Discrimination Complaint File.
None.
National and Regional Offices of the Occupational Safety and Health
Administration; see the Appendix to this document.
Individuals who have filed complaints alleging discrimination against
them by their employers for exercising safety and health rights. Complainants
may file pursuant to section 11(c) of the Occupational Safety and Health Act
(29 U.S.C. 651-678), section 405 of the Surface Transportation Assistance Act
(49 U.S.C. 31105 et seq.), section 211 of the Asbestos Hazard Emergency
Response Act (15 U.S.C. 2601) or section of the International Safe Container
Act (46 U.S.C. 1501 et seq.). Complaints are also filed pursuant to
those additional statutes listed below under the category entitled Authority
for Maintenance of the System. Employees who are covered by the statutes listed
below may file complaints alleging discrimination on the basis of protected
activity relating to environmental laws.
Name, address, telephone number, social security number, occupation,
place of employment, and other identifying data along with the type of
allegation. This material includes interviews and other data gathered by the
investigator.
Section 11(c) of the Occupational Safety and Health Act (29 U.S.C.
651-678); section 405 of the Surface Transportation Assistance Act (49 U.S.C.
31105); section 211 of the Asbestos Hazard Emergency Response Act (15 U.S.C.
2601 et seq.); section 7 of the International Safe Container Act (46
U.S.C. 1501 et seq.); the Safe Drinking Water Act (42 U.S.C. 300j-9(i));
the Water Pollution Control Act (33 U.S.C. 1367); the Toxic Substances Control
Act (15 U.S.C. 2622); the Wendell H. Ford Aviation Investment and Reform Act
for the 21st Century, 29 U.S.C. 42121; the Solid Waste Disposal Act
(42 U.S.C. 6971); the Clean Air Act (42 U.S.C.7622); the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
9610); and the Energy Reorganization Act of 1974 (42 U.S.C. 5851).
The records are used to support investigative materials discovered or
created during investigation of violations of the health and safety statutes
and the environmental statutes listed in the category in this notice for
Authority. The records also are used as the basis of statistical reports on
such activity by regional administrators, investigators, and their supervisors
in the Occupational Safety and Health Administration.
A. With respect to the first four statutes listed under the Authority
category, disclosure of the gravamen of a complaint, as well as the name of the
complainant, may be made to the employer, so that the complaint can proceed to
a resolution.
B. With respect to the eight remaining statutes listed under the
Authority category, disclosure of a copy of the actual written complaint by the
complainant, may be made to the employer so that the complaint can proceed to a
resolution.
C. With respect to complaints under the Energy Reorganization Act
(ERA), disclosure of a copy of the actual written complaint by the complainant,
may be made to the United States Nuclear Regulatory Agency, as mandated by the
ERA.
D. With respect to complaints under the environmental statutes,
disclosure of a copy of the actual written complaint by the complainant, may be
made to the United States Environmental Protection Agency (EPA), as mandated by
this Department's regulation, 29 CFR Part 24.
E. With respect to complaints under the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century, disclosure of a copy of the
actual written complaint by the complainant, may be made to the Federal
Aviation Administration, as is mandated by the Act.
F. All of the above five disclosures are in addition to those universal
routine uses listed in the General Prefatory Statement to this document.
None.
Manual files.
By complainant's name or case identification number.
Locked storage equipment and personnel screening.
Destroy five years after case is closed.
Director of the Office of 11(c) Programs in the National Office and
Regional Administrators at addresses in the Appendix.
Individuals wishing to inquire whether this system of records contains
information about them should contact the system manager at the appropriate
system location.
Individuals wishing to gain access to non-exempt records should contact
the system manager at the appropriate system location.
Individuals wishing to request amendment of any non-exempt records
should contact the system manager at the system location listed above.
Individual complainants who filed allegation(s) of discrimination by
employer(s) against employee(s) who have exercised job safety and health
responsibilities; information compiled in connection with investigations. Also
employers, employees and witnesses.
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.
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