password protected. Tyler
Federal, LLC, which stores the data in a government-only cloud within
an Oracle Database, operates its own equipment that is protected by
physical security measures. Only authorized employees of Tyler Federal,
LLC, who have both biometric and PIN access to the datacenter cage
utilized by Tyler Federal, LLC, can physically access the sites where
data is stored. Only authorized and vetted employees of Tyler Federal,
LLC, have access to the servers containing any PII.
The access of parties and their representatives to electronic
records in the system is limited to active files pertaining to cases in
which the parties are named, or the representatives have entered
appearances. The access of OSHRC employees is limited to personnel
having a need for access to perform their official functions and is
additionally restricted through password identification procedures.
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.
RECORD ACCESS PROCEDURES:
Individuals who wish to gain access to their records should notify:
Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, Washington,
DC 20036-3457. For an explanation on how such requests should be
drafted, refer to 29 CFR 2400.4 (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 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 2400.4 (procedures for requesting
notification of and access to personal records).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
July 7, 2016, 81 FR 44335; September 28, 2017, 82 FR 45324; and
August 30, 2018, 83 FR 44309.
Nadine N. Mancini,
General Counsel, Senior Agency Official for Privacy.
[FR Doc. 2021-19774 Filed 9-13-21; 8:45 am]
BILLING CODE 7600-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.