2400.7(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 therefore, e.g., relevance, accuracy, timeliness or completeness of the record.

2400.7(b)

"Action to be taken by the Executive Director." Upon receiving an amendment request, he or she shall promptly:

2400.7(b)(1)

Acknowledge in writing within ten (10) working days the receipt of the request.

2400.7(b)(2)

Make such inquiry as is necessary to determine whether the amendment is appropriate, and

2400.7(b)(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

..2400.7(b)(4)

2400.7(b)(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.

2400.7(c)

"Appeal procedure."

2400.7(c)(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.

2400.7(c)(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:

2400.7(c)(2)(i)

Reasonable identification of the record to which access was sought or the amendment of which was requested.

2400.7(c)(2)(ii)

A statement of the OSHRC action or failure to act being appealed and the relief sought

2400.7(c)(2)(iii)

A copy of the request, the notification of denial and of any other related correspondence.

..2400.7(c)(3)

2400.7(c)(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.

2400.7(c)(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.

2400.7(d)

"Submission of statement of disagreement." If the final decision does not satisfy the requester, any statement of reasonable length, provided by the individual, setting forth a position regarding the disputed information, shall be accepted and included in the relevant personal record.

2400.7(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]