[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2400.7]

[Page 318]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2400_REGULATIONS IMPLEMENTING THE PRIVACY ACT--Table of Contents
 
Sec. 2400.7  Procedures for requesting amendment.

    (a) Submission of requests for amendment. Upon review of an 
individual's personal record, that individual may submit a request to 
amend such record. This request shall be submitted in writing to the 
Executive Director and shall include a statement of the amendment 
requested and the reasons therefor, e.g., relevance, accuracy, 
timeliness or completeness of the record.
    (b) Action to be taken by the Executive Director. Upon receiving an 
amendment request, he or she shall promptly:
    (1) Acknowledge in writing within ten (10) working days the receipt 
of the request.
    (2) Make such inquiry as is necessary to determine whether the 
amendment is appropriate, and
    (3) Correct or eliminate any information that is found to be 
incomplete, inaccurate, not relevant to a statutory purpose of OSHRC, or 
not timely and notify the requester when this action is complete, or
    (4) Notify the requester of a determination not to amend and of the 
individual's right to appeal not later than thirty (30) working days 
after receipt of a request to amend.
    (c) Appeal procedure. (1) If a request to inspect, copy or amend a 
record is denied, in whole or in part, or if no determination is made 
within the period prescribed by this part, the requester may appeal to 
the Chairman, OSHRC, One Lafayette Centre, 1120-20th Street NW., 9th 
Floor, Washington, DC 20036-3419.
    (2) The requester shall submit his appeal in writing within thirty 
(30) days of the date of denial, or within ninety (90) days of such 
request if the appeal is from a failure of the Executive Director to 
make a determination. The letter of appeal should include, as 
applicable:
    (i) Reasonable identification of the record to which access was 
sought or the amendment of which was requested.
    (ii) A statement of the OSHRC action or failure to act being 
appealed and the relief sought.
    (iii) A copy of the request, the notification of denial and of any 
other related correspondence.
    (3) The Chairman shall make his final determination not later than 
thirty (30) days from the date of the request, unless he extends the 
time for good cause to be shown by him but not to exceed ninety (90) 
days from the date of the request. Any record found on appeal to be not 
complete, accurate, relevant, or timely, shall within thirty (30) 
working days of the date of such findings be appropriately amended.
    (4) The decision of the Chairman constitutes the final decision of 
OSHRC on the right of the requester to inspect, copy, change or update a 
record. The decision on the appeal shall be in writing and, in the event 
of a denial, shall set forth the reasons for such denial and state the 
individual's right to obtain judicial review in a district court. An 
indexed file of the agency decisions on appeal shall be maintained by 
the Executive Director.
    (d) Submission of statement of disagreement. If the final decision 
does not satisfy the requester, any statement of reasonable length, 
provided by that individual, setting forth a position regarding the 
disputed information, shall be accepted and included in the relevant 
personal record.
    (e) Availability of assistance in exercising rights. The Executive 
Director is available to provide an individual with assistance in 
exercising rights pursuant to this part.

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

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