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Office of the Solicitor

Privacy Act Systems - DOL/MSHA-19

SYSTEM NAME:

    Employee Conduct Investigations.

SECURITY CLASSIFICATION:

    Unclassified.

SYSTEM LOCATION:

    Mine Safety and Health Administration, Administration and Management, U.S. Department of Labor, 4015 Wilson Blvd., Arlington, Virginia 22203.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Any MSHA employee against whom any allegation of serious misconduct, illegal acts, conflict of interest, etc. has been made.

CATEGORIES OF RECORDS IN THE SYSTEM:

    Name, organization, allegation and other pertinent information relating to the individual involved, as well as the investigative report associated with the case, including interviews and other data.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    5 U.S.C. 301, 7301, Executive Order 11222.

PURPOSE:

    The primary use of the records is to determine facts and circumstances relative to allegations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    None, except for those universal routine uses listed in the General Prefatory Statement to this document.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

    Manual records are maintained in manila folders which are stored in locked file cabinets. Computer records are maintained in a password controlled, computerized tracking system.

RETRIEVABILITY:

    By name or by file number.

SAFEGUARDS:

    Maintained in locked file cabinets and password controlled computer system.

RETENTION AND DISPOSAL:

    Records are retained for four years following the date either: (a) They are referred to the OIG; (b) they are transferred to OPM/GOVT-3 Records of Adverse Actions and Actions Based on Unacceptable Performance; or (c) it is determined that the allegation was without sufficient merit to warrant further action, after which they are destroyed by burning.

SYSTEM MANAGER(S) AND ADDRESS:

    Director of Administration and Management, MSHA, 4015 Wilson Blvd. Arlington, Virginia 22203.

NOTIFICATION PROCEDURE:

    Inquiries regarding the existence of records should be addressed to the System Manager. A written, signed request stating that the requestor seeks information concerning records pertaining to him/her is required.

RECORD ACCESS PROCEDURES:

    To see records, an individual must provide the request in writing to the System Manager. It must be as specific as possible and the following information must be furnished:

  1. Full name.

  2. Date of birth.

  3. Signature.

CONTESTING RECORD PROCEDURES:

    Individuals requesting amendment to the record should contact the System Manager and furnish the following information:

  1. Full name.

  2. Date of birth.

  3. Signature.

RECORD SOURCE CATEGORIES:

    Individual employees and officials of MSHA and any others alleging misconduct.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

    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.