[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Proposed Rules]
[Pages 40418-40419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19475]
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DEPARTMENT OF LABOR
Office of Workers' Compensation Programs
20 CFR Part 10
RIN 1215-AB18
Use and Disclosure of Federal Employees' Compensation Act Claims
File Material
AGENCY: Employment Standards Administration, Office of Workers'
Compensation Programs, Labor.
ACTION: Notice of proposed rulemaking and request for comments.
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SUMMARY: The Department of Labor's Office of Worker' Compensation
Programs (OWCP), is proposing to revise the regulations regulating the
release, use, and disclosure of documents relating to claims filed
under the Federal Employees' Compensation Act (FECA). More
specifically, the Department is also revising its regulation to reserve
to the OWCP the exclusive authority for ruling on requests submitted by
the subject of the FECA file for the correction or amendment of any
record contained in such file.
DATES: Written comments must be submitted on or before September 26,
1997.
ADDRESSES: Send written comments to Thomas M. Markey, Director for
Federal Employees' Compensation, Employment Standard Administration,
U.S. Department of Labor, Room S-3229, 200 Constitution Avenue, NW.,
Washington, DC 20210-0002. Telephone: (202) 219-7552.
FOR FURTHER INFORMATION CONTACT: Thomas M. Markey at the address and
telephone number listed above.
SUPPLEMENTARY INFORMATION: All claim forms, medical and other reports,
witness statements, and any other documents relating to claims filed by
injured workers or their survivors under the Federal Employees'
Compensation Act (FECA), 5 U.S.C. 8101 et seq., including copies of any
such documents retained by the employing agencies, are official records
of the OWCP. Further, all FECA-related documents, whether they are
contained in claim files maintained by OWCP, or are copies
[[Page 40419]]
maintained by the injured worker's employing agency, are covered by the
Privacy Act of 1974 and the government-wide Privacy Act system of
records entitled DOL/GOVT-1 (Office of Workers' Compensation Programs,
Federal Employees' Compensation Act File). DOL/GOVT-1 was last
published in the Federal Register at 58 FR 49556 (September 23, 1993).
That system is maintained by, and is under the full control of OWCP,
even though custody of copies of such records may be at the employing
agency.
The Department is proposing to revise Sec. 10.12 part 10 to clarify
the provisions relating to the processing and handling of requests for
copies of documents covered by DOL/GOVT-1. Although employing agencies
continue to be authorized to respond to requests for copies of FECA-
related documents in their custody, the proposed regulations would
reserve to OWCP the exclusive authority for ruling on requests for the
correction of, or amendment to document covered by DOL/GOVT-1. Further,
all appeals from the denial of access to records, as well as denials of
requests for the correction or amendment of documents, shall be filed
with the Solicitor of Labor.
Procedural Matters
The proposed rule does not constitute a significant regulatory
action within the meaning of Executive Order 12866 of September 30,
1993 (58 FR 51735). Further, this proposed rule will have no
significant impact or other substantial effect on small entities.
Accordingly, the requirements of the Regulatory Flexibility Act (5
U.S.C. 605(b)) do not apply. The Assistant Secretary has so certified
to the Chief Counsel for Advocacy for the Small Business
Administration.
Paperwork Reduction Act
The proposed rule is not subject to the Paperwork Reduction Act
since it does not contain a collection of information requirement.
List of Subjects in 20 CFR Part 10
Claims, Government employees, Labor, Workers' Compensation.
For the reasons set forth in the preamble, it is proposed that part
10 of Chapter 1 of title 20 of the Code of Federal Regulations be
amended as follows:
PART 10--CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES'
COMPENSATION ACT, AS AMENDED
1. The authority citation for part 10 is revised to read as
follows:
Authority: 5 U.S.C. 301; Reorganization Plan No. 6 of 1950, 15
FR 3174,64 Stat. 1263; 5 U.S.C. 8149; Secretary's Order 5-96, 62 FR
107.
2. Section 10.12 is revised to read as follows:
Sec. 10.12 Protection, release, inspection and copying of records.
(a) All records relating to claims for benefits filed under the
Act, including any copies of such records maintained by an employing
agency, are covered by the government-wide Privacy Act system of
records entitled DOL/GOVT-1 (Office of Workers' Compensation Programs,
Federal Employees' Compensation Act File). This system of records is
maintained by and under the control of the Office, and, as such, all
records covered by DOL/GOVT-1 are official records of the Office. The
protection, release, inspection and copying of records covered by DOL/
GOVT-1 shall be accomplished in accordance with the rules, guidelines
and provisions of this part, as well as those contained in 29 CFR parts
70 and 71, and with the notice of the system of records and routine
uses published in the Federal Register. All questions relating to
access/disclosure, and/or amendment of FECA records maintained by the
Office or the employing agency, are to be resolved in accordance with
this section.
(b)(1) While an employing agency may establish procedures that an
injured employee or beneficiary should follow in requesting access to
documents it maintains, any decision issued in response to such a
request must comply with the rules and regulations of the Department of
Labor which govern all other aspects of safeguarding these records.
(2) No employing agency has the authority to issue determinations
with respect to requests for the correction or amendment of records
contain in or covered by DOL/GOVT-1. That authority is within the
exclusive control of the Office. Thus, any request for correction or
amendment received by an employing agency must be referred to the
Office of review and decision.
(3) Any administrative appeal taken from a denial issued by the
employing agency or the Office shall be filed with the Solicitor of
Labor in accordance with 29 CFR 71.7 and 71.9.
Signed at Washington, DC, this 17th day of July, 1997.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
Shelby Hallmark,
Acting Director, Office of Workers' Compensation Programs.
[FR Doc. 97-19475 Filed 7-25-97; 8:45 am]
BILLING CODE 4510-27-M
