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OSHA 70a.6

Disclosure to individuals

15 Questions & Answers

Questions & Answers

Under 70a.6 (Disclosure of Requested Information to Individuals), where are the current rules for disclosing requested records found?

The current rules are located in 71.6, because 70a.6 was redesignated and revised as part of that section. Review Part 71 and 71.6 for the up-to-date requirements and procedures.

Under 70a.6, does the phrase 'REDESIGNATED AND REVISED AS PART 71.6' mean the old 70a.6 rules still apply unchanged?

No — redesignation and revision means the rule was moved and modified, so you must follow the updated text in 71.6. Check Part 71 for the current obligations and any changes from the old 70a.6 language.

Under 70a.6, if an individual requests access to records that used to be covered by 70a.6, which section should I use to respond?

Respond using the procedures and requirements in 71.6, because 70a.6 was redesignated and revised into that section. Always consult Part 71 for the current process for handling individual requests.

Under 70a.6, how should agencies handle references in policies, forms, or training that still point to 70a.6?

Update those references to point to the current provision, 71.6, and review the revised text in Part 71 to confirm the procedures and any changed requirements. Keeping citations current avoids confusion and ensures compliance with the revised rule.

Under 70a.6, where can I find the Federal Register citation that documents the redesignation and revision?

The redesignation and revision are recorded at 63 FR 56743 (October 22, 1998) as noted in the section text. For the operative regulatory language to follow now, consult 71.6 in Part 71.

Under 70a.6, does redesignation mean the privacy protections were removed or weakened?

Not necessarily; redesignation means the provision was moved and the text was revised, so you must read the updated protections in 71.6. Compare the prior language to Part 71 to understand any substantive changes to privacy protections.

Under 70a.6, who enforces the disclosure rules after redesignation?

OSHA enforces the disclosure and privacy rules, and the current enforcement and compliance obligations are reflected in Part 71 and 71.6. Refer to those sections for the enforceable standards.

Under 70a.6, if I cite privacy rules in a legal filing, which citation should I use now?

Use the current citation, 71.6, since 70a.6 was redesignated and revised into that section. Also reference Part 71 for the full context of the rule.

Under 70a.6, are there any OSHA Letters of Interpretation specific to this redesignation available?

No specific Letters of Interpretation were located for 70a.6 in this batch; you should consult the current rule text in 71.6 and search OSHA's interpretation database for any guidance related to Part 71.

Under 70a.6, what does 'Protection of Individual Privacy in Records' refer to now?

That subject is now addressed in Part 71 and 71.6, which contains the current regulatory provisions governing protection of individual privacy in records and disclosure procedures.

Under 70a.6, if an agency followed old 70a.6 procedures before redesignation, is remediating past disclosures required now?

Whether remediation is required depends on the specifics of the disclosure and any changes in the revised 71.6. Review the current language in Part 71 and consult legal counsel or OSHA guidance to determine if corrective action is necessary.

Under 70a.6, can I still find historical regulatory text for comparison?

Yes, historical text and the Federal Register notice (63 FR 56743, October 22, 1998) document the redesignation and revision; however, use the current rule in 71.6 for compliance. Historical versions can help you track what changed but are not the controlling requirements today.

Under 70a.6, should training materials be revised when a provision is redesignated and revised?

Yes — update training materials to reflect the current requirements in 71.6 and review Part 71 so workers and managers follow the revised procedures for disclosure and privacy protection.

Under 70a.6, how can an organization confirm that its disclosure procedures comply with the revised rule?

Compare your procedures against the current regulatory language in 71.6 and the broader requirements in Part 71; update policies, train personnel, and consider legal review if the revised text changes substantive obligations.

Under 70a.6, is there a simple rule of thumb for handling requests that cite 70a.6?

Treat requests that cite 70a.6 as requests governed by the current provisions in 71.6. Respond using the updated procedures in Part 71 and update your internal guidance to reference the new citation.