7600-01-M
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.
SUMMARY: In accordance with the Privacy Act of 1974, the Occupational Safety and
Health Review Commission (OSHRC) is revising the notice for Privacy Act system-ofrecords OSHRC-5.
DATES: Comments must be received by OSHRC on or before [INSERT DATE 30
DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. 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:
• E-mail: OSHRC_Privacy@oshrc.gov. Include “PRIVACY ACT SYSTEM OF
RECORDS” in the subject line of the message.
• Mail: One Lafayette Centre, 1120 20th Street NW, Ninth Floor, Washington,
DC 20036-3457.
• Hand Delivery/Courier: same as mailing address.
Instructions: All submissions must include your name, return address, and e-mail
address, if applicable. Please clearly label submissions as “PRIVACY ACT SYSTEM
OF RECORDS.”
FOR FURTHER INFORMATION CONTACT: Ron Bailey, Senior AttorneyAdvisor, Office of the General Counsel, via telephone at (202) 606-5410, or via e-mail at
OSHRC_Privacy@oshrc.gov.
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, 5 U.S.C.

552a(e)(4), requires Federal agencies such as OSHRC to publish in the Federal Register
notice of any new or modified system of records.
As detailed below, OSHRC is revising this system-of-records notice to reflect that
records related to Privacy Act requests, as well as program-related training, are
maintained by employees in the Office of General Counsel. In addition, the notice has
been revised to reflect that Microsoft OneDrive and .gov email accounts dedicated to
Freedom of Information Act requests and privacy matters may contain Privacy Act
records covered by this notice.
The notice for OSHRC-5, provided below in its entirety, is as follows.
SYSTEM NAME AND NUMBER: Office of the General Counsel Records, OSHRC-5.
SECURITY CLASSIFICATION: Unclassified.
SYSTEM LOCATION: Office of the General Counsel, OSHRC, 1120 20th Street NW,
Ninth Floor, Washington, DC 20036-3457.
SYSTEM MANAGER(S): Office of the General Counsel, OSHRC, 1120 20th Street,
NW, Ninth Floor, Washington, DC 20036-3457; (202) 606-5100.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301; 5 U.S.C.
552; 5 U.S.C. 552a; 29 U.S.C. 661; 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM: This system of records is maintained to assist
management in making decisions with respect to case processing activities; to assist
OSHRC attorneys in organizing their work product; and to assist in other matters
assigned to the Office of the General Counsel, such as processing Freedom of
Information Act (FOIA) and Privacy Act requests and implementation of the agency’s
privacy program.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system of
records covers current and former OSHRC employees, contractors, and Commission

members; Freedom of Information Act and Privacy Act requesters; and parties in cases
that have been, or presently are, before OSHRC.
CATEGORIES OF RECORDS IN THE SYSTEM: This system of records contains
documents—filings and other materials—pertaining to cases before OSHRC. These
documents may include the following categories of records: (1) the names and locations
(city and state) of the individuals representing each party; (2) the names of sole
proprietors cited by OSHA, as well as employees and other witnesses, and information
describing those individuals, including job title and duties, medical history, and other
descriptive information that is relevant to the disposition of a case; and (3) the names and
job titles of the Commissioners and ALJs. This system also contains other matters that
have been assigned to the Office of the General Counsel for processing, such as FOIA
and Privacy Act requests, which include the names of FOIA and Privacy Act requesters,
contact information, and information concerning the requests. In addition, this system
contains program-related training records, which include the names and/or business email
addresses of OSHRC employees and contractors. Finally, this system includes
documents necessary for managerial oversite, such as charts relating to workflow and
teleworking. These documents may include the names of OSHRC employees and the
cases assigned to them, as well as the employees’ contact information.
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.
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. A19.
(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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS: Records are stored
(1) on paper in offices and locked file cabinets at OSHRC’s National Office in
Washington, D.C.; (2) electronically on a shared OSHRC drive or on Microsoft
OneDrive, both of which are access-restricted and require a username and password; and
(3) as to some FOIA and Privacy Act requests, in .gov email accounts, which are
dedicated to FOIA and privacy matters, access-restricted, and require a username and
password.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: Records may be
retrieved manually or electronically by case names or docket numbers; the names of
OSHRC employees, contractors, or Commission members; or the names of other
individuals, such as FOIA and Privacy Act requesters.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF
RECORDS: Paper and electronic records are maintained in accordance with General
Records Schedules 2.6, 4.2, and 5.1, or for as long as needed for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: Paper
records are maintained in offices and locked file cabinets. During duty hours, the records
are under surveillance of personnel charged with their custody. After duty hours, the
offices are accessible only using an office key or access card. Access to electronic
records maintained on an OSHRC shared drive, Microsoft OneDrive, or dedicated .gov
email accounts is restricted to personnel who require 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: April 14, 2006, 71 FR 19556; August 4, 2008, 73 FR 45256; October 5,
2015, 80 FR 60182; September 28, 2017, 82 FR 45324; and October 31, 2018, 83 FR
54789.
Nadine N. Mancini,
General Counsel,
Senior Agency Official for Privacy.
[FR Doc. 2024-15275 Filed: 7/10/2024 8:45 am; Publication Date: 7/11/2024]