Compensation Programs of the Department of Labor. The Office asserts control of these records under the provisions of 5 U.S.C. 8149 and Department regulations at 20 CFR 10.10. This notice applies to copies of claim forms and other documents relating to a compensation claim maintained by the employing agency. This notice, however, does not apply to other medical or related files not created pursuant to the Federal Employees’ Compensation Act which may be in the possession of an agency. This system is entitled DOL/GOVT–1, Office of Workers’ Compensation Programs, Federal Employees’ Compensation File.
Initial determinations on requests for access, amendment or correction of records maintained in this system of records shall be made by the OWCP district office having jurisdiction over the particular claim. In addition, requests for access to copies of records maintained by the employing agency may be directed to that agency. Administrative appeals from initial determinations denying access, amendment or correction, shall be addressed to the Solicitor of Labor, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210, as required by 20 CFR 10.12.
2. Job Corps Student Records: All recordswhich contain information about students during their stay in Job Corps, from entrance to placement and/or termination, are records which must be maintained by the Job Corps center. The Employment and Training Administration asserts control of these records under 29 U.S.C. 2881 et seq. This system is entitled DOL/GOVT–2, Job Corps Student Records.
Initial determinations concerning access, amendment or correction of this government-wide system of records shall be made by screening contractors, Job Corps Center Directors, Job Corps National or Regional Offices. Administrative appeals shall be referred to the Solicitor of Labor, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210.
Special California Earthquake Co-operative Agreement
The San Francisco, California Regional Office of the Department of Labor’s Office of Assistant Secretary for Administration and Management (OASAM), Region IX of OASAM, has entered into a reciprocal agreement with the U.S. Internal Revenue Service’s Office of the Regional Counsel located in San Francisco. The purpose of this reciprocal agreement is to provide each with an alternative off-site location to store computer data. This back-up storage capacity will mitigate damage if an earthquake ever occurs in the San Francisco area. This agreement is based upon the fact that the respective offices of the participants are located at opposite ends of the downtown San Francisco district and the ground structure of the two areas is substantially different.
Addresses to Which Requests May Be Directed
The addresses of the various component units of the Department as well as its regional offices are contained in the Appendix annexed to this document.
In addition, the following government agencies also have Government-wide Systems of Records:
Government-Wide Systems
EEOC/GOVT–/–1—Equal Employment Opportunity Complaint Records and Appeal Records
FEMA/GOVT–1—National Defense Executive Reserve System GSA/GOVT–2—Employment Under
Commercial Activities Contracts GSA/GOVT–3—Travel Charge Card Program GSA/GOVT–4—Contracted Travel Services
Programs MSPB/GOVT–1—Appeal and Case Records OGE/GOVT–1—Executive Branch Public
Financial Disclosure Reports and Other Ethics Program Records OGE/GOVT–2—Confidential Statements of
Employment and Financial Interests OPM/GOVT–1—General Personnel Records OPM/GOVT–2—Employee Performance File
System Records
OPM/GOVT–3—Adverse Actions and Actions Based on Unacceptable Performance
OPM/GOVT–4—[Reserved] OPM/GOVT–5—Recruiting, Examining and Placement Records OPM/GOVT–6—Personnel Research and Test Validation Records
OPM/GOVT–7—Applicant—Race, Sex, National Origin and Disability Status Records
OPM/GOVT–8—[Reserved]
OPM/GOVT–9—Position Classification Appeals, Job Grading Appeals, and Retained Grade or Pay
OPM/GOVT–10—Employee Medical File System Records
DOL/GOVT–1
SYSTEM NAME:
Office of Workers’ Compensation Programs, Federal Employees’ Compensation Act File.
SECURITY CLASSIFICATION:
Most files and data are unclassified. Files and data in certain cases have Top Secret classification, but the rules concerning their maintenance and disclosure are determined by the agency, which has given the information the security classification of Top Secret.
SYSTEM LOCATION:
The central database for DOL/GOVT– 1 is located at SUNGUARD, 600 Laurel Oak Road, Voorhees, New Jersey, 08043. Paper claim files and local databases are located at the various OWCP district offices, and in Kansas City (for imaged cases only); claim files of employees of the Central Intelligence Agency are located at that agency. Records from this system of records may be temporarily located in the office of health care providers and other individuals or entities with whom the Department contracts for such services as examination or evaluation of claimants.
Copies of claim forms and other documents arising out of a job-related injury that resulted in the filing of a claim under the Federal Employees’ Compensation Act (FECA), may also be maintained by the employing agency (and where the forms were transmitted to the Office of Workers’ Compensation Programs (OWCP) electronically, the original forms are maintained by the employing agency). In addition, records relating to third-party claims of FECA beneficiaries are maintained in the Division of Employee Benefits, Office of the Solicitor, United States Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210–0002, in the offices of the Regional and Associate Regional Solicitors, and in various offices of the United States Postal Service, which undertakes various duties relating to third party claims pursuant to an agreement with OWCP.
Pursuant to the Department of Labor’s Flexiplace Programs, copies of records may be temporarily located at alternative worksites, including employees’ homes or at geographically convenient satellite offices for part of the workweek. All appropriate safeguards will be taken at these sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals and/or their survivors who file claims seeking benefits under the FECA by reason of injuries sustained while in the performance of duty. The FECA applies to all civilian federal employees, including various classes of persons who provide or have provided personal service to the government of the United States, and to other persons as defined by law such as state or local law enforcement officers, and their survivors, who were injured or killed while assisting in the enforcement of federal law. In addition, the FECA covers employees of the Civil Air Patrol, Peace Corps Volunteers, Job Corps students, Volunteers in Service to America, members of the National Teacher Corps, certain student employees, members of the Reserve Officers Training Corps, certain former prisoners of war, and employees of particular commissions and other agencies.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system may contain the following kinds of records: reports of injury by the employee and/or employing agency; claim forms filed by or on behalf of injured federal employees or their survivors seeking benefits under the FECA; forms authorizing medical care and treatment; other medical records and reports; bills and other payment records; compensation payment records; formal orders for or against the payment of benefits; transcripts of hearings conducted; and any other medical, employment, or personal information submitted or gathered in connection with the claim. The system may also contain information relating to dates of birth, marriage, divorce, and death; notes of telephone conversations conducted in connection with the claim; information relating to vocational and/ or medical rehabilitation plans and progress reports; records relating to court proceedings, insurance, banking and employment; articles from newspapers and other publications; information relating to other benefits (financial and otherwise) the claimant may be entitled to; and information received from various investigative agencies concerning possible violations of Federal civil or criminal law.
The system may also contain consumer credit reports on individuals indebted to the United States, information relating to the debtor’s assets, liabilities, income and expenses, personal financial statements, correspondence to and from the debtor, information relating to the location of the debtor, and other records and reports relating to the implementation of the Federal Claims Collection Act (as amended), including investigative reports or administrative review matters. Individual records listed here are included in a claim file only insofar as they may be pertinent or applicable to the employee or beneficiary.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8101 et seq., 20 CFR 1.1 et seq.
PURPOSE(S):
The FECA establishes the system for processing and adjudicating claims that federal employees and other covered individuals file with the Department of Labor’s OWCP, seeking monetary, medical and similar benefits for injuries or deaths sustained while in the performance of duty. The records maintained in this system are created as a result of and are necessary to this process. The records provide information and verification about the individual’s employment-related injury and the resulting disabilities and/or impairments, if any, on which decisions awarding or denying benefits provided under the FECA must be based.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those Department-wide routine uses set forth above in the General Prefatory Statement to this document, disclosure of information from this system of records may be made to the following individuals and entities for the purposes noted when the purpose of the disclosure is both relevant and necessary and is compatible with the purpose for which the information was collected:
a. To any attorney or otherrepresentative of a FECA beneficiary for the purpose of assisting in a claim or litigation against a third party or parties potentially liable to pay damages as a result of the FECA beneficiary’s FECA-covered injury and for the purpose of administering the provisions of sections 8131–8132 of the FECA. Any such third party, or a representative acting on that third party’s behalf, may be provided information or documents concerning the existence of a record and the amount and nature of compensation paid to or on behalf of the FECA beneficiary for the purpose of assisting in the resolution of the claim or litigation against that party or administering the provisions of sections 8131–8132 of the FECA.
b. To federal agencies that employedthe claimant at the time of the occurrence or recurrence of the injury or occupational illness in order to verify billing, to assist in administering the FECA, to answer questions about the status of the claim, to consider rehire, retention or other actions the agency may be required to take with regard to the claim or to permit the agency to evaluate its safety and health program. Disclosure to federal agencies, including the Department of Justice, may be made where OWCP determines that such disclosure is relevant and necessary for the purpose of providing assistance in regard to asserting a defense based upon the FECA’s exclusive remedy provision to an administrative claim or to litigation filed under the Federal Tort Claims Act.
c. To other federal agencies, othergovernment or private entities and to private-sector employers as part of rehabilitation and other return-to-work programs and services available through OWCP, where the entity is considering hiring the claimant or where otherwise necessary as part of that return-to-work effort.
d. To federal, state or privaterehabilitation agencies and individuals to whom the claimant has been referred for evaluation of rehabilitation and possible reemployment.
e. To physicians, pharmacies, andother health care providers for their use in treating the claimant, in conducting an examination or preparing an evaluation on behalf of OWCP and for
other purposes relating to the medical management of the claim, including evaluation of and payment for charges for medical and related services and supplies.
f. To medical insurance or health andwelfare plans (or their designees) that cover the claimant in instances where OWCP had paid for treatment of a medical condition that is not compensable under the FECA, or where a medical insurance plan or health and welfare plan has paid for treatment of a medical condition that may be compensable under the FECA, for the purpose of resolving the appropriate source of payment in such circumstances.
g. To labor unions and othervoluntary employee associations from whom the claimant has requested assistance for the purpose of providing such assistance to the claimant.
h. To a federal, state or local agencyfor the purpose of obtaining information relevant to a determination concerning initial or continuing eligibility for FECA benefits, and for a determination concerning whether benefits have been or are being properly paid, including whether dual benefits that are prohibited under any applicable federal or state statute are being paid; and for the purpose of utilizing salary offset and debt collection procedures, including those actions required by the Debt Collection Act of 1982, to collect debts arising as a result of overpayments of FECA compensation and debts otherwise related to the payment of FECA benefits.
i. To the Internal Revenue Service(IRS) for the purpose of obtaining taxpayer mailing addresses for the purposes of locating a taxpayer to collect, compromise, or write-off a federal claim against such taxpayer; and informing the IRS of the discharge of a debt owed by an individual. Records from this system of records may be disclosed to the IRS for the purpose of offsetting a federal claim from any income tax refund that may be due to the debtor.
j. To the Occupational Safety andHealth Administration (OSHA) for the purpose of using injury reports filed by Federal agencies pursuant to the FECA to fulfill agency injury reporting requirements. Information in this system of records may be disclosed to OSHA by employing agencies as part of any MIS system established under OSHA regulations to monitor health and safety.
k. To contractors providing services toDOL or any other federal agency or any other individual or entity specified in any of these routine uses or in the
Department’s General Prefatory Statement who require the data to perform the services that they have contracted to perform, provided that those services are consistent with the routine use for which the information was disclosed to the contracting entity. Should such a disclosure be made to the contractor, the individual or entity making such disclosure shall insure that the contractor complies fully with all Privacy Act provisions, including those prohibiting unlawful disclosure of such information.
l. To the Defense Manpower DataCenter—Department of Defense and the United States Postal Service to conduct computer matching programs for the purpose of identifying and locating individuals who are receiving Federal salaries or benefit payments and are delinquent in their repayment of debts owed to the United States under programs administered by the DOL in order to collect the debts under the provisions of the Debt Collection Act of 1982 (Pub. L. 97–365) by voluntary repayment, or by salary or administrative offset procedures.
m. To a credit bureau for the purposeof obtaining consumer credit reports identifying the assets, liabilities, expenses, and income of a debtor in order to ascertain the debtor’s ability to repay a debt incurred under the FECA, to collect the debt, or to establish a payment schedule.
n. To consumer reporting agencies asdefined by section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or in accordance with section 3(d)(4)(A)(ii) of the Federal Claims Collection Act of 1966 as amended (31
U.S.C. 3711(f)) for the purpose ofencouraging the repayment of an overdue debt, the amount, status and history of overdue debts, the name and address, taxpayer identification (SSN), and other information necessary to establish the identity of a debtor, the agency and program under which the claim arose, may be disclosed pursuant to 5 U.S.C. 552a(b)(12)
o. To a Member of Congress or to aCongressional staff member in response to an inquiry made by an individual seeking assistance who is the subject of the record being disclosed for the purpose of providing such assistance.
p. To individuals, and their attorneysand other representatives, and government agencies, seeking to enforce a legal obligation on behalf of such individual or agency, to pay alimony and/or child support for the purpose of enforcing such an obligation, pursuant to an order of a state or local court of competent jurisdiction, including Indian tribal courts, within any State,
territory or possession of the United States, or the District of Columbia or to an order of a State agency authorized to issue income withholding notices pursuant to State or local law or pursuant to the requirements of section 666(b) of title 42, United States Code, or for the purpose of denying the existence of funds subject to such legal obligation.
Note: Disclosure of information contained in this system of records to the subject of the record, a person who is duly authorized to act on his or her behalf, or to others to whom disclosure is authorized by these routine uses, may be made over the telephone or by electronic means. Disclosure over the telephone or by electronic means will only be done where the requestor provides appropriate identifying information. Telephonic or electronic disclosure of information is essential to permit efficient administration and adjudication of claims under the FECA. Pursuant to 5 U.S.C. 552a(b)(1), information from this system of records may be disclosed to members and staff of the Employees’ Compensation Appeals Board, the Office of Administrative Law Judges, the Office of the Solicitor and other components of the Department who have a need for the record in the performance of their duties.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
The amount, status and history of overdue debts, the name and address, taxpayer identification (SSAN), and other information necessary to establish the identity of a debtor, the agency and program under which the claim arose, may be disclosed pursuant to 5 U.S.C. 552a(b)(12) to consumer reporting agencies as defined by section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or in accordance with section 3(d)(4)(A)(ii) of the Federal Claims Collection Act of 1966 as amended (31
U.S.C. 3711(f)) for the purpose ofencouraging the repayment of an overdue debt.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper case files are maintained in manual files, while security case files are in locked cabinets. Automated data, including case files that have been transformed into electronic form, are stored in computer discs or magnetic tapes, which are stored in cabinets. Microfiche is stored in cabinets.
RETRIEVABILITY:
Files and automated data are retrieved after identification by coded file number and/or Social Security Number which is cross-referenced to employee by name, employing establishment, and date and nature of injury. Since the electronic case management files were created in 1975, these electronic files are located in District Offices which have jurisdiction over the claim, and (as noted above under ‘‘system location’’), a complete central data base is maintained at the location of the contractor. Prior to 1975, a paper index file was maintained; these records were transferred to microfiche and are located in the national office.
SAFEGUARDS:
Files and automated data are maintained under supervision of OWCP personnel during normal working hours—only authorized personnel, with the appropriate password, may handle, retrieve, or disclose any information contained therein. Only personnel having an appropriate security clearance may handle or process security files. After normal working hours, security files are kept in locked cabinets. Access to electronic records is controlled by password or other user identification code.
RETENTION AND DISPOSAL:
All case files and automated data pertaining to a claim are destroyed 15 years after the case file has become inactive. Case files that have been scanned to create electronic copies are destroyed after the copies are verified. Automated data is retained in its most current form only, however, and as information is updated, outdated information is deleted. Some related financial records are retained only in electronic form, and destroyed 6 years and 3 months after creation or receipt.
SYSTEM MANAGER(S) AND ADDRESS:
Director for Federal Employees’ Compensation, Office of Workers’ Compensation Programs, 200 Constitution Avenue, NW, Room S– 3229, Washington, DC 20210–0002.
NOTIFICATION PROCEDURE:
An individual wishing to inquire whether this system of records contains information about him/her may write or telephone the OWCP district office that services the state in which the individual resided or worked at the time he or she believes a claim was filed. In order for the record to be located, the individual must provide his or her full name, OWCP claim number (if known), date of injury (if known), and date of birth.
RECORD ACCESS PROCEDURES:
Any individual seeking access to nonexempt information about a case in which he/she is a party in interest may write or telephone the OWCP district office where the case is located, or the systems manager, and arrangements will be made to provide review of the file. Access to copies of documents maintained by the employing agency may be secured by contacting that agency’s designated disclosure officials.
CONTESTING RECORD PROCEDURES:
Specific materials in this system have been exempted from certain Privacy Act provisions regarding the amendment of records. The section of this notice entitled ‘‘Systems Exempted From Certain Provisions of the Act,’’ indicates the kind of materials exempted, and the reasons for exempting them. Any individual requesting amendment of non-exempt records should contact the appropriate OWCP district office, or the system manager. Individuals requesting amendment of records must comply with the Department’s Privacy Act regulations at 29 CFR 71.1 and 71.9, and with the regulations found at 20 CFR
10.12 (1999)
.
RECORD SOURCE CATEGORIES:
Injured employees; beneficiaries; employing Federal agencies; other Federal agencies; physicians; hospitals; clinics; suppliers of health care products and services and their agents and representatives; educational institutions; attorneys; Members of Congress; OWCP field investigations; State governments; consumer credit reports; agency investigative reports; correspondence with the debtor including personal financial statements; records relating to hearings on the debt; and other DOL systems of records.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigative 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 the 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.
DOL/GOVT–2
SYSTEM NAME:
Job Corps Student Records.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Screening contractors; Job Corps centers and operators (which includes contract and agency centers); Job Corps National Office; Job Corps Regional Offices; Federal Records Centers.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Job Corps applicants, students, and terminees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records contain information kept on the students, such as separate running accounts of the students’ general biographical data; educational training, vocational training; counseling; recreational activities; dormitory logs; health (dental, medical, mental health, and drug testing records); administrative records covering data pertaining to enrollment allowances and allotments; leave records; Student Profile (ETA– 640); and Center Standards Officer’s disciplinary records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Subtitle C of Title I of the Workforce Investment Act of 1998, 29 U.S.C. 2881 et seq.
PURPOSE(S):
These records are maintained to ensure that all appropriate documents of the student’s stay in Job Corps (covering application to placement and/or termination) are retained and are available to those officials who have a legitimate need for the information in performing their duties and to serve the interests and needs of the students in accordance with 29 U.S.C. 2881 et seq.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF THE SUCH USES:
These records and information in these records may be used when relevant, necessary, and appropriate:
(1) To disclose photographs andstudent identities, with appropriate consent, to the news media, for the purpose of promoting the merits of the program.
(2) To disclose information, giving thesummary of a student’s academic and vocational achievement and general biographical information, to placement and welfare agencies, prospective employers, school or training institutions to assist in the employment of a student.
(3) To disclose information to Stateand Federal law enforcement agencies or other government investigators to assist them in locating a student and/or his or her family.
(4) To disclose information toappropriate Federal, State, and local agencies which have law enforcement jurisdiction over students (which includes probation or parole officers); and/or the property on which the center is located.
(5) To disclose all or any informationto parents/guardians regarding students under the age of 18 for performance of parental rights and responsibilities.
(6) To disclose information to JobCorps health consultants; Job Corps Center Review Board members (in appropriate disciplinary cases); State, county, and local health services personnel; family planning agencies; and physicians (public or private) to whom a student is referred for diagnosis or to receive treatment to assure continuance of proper health care, or notification and contact tracking for communicable disease control.
(7) To disclose to State and localhealth departments all cases of infection or disease that are required to be reported to them in accordance with state and local laws. This disclosure shall be made by the Center Director.
Note: Center physicians shall deal with all cases of communicable diseases in accordance with Job Corps directives based on current recommendations of the Center for Disease Control of the Department of Health and Human Services.
(8) To disclose information to Stateand local health departments regarding infected persons who are unwilling to notify their contacts at the center for the purpose of enabling the counseling of contacts.
(9) To disclose information to medicallaboratories necessary in identifying specimens for the purpose of testing.
(10) To disclose information to socialservice agencies in cases of a student’s termination in order to provide services such as Medicaid, housing, finance, and placement.
(11) To disclose information to theArmy Finance Center, Fort Benjamin Harrison, Indiana, to pay student allowances and maintain and dispose of their pay records.
(12) To disclose information toFederal, State, and local agencies and to community-based organizations for the operation of experimental, research, demonstration, and pilot projects authorized under sections 156, 171, or 172 of the Workforce Investment Act of 1998, 29 U.S.C. 2856, 2916, or 2917, except that in the case of a research project, the researcher shall guarantee to
| File Type | text/rtf |
| File Title | Document |
| Subject | Extracted Pages |
| Author | U.S. Government Printing Office |
| Last Modified By | US Department of Labor |
| File Modified | 2010-01-11 |
| File Created | 2010-01-11 |