[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44335-44337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16065]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


Privacy Act of 1974; Revised System of Records

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Notice of revised system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, as 
amended, the Occupational Safety and Health Review Commission (OSHRC) 
is revising the notice for Privacy Act system-of-records OSHRC-6. 
OSHRC's Privacy Act system-of-records notices are published at 72 FR 
54301, 54301-03, Sept. 24, 2007, and 71 FR 19556, 19556-67, Apr. 14, 
2006, with additional blanket routine uses published at 73 FR 45256, 
45256-57, Aug. 4, 2008, and 80 FR 60182, 60182, Oct. 5, 2015.

DATES: Comments must be received by OSHRC on or before August 16, 2016. 
The revised system of records will become effective on that date, 
without any further notice in the Federal Register, unless comments or 
government approval procedures necessitate otherwise.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``PRIVACY ACT SYSTEM OF 
RECORDS'' in the subject line of the message.
     Fax: (202) 606-5417.
     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 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 [email protected].

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 revised system of records. As 
detailed below, OSHRC is revising OSHRC-6, formerly named ``Case 
Management System/Tracking System.'' The revised notice for OSHRC-6, 
provided below in its entirety, is as follows.
OSHRC-6

System name:
    E-Filing/Case Management System.

Security classification:
    None.

System location:
    Electronic records are maintained in a private cloud within an 
Oracle Database, operated by MicroPact at 12901 Worldgate Drive, Suite 
800, Herndon, VA 20170. Paper records are maintained by the Office of 
the Executive Secretary, located at 1120

[[Page 44336]]

20th Street NW., Ninth Floor, Washington, DC 20036-3457.

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 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.

Authority for maintenance of the system:
    29 U.S.C. 661.

Purpose(s):
    This system of records is maintained for the purpose of processing 
cases that are before OSHRC.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to the Blanket Routine Uses discussed in 71 FR at 
19558-59, 73 FR at 45256-57, and 80 FR at 60182, 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, records may be disclosed to 
vetted MicroPact employees in order to ensure that the e-filing/case 
management system is properly maintained. And, 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 at OSHRC.

Disclosures to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    At MicroPact's secure facility, 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.

Retrievability:
    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.

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. MicroPact, 
which stores the data in a private cloud within an Oracle Database, 
operates its own datacenter that is protected by physical security 
measures. Only authorized MicroPact employees who have both physical 
key and key card access to the datacenter can physically access the 
sites where data is stored. Only authorized and vetted MicroPact 
employees 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.

Retention and disposal:
    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.

System manager(s) and address:
    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.

Notification procedure:
    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).

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 2400.6 (procedures for requesting 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 contents of a record, refer to 29 CFR 2400.8 (Procedures 
for requesting amendment), and 29 CFR 2400.9 (Procedures for 
appealing).

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.

Exemptions claimed for the system:
    None.


[[Page 44337]]


    Dated: June 29, 2016.
Cynthia L. Attwood,
Chairman.
[FR Doc. 2016-16065 Filed 7-6-16; 8:45 am]
 BILLING CODE 7600-01-P