OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 71.9

Correction or amendment requests

Subpart A

19 Questions & Answers

Questions & Answers

Under 71.9(a), how do I submit a request to correct or amend my record?

You must submit a written request addressed to the component that maintains the record, identify the specific record, state the correction or amendment sought, and explain why the change is justified. The request and the envelope must both be clearly marked "Privacy Act Amendment Request." See 71.9(a).

Under 71.9(a), what details must my Privacy Act amendment request include?

Your request must identify the particular record, state exactly what correction or amendment you want, and set forth the justification for the change. Also address the request to the component that maintains the record and mark both the envelope and the request "Privacy Act Amendment Request." See 71.9(a).

Under 71.9(b), how long does a component have to notify me whether my correction or amendment request will be granted or denied?

The component must notify you within 30 working days of receiving your request whether it will be granted or denied, in whole or in part. If granted in whole or in part, the component must send you a copy of the amended record in releasable form as proof. See 71.9(b).

Under 71.9(b), what must a component send me if it grants my request in whole or in part?

If your request is granted in whole or in part, the component must send you a copy of the amended record in releasable form as proof of the change. See 71.9(b).

Under 71.9(b) and 71.9(c), what happens if my correction or amendment request is denied?

If your request is denied in whole or in part, the component must notify you in writing of the denial, explain the reason(s), and tell you that you have the right to appeal. You may then appeal the denial to the Solicitor of Labor within 90 days of receiving the denial notice. See 71.9(b) and 71.9(c).

Under 71.9(c), how do I file an appeal to the Solicitor of Labor and what must it include?

You must file a written appeal to the Solicitor of Labor within 90 days of receiving the denial notice, address it to the Solicitor at 200 Constitution Avenue, NW, Washington, DC 20210-0002, and clearly mark both the envelope and the appeal "Privacy Act Amendment Appeal." The appeal must state the specific item you want corrected or amended and include any documentation that justifies the change. See 71.9(c).

Under 71.9(d), how long will the Solicitor of Labor take to decide my appeal?

The Solicitor of Labor will decide appeals within 30 working days of receipt of the appeal unless there is good cause to extend this period, in which case you must be notified of the extension. See 71.9(d).

Under 71.9(d)(1), if the Solicitor affirms the denial on appeal, what rights and notices must I receive?

If the denial is affirmed on appeal, you must be notified in writing of the affirmation and informed of (1) the reason(s) the denial was affirmed, (2) your right to file a Statement of Disagreement under paragraph (f), and (3) your right to obtain judicial review in U.S. District Court in specified districts. See 71.9(d)(1) and 71.9(d)(1)(iii).

Under 71.9(d)(2), what happens if the Solicitor reverses the denial on appeal?

If the denial is reversed on appeal, the Solicitor will notify you and promptly remand the request to the component that denied it so the component can process the request in accordance with the appeal decision. See 71.9(d)(2).

Under 71.9(e), can the Solicitor of Labor delegate appeal decisions, and to whom?

Yes, the Solicitor of Labor may delegate the authority to decide appeals from denials to other senior attorneys within the Office of the Solicitor. See 71.9(e).

Under 71.9(f), what are the rules for filing a Statement of Disagreement after a denial?

You have the right to file a Statement of Disagreement with the Solicitor of Labor within 30 days of receiving notice of denial. Each Statement may not exceed one typed page per fact disputed; statements longer than that will be returned for condensation. See 71.9(f).

Under 71.9(f) and 71.9(g), how will my Statement of Disagreement be handled once filed?

Upon receipt, the agency must promptly include your Statement of Disagreement in the disputed record and mark the record to show that a Statement of Disagreement has been filed. The component must append the Statement whenever the disputed record is disclosed. The component may also append a written explanation of why it denied the request. See 71.9(f) and 71.9(g).

Under 71.9(g), what must a component do after a record has been corrected or amended?

Within 30 working days of correcting or amending a record, the component must notify all components or agencies to which it previously disclosed the record that the record has been amended. See 71.9(g).

Under 71.9(g), what happens when I have filed a Statement of Disagreement and the disputed record is later disclosed?

Whenever the disputed record is disclosed, the component must append a copy of your Statement of Disagreement to the record so recipients receive the statement along with the disputed information. See 71.9(g).

Under 71.9(a) and 71.9(c), what exact envelope markings are required for initial requests and appeals?

Initial requests for correction or amendment must have both the envelope and the request itself clearly marked "Privacy Act Amendment Request," and appeals must have both the envelope and the appeal letter clearly marked "Privacy Act Amendment Appeal." See 71.9(a) and 71.9(c).

Under 71.9(c), where must I send an appeal to the Solicitor of Labor?

You must send the written appeal to the Solicitor of Labor, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210-0002, and clearly mark both the envelope and the appeal "Privacy Act Amendment Appeal." See 71.9(c).

Under 71.9(d), what must the Solicitor do if the decision period for an appeal is extended?

If the Solicitor extends the 30 working day decision period on appeal for good cause, the Solicitor must notify the appellant that the period for decision has been extended. See 71.9(d).

Under 71.9(d)(1)(iii), where can I seek judicial review if my appeal is denied?

You may obtain judicial review of the denial in the U.S. District Court for (1) the judicial district where you reside or have your principal place of business, (2) the judicial district where the record is located, or (3) the District of Columbia. See 71.9(d)(1)(iii).

Under 71.9, who is responsible for maintaining the addresses of Department components to which I should send my request?

The component addresses are listed in Appendix A of the part, and your request must be addressed to the specific component that maintains the record you want corrected. See 71.9(a) for direction to the component listings.