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OSHA 2400.7

Appeal procedures for personal records

14 Questions & Answers

Questions & Answers

Under 2400.7(a), where do I mail an appeal if my request to access, amend, or be notified of a personal record was denied?

Under 2400.7(a)(1), mail the written appeal to the Privacy Appeal address at the OSHRC Chairman's office. Send the appeal letter to: Privacy Appeal, OSHRC, One Lafayette Centre, 1120 20th Street NW, Ninth Floor, Washington, DC 20036–3457 (2400.7(a)(1)).

Under 2400.7(a)(2), what deadlines apply for filing an appeal after a denial or after no determination is made?

Under 2400.7(a)(2), you must file the appeal within 30 calendar days of the date of a denial, or within 90 calendar days of your original request if the Privacy Officer failed to make any determination. See the timing rules in 2400.7(a)(2).

Under 2400.7(a)(2)(i), how should I identify the record or system in my appeal?

Under 2400.7(a)(2)(i), you should provide a reasonable identification of the system, the specific personal record you want to access or the exact amendment you requested. Give enough detail so the agency can find the record—examples include file names, dates, subject lines, case or reference numbers, and names of offices or staff involved (2400.7(a)(2)(i)).

Under 2400.7(a)(2)(ii), what information must my appeal include about the action being appealed and the relief I want?

Under 2400.7(a)(2)(ii), your appeal must include a clear statement of the OSHRC action or failure to act that you are appealing and the specific relief you are seeking. For example, state whether you want access to the record, correction of inaccurate information, or full notification and describe the change or access you expect (2400.7(a)(2)(ii)).

Under 2400.7(a)(2)(iii), what documents should I attach to my appeal?

Under 2400.7(a)(2)(iii), include a copy of your original request, the agency's denial notice (if any), and any other related correspondence. Attaching these documents helps the Chairman quickly review what was asked and how the agency responded (2400.7(a)(2)(iii)).

Under 2400.7(a)(1), can I appeal a partial denial of my request?

Under 2400.7(a)(1), yes — you may appeal if your request was denied in whole or in part. The regulation allows appeals for full or partial denials and instructs you to mail a written appeal to the Chairman's office at the Privacy Appeal address (2400.7(a)(1)).

Under 2400.7(b), how long does the Chairman have to make a final decision on my appeal and what if more time is needed?

Under 2400.7(b), the Chairman must make a final decision within 30 working days from the date of the request, but may extend that period for good cause. If an extension is needed, you must be notified within the initial 30 working-day period and any extension cannot make the overall period exceed 90 calendar days from the date of the request (2400.7(b)).

Under 2400.7(b), what happens if the Chairman finds my personal record is incomplete, inaccurate, irrelevant, or untimely?

Under 2400.7(b), if the Chairman finds a personal record is incomplete, inaccurate, irrelevant, or untimely on appeal, the record must be appropriately amended within 30 working days of the finding. This ensures timely correction of the agency's records (2400.7(b)).

Under 2400.7(c), what must the Chairman's written decision include if my appeal is denied?

Under 2400.7(c), the Chairman's written decision must explain the reasons for the denial and state your right to obtain judicial review in a United States district court. The decision is the final agency determination on your right to notification, access, or amendment of a personal record (2400.7(c)).

Under 2400.7(c), is the Chairman's decision the agency's final decision on my appeal?

Under 2400.7(c), yes — the Chairman's written decision constitutes the final decision of OSHRC on your right to be notified of, access, or amend a personal record. That decision also explains how to seek judicial review if denied (2400.7(c)).

Under 2400.7(c), does the agency keep records of past decisions on appeals?

Under 2400.7(c), yes — an indexed file of the agency's decisions on appeal is maintained by the Privacy Officer. You can request information about past decisions from the Privacy Officer as part of the agency's records management (2400.7(c)).

Under 2400.7, what practical steps should I take to make sure my appeal is considered timely and complete?

Under 2400.7(a) and (a)(2), file a written appeal quickly and include the required identification, statement of the action and relief sought, and copies of related documents. Practical steps:

  • Calculate deadlines from the date of denial (30 calendar days) or from your original request if no determination was made (90 calendar days).
  • Send the appeal to the Chairman at the Privacy Appeal address and keep proof of mailing.
  • Attach the original request, denial notice, and supporting correspondence to meet 2400.7(a)(2).

Under 2400.7(b), what is the difference between 'working days' and 'calendar days' in timing the Chairman's decision and appeal deadlines?

Under 2400.7, the Chairman's decision timeframe is stated as 30 working days from the date of the request, but appeal filing deadlines are given in calendar days: 30 calendar days from denial or 90 calendar days from the request if no determination was made. Specifically, see the filing timeframes in 2400.7(a)(2) and the decision timeframe in 2400.7(b).

Under 2400.7(b), how will I be notified if the Chairman needs more than 30 working days to decide my appeal?

Under 2400.7(b), if the Chairman extends the decision period for good cause, you must be notified of that extension within the initial 30 working-day period, and the extension cannot push the decision beyond 90 calendar days from the date of the request (2400.7(b)).