OSHA Instruction ADM 12-9.2 October 30, 1978

MEMORANDUM FOR: RICHARD P. WILSON, ACTING DIRECTOR, FEDERAL

FROM: Margaret Pallansch Counsel for State Plans and Grants

SUBJECT: Privacy Act

This is in response to your request for our opinion concerning the effect of the Privacy Act on the provision in paragraph B(4)(c)(6) of Chapter XVII of the Field Operations Manual which states that the "State designee shall be informed of the names, qualifications and experience of OSHA compliance personnel who will conduct on-the-job evaluations..."

It is our understanding that there is no "routine use" to transfer to States such information published by the Civil Service Commission for its CSC/Gov't-3 General Personnel Records; that the Department of Labor has no separate system of records for OSHA monitors that is covered by the Privacy Act; and that OSHA has no desire to set up such a system.

The following information can be provided to the State designees without violating the Privacy Act: the name, job title, salary grade and job location of the OSHA monitors. Any additional information may also be released but only with the individual OSHA monitor's permission. The employees must consent to everything that is released to the State. This consent should be in writing and stated as specifically as possible and care must be taken to not coerce employees in any way in, giving such consent.

As above stated the provision in paragraph B(4)(c)(6) is misleading and should be amended to conform with the requirements of the Privacy Act.