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OSHA 71.12

Social security number disclosure

71 Subpart A

14 Questions & Answers

Questions & Answers

Under 71.12(a), what written information must a component unit give when asking someone to disclose their Social Security number?

Under 71.12(a), the component unit must provide the individual in writing with the statute, whether disclosure is mandatory or voluntary, and the consequences of refusal. Specifically, the notice must state the legal authority for requesting the number (71.12(a)(1)), whether the disclosure is mandatory or voluntary (71.12(a)(2)), and any consequences of refusing to provide it (71.12(a)(3)).

Under 71.12(b), can a Department component unit deny benefits solely because a person refuses to give their Social Security number?

Under 71.12(b), no; absent specific federal statutory authority, a component unit cannot deny any right, benefit, or privilege solely because an individual refuses to disclose a Social Security number. This means refusal alone cannot be the sole basis for denial unless a specific federal law requires disclosure (71.12(b)).

Under 71.12(a)(2), how should a component unit state whether disclosure of a Social Security number is mandatory or voluntary?

Under 71.12(a)(2), the component unit must clearly say in writing whether the disclosure is mandatory or voluntary. The notice should use plain language that tells the person if the law or regulation requires them to provide the number or if they may choose not to (71.12(a)(2)).

Under 71.12(a)(1), what should the component unit include when describing the authority that requires a Social Security number?

Under 71.12(a)(1), the component unit must identify the specific statute, regulation, Executive Order, or other authority under which the Social Security number is solicited. The notice should name the legal source so the person knows the basis for the request (71.12(a)(1)).

Under 71.12(a)(3), what must be stated about consequences if someone refuses to disclose their Social Security number?

Under 71.12(a)(3), the component unit must describe any consequences that will follow if the person refuses or fails to disclose the Social Security number. If there are no consequences, the notice should explicitly say so; if there are consequences, they must be stated plainly in writing (71.12(a)(3)).

Under 71.12(c), who is responsible for ensuring employees collecting Social Security numbers know why they are collected and how they'll be used?

Under 71.12(c), the head of each component unit is responsible for ensuring that employees authorized to collect Social Security or tax identifying numbers are aware of the statutory basis for collection, the uses of the numbers, and any consequences of refusal to disclose. This requires training and direction from leadership (71.12(c)).

Under 71.12, does the rule apply only to Social Security numbers or also to tax identifying numbers?

Under 71.12(c), the rule covers both Social Security account numbers and tax identifying numbers when discussing employee awareness and collection procedures. The text explicitly mentions both types of numbers in setting the expectation for authorized collectors (71.12(c)).

Under 71.12, what should a component unit do if there is no specific federal statutory authority for requesting a Social Security number?

Under 71.12(b), if there is no specific federal statutory authority, the component unit may not deny rights, benefits, or privileges solely because an individual refuses to disclose their Social Security number. The unit should accept refusal without imposing denials unless a specific law requires disclosure (71.12(b)).

Under 71.12(a), how should a component unit document the required written notice when collecting Social Security numbers?

Under 71.12(a), the component unit should provide the required information in a written form or notice that clearly includes the authority for the request, whether disclosure is mandatory or voluntary, and the consequences of refusal. Make sure the written notice is retained or available to the individual at the time of the request (71.12(a)).

Under 71.12(c), what topics must training for employees collecting Social Security numbers cover?

Under 71.12(c), training must cover the statutory or other legal basis for collecting the numbers, how those numbers may be used, and any consequences that might result if a person refuses to disclose the requested number. Training should ensure collectors can explain these points to individuals when requesting numbers (71.12(c)).

Under 71.12, can a component unit threaten to withhold services if someone refuses to give a Social Security number when no statute requires it?

Under 71.12(b), no; a component unit cannot withhold rights, benefits, or privileges solely because someone refuses to disclose a Social Security number unless a specific federal statute requires the disclosure. Threatening to withhold services under those circumstances would be inconsistent with the rule (71.12(b)).

Under 71.12, should the written notice explain what happens if the Social Security number is incorrect or changes?

Under 71.12(a), the required written notice must explain the authority, whether disclosure is mandatory, and consequences of refusal, but it does not specifically require language about incorrect or changed numbers. However, under the broader purpose of transparency in 71.12(a), it is good practice to include instructions on how to correct or update a number to avoid confusion.

Under 71.12, does the regulation require that the written notice be given every time a Social Security number is requested?

Under 71.12(a), the rule requires that each component unit that requests an individual to disclose a Social Security number provide the required information in writing. This means the written notice must accompany the request for the number, and best practice is to give the notice each time the number is solicited (71.12(a)).

Under 71.12, who qualifies as an "authorized" employee to collect Social Security numbers and what must they know?

Under 71.12(c), "authorized" employees are those designated by the component unit to collect Social Security or tax identifying numbers, and they must know the statutory or other basis for collection, the uses of the numbers, and any consequences of refusal. The head of the component unit must ensure these employees are informed and trained accordingly (71.12(c)).