[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Notices]
[Pages 38062-38065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18159]
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POSTAL SERVICE
Privacy Act of 1974; System of Records
AGENCY: Postal Service.
ACTION: Advance notice of amendment and proposed addition of four new
routine uses for an existing system of records; creation of a new
system of records.
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SUMMARY: The Postal Service proposes to amend USPS Privacy Act System
of Records 120.210, Personnel Records--Vehicle Maintenance Personnel
and Operators Records, and to add USPS Privacy Act System of Records
120.091, Personnel Records--Vehicle Operators Controlled Substance and
Alcohol Testing Records, to comply with the requirements of the Omnibus
Transportation Employee Testing Act of 1991 (Pub. L. 102-143). This law
requires the Postal Service to implement procedures for random,
reasonable suspicion, post-accident, return-to-duty, and follow-up drug
and alcohol testing of employees required to have commercial driver's
licenses, and to create, maintain, and disclose certain subject records
in conjunction with the implementation of such testing procedures. The
Postal Service is implementing these procedures through a combination
of activities: in the field, where testing notifications and certain
follow-up activities will occur; through a contractor, who will
maintain the database for employee random testing selection; and
through postal medical facilities, where most of the actual testing
will be done and where records of test results and associated follow-up
actions will be maintained.
This notice complies with subsection (e)(11) of the Privacy Act,
which requires agencies to publish advance notice for public comment of
any use of information in a new system of records or any new use of
information in an existing system. Any interested party may submit
written comments on the proposed new uses.
DATES: This proposal will become effective without further notice
August 24, 1995, unless comments are received that result in a contrary
determination.
ADDRESSES: Written comments should be mailed or delivered to the
Records Office, U.S. Postal Service, Room 8831, 475 L'Enfant Plaza SW.,
Washington, DC 20260-5240. Copies of all written comments will be
available for inspection and photocopying between 8:15 a.m. and 4:45
p.m., Monday through Friday, at the above address.
FOR FURTHER INFORMATION CONTACT: Sheila Allen, Records Office, (202)
268-4869.
SUPPLEMENTARY INFORMATION: The Omnibus Transportation Employee Testing
Act of 1991 requires alcohol and drug testing of safety-sensitive
employees in the motor vehicle industry. The U.S. Department of
Transportation (DOT) published rules mandating drug and alcohol misuse
prevention programs for employers of 50 or more safety-sensitive
employees, including random, reasonable suspicion, and post-accident
testing. To comply with these rules, which required implementation
beginning in January 1995, the Postal Service has developed a
comprehensive drug and alcohol testing program that will be
administered by the Vice President of Operations Support and the
National Medical Director at Postal Service Headquarters.
For purposes of the DOT regulations, a safety-sensitive employee is
defined as one who holds a state commercial driver's license (CDL) and
who drives vehicles in excess of 26,000 pounds gross vehicle weight
rating (GVWR). The DOT rules cover approximately 10,000 Postal Service
employees who are required to operate commercial motor vehicles during
the performance of their jobs. This number includes motor vehicle
operators, tractor-trailer operators, vehicle mechanics, certain plant
maintenance mechanics, and some city mail carriers.
Prior to the DOT mandate, the Postal Service already had in place
Privacy Act System of Records USPS 120.210, Personnel Records--Vehicle
Maintenance Personnel and Operators Records. This system covers the
records of postal employees who operate USPS-owned or USPS-leased
vehicles and contains various records associated with that function,
including driver's physical condition; licensing information; driver
training, testing, and performance; and route and vehicle assignments.
The records in this system are maintained in the field where postal
vehicles are operated. These records are used by postal management to
schedule and monitor the utilization of those vehicles and the
performance of the drivers.
Because most of the individuals covered by this system are the same
as those to be covered by the new DOT
[[Page 38063]]
regulations, the Postal Service determined that it was appropriate to
revise USPS 120.210 to incorporate the rules mandated by DOT. As a
result, necessary changes are made to the sections covering the System
Locations, Categories of Individuals Covered by the System, Categories
of Records in the System, Authority for Maintenance of the System, and
Purpose(s). New Routine Uses 2 through 5 are added; and the Policies
and Practices for Storing, Retrieving, Accessing, Retaining, and
Disposing of Records in the System are expanded to reflect the
specified testing and the associated recordkeeping and reporting
required by DOT, as well as the participation of the contractor in the
random employee testing selection process. The title of System Manager
is changed to Vice President of Operations Support, who issues policy
and procedures to those field supervisors who are responsible for
vehicle operator and maintenance assignments, as well as for the
implementation of certain parts of the new drug and alcohol testing
procedures.
Following, in Part I, is the complete text of USPS 120.210.
A new system of records, USPS 120.091, is also added to cover the
collection and maintenance of controlled substance and alcohol testing
records, test results, and related records under the program. These
records will be kept at postal medical facilities and in the offices of
certain contract medical officers. Part II contains the notice for the
new system.
Part I
USPS 120.210
Personnel Records--Vehicle Maintenance Personnel and Operators
Records, 120.210.
[CHANGE TO READ] ``Postal Service vehicle maintenance facilities;
processing and distribution centers; bulk mail centers; post offices;
area offices; district offices; Headquarters; and program contractor's
office.''
[CHANGE TO READ] ``Current and former postal employees who operate
or maintain postal vehicles, including those employees required to have
commercial driver's licenses (CDLs) and who drive vehicles in excess of
26,000 pounds gross vehicle weight rating (GVWR).''
[CHANGE TO READ] ``Records relating to individual employee
operation of USPS-owned or USPS-leased vehicles, including employee
name; social security number; age; length of service; physical
condition; qualifications to drive; results of driving tests; vehicle
and safety training; licensing information (including revocations and
suspensions); driving habits; route and vehicle assignments; vehicle
accidents; driving citations and safety awards; notifications of
substance and alcohol tests, with related checklists and
correspondence; employee workload; work schedule; performance analysis;
and work habits.''
[CHANGE TO READ] ``39 U.S.C. 401; Pub. L. 102-143; and 49 CFR 40
and 382, 391, 392, 395.''
[CHANGE TO READ]
``a. To provide local post office managers, supervisors, and
transportation managers with information to assign routes and vehicles
and to adjust workload, schedules, and type of equipment operated.
b. To serve as a basis for corrective action and presentation of
safe driving awards.
c. To comply with the testing and documentation requirements of the
Omnibus Transportation Employee Testing Act of 1991 (Pub. L. 102-143)
implementing a controlled substance and alcohol testing program for
employees required to have commercial driver's licenses (CDLs).''
General routine use statements a, b, c, d, e, f, g, h, j, k, l, and
m listed in the prefatory statement at the beginning of the Postal
Service's published system notices apply to this system.
[CHANGE TO READ] ``Other routine uses are as follows:
1. Information in these records provides GSA and Postal Service
driver credentials.''
[ADD]
``2. Information in these records may be provided to the contractor
responsible for maintaining the database of employees to be selected
randomly for controlled substance and alcohol testing.
3. Information in these records may be provided to the Federal
Highway Administration (FHWA), when requested by the Secretary of
Transportation; to any U.S. Department of Transportation agency; or to
any state or local official with regulatory authority over the Postal
Service or its employees (as authorized by DOT agency regulations).
4. Information in these records may be provided to the National
Transportation Safety Board in conjunction with an accident
investigation.
5. Information in these records may be provided to the employee or
to the decisionmaker in a lawsuit, grievance, or other proceeding
initiated by or on behalf of the employee and arising from the results
of a controlled substance and/or alcohol test administered under the
regulations issued by DOT, or from a determination that the employee
engaged in conduct prohibited by Pub. L. 102-143.''
[CHANGE TO READ] ``Preprinted forms and paper files (including
hard-copy computer printouts) and computer files.''
[CHANGE TO READ] ``Employee name; social security number; facility
name; vehicle number; route number; and work order number.''
[CHANGE TO READ] ``Kept in locked file cabinets in secured Postal
Service and contractor facilities. Access to computer data is
restricted to authorized contractor personnel.''
[CHANGE TO READ]
``a. Destroy the records related to the employee's random selection
for controlled substance and alcohol testing when the records are 1
year old.
b. Destroy the checklists, correspondence, and any other
documentation related to the employee's testing for controlled
substances and alcohol when the records are 5 years old.
c. Destroy records maintained in the database of employees subject
to Pub. L. 102-143 when the employee separates from the Postal Service
or is no longer authorized to operate a Postal Service vehicle.
d. Destroy the remaining records related to the employee's
operation or maintenance of Postal Service vehicles 4 years from the
date of separation, transfer (unless requested by new installation or
agency), expiration of license, rescission of authorization, or
[[Page 38064]]
transfer of the employee into a nondriving status.''
[CHANGE TO READ] ``VICE PRESIDENT, OPERATIONS SUPPORT, UNITED STATES
POSTAL SERVICE, 475 L'ENFANT PLAZA SW, WASHINGTON DC 20260-2402''.
[CHANGE TO READ] ``An employee wanting to know whether information
about him or her is maintained in this system of records must address
inquiries to the head of the facility where the employee is employed.
Inquiries must contain the employee's full name, social security
number, route number, work station, and facility where employed.''
Requests for access must be made in accordance with the
notification procedures above and the Postal Service Privacy Act
regulations regarding access to records and verification of identity
under 39 CFR 266.6.
See Notification Procedures and Record Access Procedures above.
[CHANGE TO READ] ``Postal Service employees, supervisors, and
medical staff; state motor vehicle departments; and designated
contractor(s).''
Records or information in this system that have been compiled in
reasonable anticipation of a civil action or proceeding are exempt from
individual access under 5 U.S.C. 552a(d)(5). In addition, the Postal
Service has claimed exemption from certain provisions of the Act for
several of its other systems of records as permitted by 5 U.S.C.
552a(j) and (k). See 39 CFR 266.9. To the extent that copies of
exempted records are incorporated into this system, the exemptions
applicable to the original primary system must continue to apply to the
incorporated records.
Part II
[ADD]
USPS 120.091
Personnel Records--Vehicle Operators Controlled Substance and
Alcohol Testing Records, 120.091.
Postal Service medical facilities, designee medical offices, and
program contractor's office.
Current and former postal employees who are or were required to
have a commercial driver's license (CDL) and subject to the controlled
substance and alcohol testing requirements of the Omnibus
Transportation Employee Testing Act of 1991 (Pub. L. 102-143) as
mandated by the U.S. Department of Transportation (DOT).
Employee or applicant name; social security number; work address
and telephone number; controlled substance and alcohol testing records
and results, including date, time, and reason for each test; test
results from former employers; medical personnel assessments of
employees' test results, recommendations for action, and related
documentation; employee or applicant statements concerning controlled
substance and alcohol test results; and documentation of substance
abuse professionals' (SAPs) determinations of employees' need for
assistance and employees' compliance with SAPs' recommendations.
39 U.S.C. 401; Pub. L. 102-143; and 49 CFR 40 and 382, 391, 392,
395.
a. To comply with the requirements of the Omnibus Transportation
Employee Testing Act of 1991 (Pub. L. 102-143) to implement a
controlled substance and alcohol testing program for employees in
safety-sensitive positions.
b. To provide for the uniform collection and compilation of
controlled substance and alcohol test results for reporting, analysis,
evaluation, and corrective action.
General routine use statements a, b, c, d, e, f, j, k, l, and m
listed in the prefatory statement at the beginning of the Postal
Service's published system notices apply to this system.
Other routine uses are as follows:
1. Information in these records may be provided to the Federal
Highway Administration (FHWA), when requested by the Secretary of
Transportation; to any U.S. Department of Transportation agency; or to
any state or local official with regulatory authority over the Postal
Service or its employees (as authorized by DOT agency regulations).
2. Information in these records may be provided to the National
Transportation Safety Board in conjunction with an accident
investigation.
3. Information in these records may be provided to a subsequent
employer upon receipt of a written request from the employee, or as
directed by the specific written consent of the employee to an
identified individual.
4. Information in these records may be provided to the employee or
to the decisionmaker in a lawsuit, grievance, or other proceeding
initiated by or on behalf of the employee and arising from the results
of a controlled substance and/or alcohol test administered under the
regulations issued by DOT, or from a determination that the employee
engaged in conduct prohibited by Pub. L. 102-143.
Preprinted forms and paper files (including hard-copy computer
printouts) and computer files.
Employee or applicant name; social security number; and chain of
custody form numbers.
Kept in locked file cabinets in secured Postal Service medical
units and those of its designees.
a. Destroy the records related to alcohol test results indicating a
breath alcohol concentration of 0.02 or greater, verified positive
controlled substance test results, refusals, medical review officer's
evaluations, employee statements, and substance abuse professionals'
evaluations and referrals when the records are 5 years old.
b. Destroy the records related to alcohol test results indicating a
breath alcohol concentration of less than 0.02 and negative and
canceled controlled substance test results when the records are 1 year
old.
VICE PRESIDENT, HUMAN RESOURCES, UNITED STATES POSTAL SERVICE, 475
L'ENFANT PLAZA SW, WASHINGTON DC 20260-4200.
An employee wanting to know whether information about him or her is
maintained in this system of records
[[Page 38065]]
must address inquiries to the head of the facility where the employee
is employed. Inquiries must contain the employee's or applicant's full
name, social security number, and facility where employed (or tested).
Requests for access must be made in accordance with the
notification procedures above and the Postal Service Privacy Act
regulations regarding access to records and verification of identity
under 39 CFR 266.6.
See Notification Procedures and Record Access Procedures above.
Postal Service employees, Postal Service medical staff, Postal
Service designee testing facilities, substance abuse professionals, and
designated contractors.''
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 95-18159 Filed 7-24-95; 8:45 am]
BILLING CODE 7710-12-P
