Notice2023-23300
Privacy Act of 1974; System of Records
Primary source
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Published
October 25, 2023
Issuing agencies
Defense DepartmentArmy Department
Abstract
In accordance with the Privacy Act of 1974, the Department of the Army proposes to establish a new system of records titled, Army Safety Management Program Records (ASMPR)-A0385-1 DAS. It supports the management and prevention of work-related illnesses and injuries by individuals engaged in DoD work-related activities while on or off the worksite. The system automates accidents, mishaps, safety inspections, and workplace hazard investigation data collection, identifies causal factors and potentially unsafe practices or conditions, and makes recommendations for corrective actions to prevent recurrence and reduce hazardous conditions. Additionally, DoD is issuing a Notice of Proposed Rulemaking, which proposes to exempt this system of records from certain provisions of the Privacy Act, elsewhere in today's issue of the Federal Register.
Full Text
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<title>Federal Register, Volume 88 Issue 205 (Wednesday, October 25, 2023)</title>
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[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73324-73326]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23300]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA-2023-HQ-0015]
Privacy Act of 1974; System of Records
AGENCY: Department of the Army, Department of Defense (DoD).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
the Army proposes to establish a new system of records titled, Army
Safety Management Program Records (ASMPR)-A0385-1 DAS. It supports the
management and prevention of work-related illnesses and injuries by
individuals engaged in DoD work-related activities while on or off the
worksite. The system automates accidents, mishaps, safety inspections,
and workplace hazard investigation data collection, identifies causal
factors and potentially unsafe practices or conditions, and makes
recommendations for corrective actions to prevent recurrence and reduce
hazardous conditions. Additionally, DoD is issuing a Notice of Proposed
Rulemaking, which proposes to exempt this system of records from
certain provisions of the Privacy Act, elsewhere in today's issue of
the Federal Register.
DATES: This system of records is effective upon publication; however,
comments on the Routine Uses will be accepted on or before November 24,
2023. The Routine Uses are effective at the close of the comment
period.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
* Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
08D09, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the internet
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Joyce Luton, Department of the
Army, Records Management Directorate, Attention: Army Privacy and Civil
Liberties Office, 9301 Chapek Road (Building 1458), Fort Belvoir, VA
22060-5605, or by calling (571) 515-0213.
SUPPLEMENTARY INFORMATION:
I. Background
The Army Safety Management Information Program Records (ASMPR)
documents safety mishaps and occupational incidents that require a
safety investigation or an occupational health report as mandated by
Federal law or DoD and Army policies. The system of records supports
the operation of the Army's safety and occupational health program,
which seeks to protect personnel from accidental death, injury, or
occupational illness and apply risk management strategies to eliminate
occupational injury or illness and loss of mission capability and
resources, both on and off duty. This system of records describes
Army's collection, use, and maintenance of records about an individual
associated with accidents, mishaps, safety inspections, workplace
hazards, and general risk management.
DoD SORNs have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or at the
Defense Privacy, Civil Liberties, and Freedom of Information
Directorate website at <a href="https://dpcld.defense.gov">https://dpcld.defense.gov</a>.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
[[Page 73325]]
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, DoD has provided a report of this
system of records to the OMB and to Congress.
Dated: October 17, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Army Safety Management Program Records (ASMPR)-A0385-1 DAS.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
U.S. Army Combat Readiness Center 4905 5th Ave, Fort Rucker, AL
36362.
SYSTEM MANAGER(S):
The system manager is Commander, U.S. Army Combat Readiness Center,
4905 5th Avenue, Fort Rucker, AL 36362-5363, 334-255-3819.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 7013, Secretary of
the Army; 5 U.S.C. 7902, Safety Programs; Executive Order (E.O.) 12196,
Occupational Safety and Health Programs for Federal employees; DoD
Instruction (DoDI) 6055.01, DoD Safety and Occupational Health (SOH)
Program; DoDI 6055.05, Occupational and Environmental Health (OEH);
DoDI 6055.07, Mishap Notification, Investigation, Reporting, and Record
Keeping; Army Regulation 385-10, Army Safety Program; and E.O. 9397
(SSN), as amended.
PURPOSE(S) OF THE SYSTEM:
A. To investigate injuries and illnesses due to work-related
activities, support the prevention and management of such injuries and
illnesses, and reduce their adverse impact on operational readiness.
B. To support the automation and integration safety and
occupational health into the Department of Army's overall management
system and to ensure continuous improvement of safety and occupational
health performance throughout the agency.
C. To collect and analyze safety and occupational health experience
and exposure data for further study, and train personnel in safety and
health.
D. To document and correlate relationships between planned actions
and resultant accidents, mishaps, safety inspections, and workplace
hazards; and to support prevention efforts.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Individuals who suffer work-related injuries or illness caused
by an accident, mishap, or hazard during work-related activities while
on or off a DoD worksite, where there is a nexus to Department of Army
personnel, activities, or facilities/equipment; (2) individuals found
to have contributed to the accident, mishap, or hazard.
CATEGORIES OF RECORDS IN THE SYSTEM:
A. For both categories of individuals, the system is likely to
include Personal Information such as name, Social Security Number
(SSN), DoD ID number, date of birth, gender, home address, email
address, phone numbers, marital status, language; employment
information, to include pay grade, job title, military unit
destination, branch and location, educational status, deployment date.
B. For the category of individuals who have suffered injury or
illness, the system is likely to include date of injury or illness,
diagnosis, photographs, reports (police or casualty) and witness
statements, investigation board findings and recommendations, mishap-
related injuries recorded in military medical treatment records, and
other records relevant to evaluating or investigating the illness,
injury, or incident.
C. For category of individuals who were found to have caused the
mishap or accident, the system is likely to include training and
licensures pertinent to the operation of the specific vehicle or
equipment involved, alcohol use, blood alcohol level if applicable,
drug use, activity, fatigue factors, mistake(s) that contributed,
personal protective equipment provided or used, and other records
relevant to evaluating or investigating the incident.
Note 1. SSNs are no longer collected or retained for any individual
involved in a mishap or accident. The SSN is only maintained in legacy
mishap reports created prior to October 5, 2020.
Note 2. Privileged Safety Information, as defined in DoDI 6055.07,
is not included in this system of records.
Note 3. General training records maintained in Army Safety
Management Information System (ASMIS) that are not incorporated into a
mishap or accident file are covered by DoD-0005, Defense Training
Records SORN.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from:
A. Individuals, medical examiners, physicians or other medical
service providers, supervisors, worker's compensation program records,
and other relevant sources to supplement information reported directly
by injured personnel.
B. Incident and investigative reports, to include accident/casualty
reports, and military aviation records.
C. Other DoD databases, to include: Defense Manpower Data Center,
Defense Civilian Personnel Data System, Defense Enrollment Eligibility
Reporting System (DEERS), Defense Casualty Information Processing
System, Reserve Component Automation System--Safety & Occupational
Health, and Defense Health Agency E-Commerce System.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as amended, all or a portion of the
records or information contained herein may specifically be disclosed
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government when
necessary to accomplish an agency function related to this system of
records.
B. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
C. To any component of the Department of Justice for the purpose of
representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
pertinent.
D. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
E. To the National Archives and Records Administration for the
purpose of records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress or staff acting upon the Member's behalf
when
[[Page 73326]]
the Member or staff requests the information on behalf of, and at the
request of, the individual who is the subject of the record.
G. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms a breach of the system of records; (2) the DoD
determines as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the DoD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the DoD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
H. To another Federal agency or Federal entity, when the DoD
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) 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.
I. To another Federal, State or local agency for the purpose of
comparing to the agency's system of records or to non-Federal records,
in coordination with an Office of Inspector General in conducting an
audit, investigation, inspection, evaluation, or some other review as
authorized by the Inspector General Act of 1978, as amended.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
K. To the U.S. Department of Labor, the Federal Aviation
Administration, the National Transportation Safety Board, and state or
local government organizations for use in a combined effort of accident
prevention and post-incident analysis of factual data.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. The records may be
stored on magnetic disc, tape, or digital media or in agency-owned
cloud environments.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by the individual's name, DoD ID number,
and/or DoD email address.
POLICIES AND PRACTICES FOR RETENTIO AND DISPOSAL OF RECORDS:
Records are retained for 50 years then destroyed.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are maintained in controlled areas accessible only to
authorized personnel. Access to personal information is further
restricted by the use of Common Access Cards and user ID/passwords.
Paper records are maintained in a controlled facility where physical
entry is restricted by the use of locks, a card access control system,
staffed reception areas and cameras inside and outside which monitor
all doors. Technical controls in place include user identification and
passwords, an Intrusion Detection System, encryption, firewalls,
Virtual Private Networks and Public Key Infrastructure Certificates.
Administrative controls in place include periodic security audits,
ensuring only authorized personnel have access to personally
identifiable information, encryption of backups containing sensitive
data, and securing backups off-site.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records should follow the
procedures in 32 CFR part 310. Individuals should address written
inquiries to the FOIA Office, Commander, U.S. Army Combat Readiness
Center, 4905 5th Avenue, Fort Rucker, AL 36362-5363. Signed written
requests should contain the name and number of this system of records
notice along with the full name, current address, and email address of
the individual. In addition, the requester must provide either a
notarized statement or an unsworn declaration made in accordance with
28 U.S.C. 1746, in the appropriate format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records, contesting contents, and
appealing initial agency determinations are contained in 32 CFR part
310, or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system should follow the instructions
for Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The DoD has exempted records maintained in this system from 5
U.S.C. 552a(c)(3), (d)(1), (2), (3) and (4); (e)(1), (4)(G), (H), and
(I); and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(2), as
applicable. In addition, when exempt records received from other
systems of records become part of this system, the DoD also claims the
same exemptions for those records that are claimed for the prior
system(s) of records from which they were a part and claims any
additional exemptions set forth here. An exemption rule for this system
has been promulgated in accordance with the requirements of 5 U.S.C.
553(b)(1), (2), and (3), and (c), and published in 32 CFR part 310.
HISTORY:
None.
[FR Doc. 2023-23300 Filed 10-24-23; 8:45 am]
BILLING CODE 6001-FR-P
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</html>Indexed from Federal Register on October 25, 2023.
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.