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Civil/Criminal Investigations.
Unclassified.
Office of the Administrator for Coal Mine Safety and Health and Office
of the Administrator for Metal and Nonmetal Mine Safety and Health, Mine Safety
and Health Administration, U.S. Department of Labor, 4015 Wilson Boulevard,
Arlington, Virginia 22203 and all Coal and Metal and Nonmetal Mine Safety and
Health district offices (see the Appendix for addresses).
Individuals who allegedly, knowingly or willfully, committed violations
of the Federal Mine Safety and Health Act of 1977 (Mine Act) and the Coal Mine
Health and Safety Act of 1969 (Coal Act); individuals who have been criminally
prosecuted for such violations; and individuals who have been civilly assessed
a monetary penalty for violations of the 1977 Mine Act or 1969 Coal Act.
Name, address, telephone number, social security number, occupation,
place of employment, and other identifying data along with allegation
information of miners, mine operators, and other individuals. Interviews and
other data gathered by the investigator.
30 U.S.C. 820.
Records are maintained to determine validity and gravity of allegations
and the amount of civil penalty assessment or referral for possible criminal
prosecution.
None, except for those universal routine uses listed in the General
Prefatory Statement of this document.
None.
In manila file folders and computerized tracking system.
Records are filed by case number; agent's name; company name; mine
name, identification number (I.D.) or address.
Maintained in locked file cabinets and secured computer system.
Retained for 3 years, then transferred to a Federal Records Center
where they are retained for 15 years, then destroyed except for cases involving
health issues. For those cases involving health issues retain for 3 years, then
transferred to a Federal Records Center where they are retained for 27 years,
then destroyed.
Administrator for Coal Mine Safety Health, Ballston Towers No. 3, 4015
Wilson Boulevard, Arlington, Virginia 22203; Administrator for Metal and
Nonmetal Mine Safety and Health, same address as above.
Inquiries regarding the existence of records should be addressed to the
System Manager. A written, signed request stating that the requester seeks
information concerning records pertaining to him/her is required.
To see your records, write the System Manager and describe as
specifically as possible the records being sought and furnish the following
information:
a. Full name
b. Date of birth
c. Signature
Individuals requesting amendment to the record should contact the
System Manager and furnish the following information:
a. Full name
b. Date of birth
c. Signature
Miners and mine operators, MSHA investigators and other individuals.
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in this
system of records compiled for law enforcement purposes is exempt from
subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f) of 5 U.S.C.
552a, provided however, that if any individual is denied any right, privilege,
or benefit that he or she would otherwise be entitled to by Federal law, or for
which he or she would otherwise be eligible, as a result of the maintenance of
these records, such material shall be provided to the individual, except to the
extent that the disclosure of such material would reveal the identity of a
source who furnished information to the Government under an express promise
that the identity of the source would be held in confidence, or prior to
January 1, 1975, under an implied promise that the identity of the source would
be held in confidence.
In accordance with 5 U.S.C. 552a(j)(2), investigatory material in this
system of records compiled for criminal law enforcement purposes is exempt from
subsections (c)(3), (c)(4), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), of 5 U.S.C. 552a.
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