Amendment and disagreement procedures

Under 2400.8(a), you may submit a written statement of disagreement that is of reasonable length and explains your position regarding the disputed information.

• OSHRC is required to accept that statement and include it in the relevant personal record.
• If OSHRC decides not to make the amendment you requested, it may also add a brief explanation of why it refused the amendment and include that explanation in the record as appropriate.

(See 2400.8(a).)

Yes — under 2400.8(a) OSHRC must accept your statement of disagreement and include it in the relevant personal record.

• Your statement should be of reasonable length and set forth your position about the disputed information.
• OSHRC may also add a concise statement explaining why it did not make the requested amendment if it thinks that is appropriate.

(See 2400.8(a).)

Under 2400.8(a), your statement of disagreement should be of reasonable length and must set forth your position regarding the disputed information.

• "Reasonable length" is not numerically defined in the regulation; aim to be concise and focus on the facts and the correction you are seeking.
• Keep the statement clear and to the point so it can be readily included in the personal record.

(See 2400.8(a).)

Yes — under 2400.8(a), OSHRC may include a concise statement in the record explaining its reasons for not making a requested amendment if it deems that appropriate.

• This concise statement is optional and intended to document OSHRC’s justification for the denial.
• Both your statement of disagreement and any concise OSHRC explanation will be included in the personal record.

(See 2400.8(a).)

Under 2400.8(b)(1), OSHRC must inform any person or other agency about an amendment or notation if three conditions are met: the record was previously disclosed to that person or agency, the amendment or notation was made under this part, and an accounting of the prior disclosure was made under 5 U.S.C. 552a(c).

• In short, notification is required when the same recipients received the original record disclosure and an official accounting of that disclosure exists.
• If those conditions are not met, the regulation does not require OSHRC to notify past recipients.

(See 2400.8(b)(1).)

Under 2400.8(b)(2), when OSHRC discloses a personal record after a notation under paragraph (a) has been added, it must clearly note any portion of the record that is disputed and provide a copy of any notation included in the record.

• This means recipients must be told which parts are contested and must receive the actual notation that was placed in the record.
• The goal is to ensure that anyone receiving the record later knows there is a disagreement about specific information.

(See 2400.8(b)(2).)

No — under 2400.8(b)(1), OSHRC is required to inform persons or agencies about an amendment or notation only if the record was disclosed to them and an accounting of that disclosure was made under 5 U.S.C. 552a(c).

• If there was no accounting made at the time of the earlier disclosure, the notification requirement in this subsection does not apply.
• However, if the record is disclosed again later after the notation is added, 2400.8(b)(2) requires OSHRC to note disputed portions and provide the notation with that later disclosure.

(See 2400.8(b)(1) and 2400.8(b)(2).)

Yes, under 2400.8(b)(2), when a personal record is disclosed after a notation under paragraph (a) has been made, OSHRC must clearly note any disputed portions and provide a copy of any notation included in the record.

• Practically, this means that for disclosures made after your notation is added, recipients should receive the notation or be told which parts are disputed.
• The regulation ensures that later recipients are aware of disagreements about the record’s content.

(See 2400.8(b)(2).)

Under 2400.8(a), your statement of disagreement should clearly explain which parts of the record you dispute and state your reasons or the facts supporting your position.

• Include specific references to the entries you dispute (dates, descriptions, or sentence excerpts) so the dispute can be attached to the correct portion of the record.
• Keep the statement concise and focused so it qualifies as a reasonably sized statement that OSHRC can include in the record.

(See 2400.8(a).)

Yes — under 2400.8(a), OSHRC may include a concise statement of its reasons for not making the requested amendment, and that explanation can be included in the same personal record along with your statement of disagreement.

• Both your statement and any concise OSHRC explanation are intended to provide a full record of the dispute and the agency’s response.
• This helps future recipients understand both positions when the record is disclosed.

(See 2400.8(a).)

No — 2400.8(b)(1) requires OSHRC to inform prior recipients when certain conditions are met, but the regulation does not specify the precise method (mail, email, etc.) for providing that notice.

• The rule sets the obligation to notify when a disclosure accounting exists, but it does not prescribe the notification medium.
• For practical questions about format or delivery, you should contact OSHRC directly for their procedures.

(See 2400.8(b)(1).)

No — 2400.8(a) requires OSHRC to accept and include a statement of disagreement in the relevant personal record, but the regulation does not specify a time limit for when that inclusion must occur.

• Because the rule does not set a deadline, it is reasonable to follow up with OSHRC if you do not see the statement included within a practical period.
• For an expected timeline or status, contact OSHRC for their internal processing procedures.

(See 2400.8(a).)