[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2400.4]

[Page 322-323]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2400_REGULATIONS IMPLEMENTING THE PRIVACY ACT--Table of Contents
 
Sec. 2400.4  Collection and disclosure of personal information.

    (a) The following rules govern the collection of personal 
information throughout OSHRC operations:
    (1) The OSHRC shall:
    (i) Solicit, collect and maintain only such personal information as 
is relevant and necessary to accomplish a purpose required by statute or 
executive order.
    (ii) Collect information, to the greatest extent practicable, 
directly from the subject individual when such information may result in 
adverse determinations about an individual's rights, benefits or 
privileges.
    (iii) Inform any individual requested to disclose personal 
information whether that disclosure is mandatory or voluntary, by what 
authority it is solicited, the principal purposes for which it is 
intended to be used, the routine uses which may be made of it, and any 
penalties or consequences known to the OSHRC which shall result to the 
individual from such non-disclosure.
    (2) OSHRC shall not discriminate against any individual who fails to 
provide personal information unless that information is required or 
necessary for the conduct of the system or program in which the 
individual desires to participate. See Sec. 2400.4(a)(1)(i).
    (3) No information shall be collected or maintained which describes 
how individuals exercise rights guaranteed by the First Amendment unless 
the Commission specifically determines that such information is relevant 
and necessary to carry out a statutory purpose of the OSHRC, and the 
collection is expressly authorized by statute or by the individual about 
whom the record is maintained.
    (4) OSHRC shall not require disclosure of any individual's Social 
Security account number or deny a right, privilege or benefit because of 
the individual's refusal to disclose the number unless disclosure is 
required by Federal law.
    (b) Disclosures--(1) Limitations. OSHRC shall not disseminate 
personal information unless reasonable efforts have been made to assure 
that the information is accurate, complete, timely and relevant and
    (i) The individual to whom the record pertains has requested in 
writing that the information be disseminated, or
    (ii) It has obtained the prior written consent of the individual to 
whom the record pertains, or
    (iii) The dissemination is in accordance with paragraph (b)(2) of 
this section.
    (2) Dissemination of personal information may be made:
    (i) To a person pursuant to a requirement of the Freedom of 
Information Act (5 U.S.C. 552);
    (ii) To those officers and employees of OSHRC who have a need for 
such information in the performance of their duties;
    (iii) For a routine use as contained in the system notices published 
in the Federal Register;
    (iv) To a recipient who has provided adequate advance written 
assurance that the information shall be used solely as a statistical 
reporting or research record, and to whom the information is transferred 
in a form that is not individually identifiable;
    (v) To the Bureau of the Census for purposes of planning or carrying 
out a census or survey or related activity pursuant to the provisions of 
title 13, U.S. Code;
    (vi) To the National Archives of the United States as a record which 
has sufficient historical or other value to warrant its continued 
preservation by the United States Government, or for evaluation by the 
Administrator of General Services or his designee to determine whether 
the record has such value;
    (vii) To a person pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual, if upon such disclosure 
notification is transmitted to the last known address of such 
individual;
    (viii) To a Federal agency or an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity, if such activity is 
authorized by law and if the head of the agency or instrumentality has 
made a written request to the OSHRC specifying the particular portion of 
the record desired and the

[[Page 323]]

law enforcement activity for which the record is sought;
    (ix) To either House of Congress or its committees or subcommittees 
to the extent of matter within their jurisdiction;
    (x) To the Comptroller General or any of his authorized 
representatives in the course of the performance of the duties of the 
General Accounting Office;
    (xi) Pursuant to the order of a court of competent jurisdiction;
    (xii) To a congressional office from the record of an individual in 
response to an inquiry from the congressional office made at the written 
request of that individual. The consent implied from such a written 
request applies only to congressional inquiries.
    (3) Employee credit references. The Personnel Office shall verify 
the following information provided by an employee to a credit bureau or 
commercial firm from which an employee is seeking credit: length of 
service, job title, grade, salary, tenure of employment, and Civil 
service status.
    (4) Employee job references. Prospective employers of an OSHRC 
employee or a former OSHRC employee may be furnished with the 
information in Sec. 2400.4(b)(3) above, in addition to the date and 
reason for separation if applicable, upon the request of the employee or 
former employee.
    (c) Correction disclosure. Any person or other agency to which a 
personal record has been or is to be disclosed shall be informed of any 
corrections or be provided copies of statements of dispute, and 
notifications specifying the portions of the record relating thereto 
affecting the accuracy, timeliness or relevance of that personal record.
    (d) Record of disclosure. (1) An accurate accounting of each 
disclosure shall be kept in all instances except those in which 
disclosure is made to OSHRC employees in the performance of their duties 
or is required by the Freedom of Information Act (5 U.S.C. 552), in 
conformance with section 552a(c) of the Privacy Act.
    (2) The accounting shall be maintained for at least five (5) years 
or the life of the record, whichever is longer.
    (3) The accounting shall be made available to the individual named 
in the record upon inquiry, except for disclosures made pursuant to 
provision paragraph (b)(2)(viii) of this section relating to law 
enforcement activities.