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DOL/GOVT-1

Privacy Act Systems - DOL/GOVT-1

SYSTEM NAME:

Office of Workers’
Compensation Programs, Federal Employees’ Compensation Act File.

SECURITY CLASSIFICATIONS:

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 that has given the information the security classification of Top Secret.

SYSTEM LOCATION:

The central database for
DOL/GOVT-1 is located at the DOL National office and the offices of OWCP’s
contractor. Paper claim files are located at the various OWCP district offices;
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
offices of health care providers and other individuals or entities with whom the
Department contracts for services such 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 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 Federal Employees’ and Energy Workers’ Compensation, Office of the
Solicitor, United States Department of Labor, 200 Constitution Avenue, N.W.,
Washington, D.C. 20210, 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 FECA by reason of injuries
sustained while in the performance of duty. 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, 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 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.

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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:

To any attorney or other representative 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 §§ 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 §§ 8131-8132 of the FECA.

To federal agencies that employed the 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.

To other federal agencies, other government 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.

To federal, state or private rehabilitation
agencies and individuals to whom the claimant has been referred for evaluation
of rehabilitation and possible reemployment.

To physicians, pharmacies, and other 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.

To medical insurance or health and welfare
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.

To labor unions and other voluntary employee
associations from whom the claimant has requested assistance for the purpose
of providing such assistance to the claimant.

To a federal, state or local agency for 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.

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.

To OSHA for the purpose of using injury reports
filed by Federal agencies pursuant to 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 Management Information System established
under OSHA regulations to monitor health and safety.

To contractors providing services to the
Department 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.

To the Defense Manpower Data Center --
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 Department in order to collect the debts under the provisions of the Debt
Collection Act of 1982 (Public Law 97-365) by voluntary repayment, or by
salary or administrative offset procedures.

To a credit bureau for the purpose of 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 FECA, to collect the debt, or to establish a payment
schedule.

To consumer reporting agencies as defined by §
603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or in accordance
with § 3(d)(4)(A)(ii) of the Federal Claims Collection Act of 1966 as amended
(31 U.S.C. 3711(f)) for the purpose of encouraging 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).

To a Member of Congress or to a Congressional
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.

To individuals, and their attorneys and 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 § 666(b) of title 42, U.S.C., or for the purpose of denying
the existence of funds subject to such legal obligation.

To the National Institute for Occupational
Safety and Health (NIOSH), for the purpose of performing statistical analyses
of injury and illness patterns to identify patterns and locations of high
incidence, help devise safety and return-to-work interventions, and guide
worker safety and health research. The statistical analyses performed by NIOSH
will assist OWCP and OSHA in their efforts to reduce the occurrence of
employment injuries, assist employees in achieving a smooth transition and
return to work following employment injuries, and improve Federal employee
safety and health.
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 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 that 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 (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) to consumer reporting agencies as defined by § 603(f) of the Fair
Credit Reporting Act (15 U.S.C. 1681a(f)) or in accordance with § 3(d)(4)(A)(ii)
of the Federal Claims Collection Act of 1966 as amended (31 U.S.C. 3711(f)) for
the purpose of encouraging the repayment of an overdue debt.

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

STORAGE:

Files are stored
electronically and/or on paper.

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 that
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:

Access by authorized personnel
only. Computer security safeguards are used for electronically stored data and
locked locations for paper files. Only personnel having an appropriate security
clearance may handle or process security files.

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. Electronic data is retained in its most
current form only, and as information is updated, outdated information is
deleted. Some related financial records are retained only in electronic form,
and destroyed six years and three months after creation or receipt.

SYSTEM MANAGER(S) AND ADDRESS:

Director for Federal
Employees’ Compensation, Office of Workers’ Compensation Programs, 200
Constitution Avenue, N.W., Room S-3229, Washington, D.C. 20210.

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 non-exempt 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
Department 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.

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