[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2400.6]

[Page 300-302]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2400--REGULATIONS IMPLEMENTING THE PRIVACY ACT--Table of Contents
 
Sec. 2400.6  Procedures for requesting   records.

    The purpose of this section is to provide procedures by which an 
individual may have access to personal information within a 
comprehensive format.
    (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 Executive 
Director, OSHRC, One Lafayette Centre, 1120-20th Street NW., 9th Floor, 
Washington, DC 20036-3419. Access to OSHRC records maintained in 
National Archives and Records Service Centers may be obtained in 
accordance with the regulations issued by the General Services 
Administration.
    (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. Upon request, OSHRC also 
shall disclose to the individual an accounting of any disclosures made 
from the individual's record.
    (3) Period for response. Upon receipt of an inquiry the Executive 
Director shall respond promptly to the request and no later than 10 days 
from receipt of such inquiry.

[[Page 301]]

    (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 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 such notarized 
statements may be obtained on request from the Executive Director.
    (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 the required form indicating 
that OSHRC is authorized to discuss the contents of the subject record 
in the presence of both individuals.
    (e) Special rules for medical records. Medical records shall be 
disclosed to the requester to whom they pertain unless the Executive 
Director, in consultation with a medical doctor named by the requesting 
individual, determines that access to such record could have an adverse 
effect upon such individual. In such a case, the Executive Director 
shall transmit such information to the named medical doctor.
    (f) When compliance is possible. (1) The Executive Director 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)(2) of 
this section, or
    (ii) The responsible official 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 
disclosure 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.

[[Page 302]]

    (g) Response when compliance is not possible. A reply denying a 
written request to review a record shall be in writing signed by the 
Executive Director or other appropriate official 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 right to 
obtain judicial review in a district court of the United States.

[44 FR 3968, Jan. 19, 1979, as amended at 58 FR 26066, Apr. 30, 1993]