OPM/GOVT-10 System, Employee Medical File of Records

Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
effectiveness of health and wellness
programs. We are providing advance
notice of these amendments to Congress
and OMB, as required by subsection (r)
of the Privacy Act of 1974 (5 U.S.C.
552a), as amended.

OFFICE OF PERSONNEL
MANAGEMENT
Privacy Act of 1974: Update and
Amend System of Records
AGENCY: U.S. Office of Personnel
Management (OPM).
ACTION: Update and amend OPM/
GOVT–10, Employee Medical File
System Records.

OPM proposes to update and
amend OPM/GOVT–10, Employee
Medical File System Records contained
in its inventory of record systems
subject to the Privacy Act of 1974 (5
U.S.C. 552a), as amended. This action is
necessary to meet the requirements of
the Privacy Act to publish in the
Federal Register notice of the existence
and character, as well as any new use
or intended new use of records
maintained by the agency. 5 U.S.C.
552a(e)(4) and (11).
DATES: These changes will become
effective without further notice forty
(40) calendar days from the date of this
publication, unless we receive
comments that result in a contrary
determination.
ADDRESSES: Send written comments to
the Group Manager, Employee Services,
Resources Management Group, 1900 E
Street, NW., Room 7305, Washington,
DC 20415.
FOR FURTHER INFORMATION CONTACT:
Willie Powers, Group Manager,
willie.powers@opm.gov.
SUPPLEMENTARY INFORMATION: The Office
of Personnel Management’s (OPM)
system of record notices subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as
amended, have been published in the
Federal Register. The proposed changes
include an addition of a new category of
record, (f), to reflect records resulting
from participation in agency-sponsored
health promotion and wellness
activities; an amendment to NOTE 2,
under categories of records in the
system, to include participation in an
agency-sponsored health and wellness
program; an addition of two new
purposes—(l) to facilitate
communication among members of an
on-site health and wellness program and
to the individual employee participating
in the program, and (m) to enable
evaluation of the effectiveness of on-site
health and wellness programs. We have
also proposed an update to routine use
(m) to include other agencies or
contractors acting on behalf of the
agency, the removal of routine use (x)
due to duplication of routine use (q),
and an addition of a new routine use (x)
to evaluate and report on the
SUMMARY:

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John Berry,
Director, U.S. Office of Personnel
Management.

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OPM/GOVT–10
System Name:

Employee Medical File System
Records
SYSTEM LOCATION:

a. For current employees, records are
located in agency medical, personnel,
dispensary, health, safety, or other
designated offices within the agency, or
contractors performing a medical
function for the agency.
b. For former employees, most records
will be located in an Employee Medical
Folder (EMF) stored at the National
Personnel Records Center operated by
the National Archives and Records
Administration (NARA). In some cases,
agencies may retain for a limited time
(e.g., up to 3 years) some records on
former employees.
Note 1: The records in this system of
records are ‘‘owned’’ by the Office of
Personnel Management (OPM) and should be
provided to those OPM employees who have
an official need or use for those records.
Therefore, if an employing agency is asked by
an OPM employee to access the records
within this system, such a request should be
honored.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Current and former Federal civilian
employees as defined in 5 U.S.C. 2105.
CATEGORIES OF RECORDS IN THE SYSTEM:

Records maintained in this system
include:
a. Medical records, forms, and reports
completed or obtained when an
individual applies for a Federal job and
is subsequently employed;
b. Medical records, forms, and reports
completed during employment as a
condition of employment, either by the
employing agency or by another agency,
State or local government entity, or a
private sector entity under contract to
the employing agency;
c. Records pertaining and resulting
from the testing of the employee for use
of illegal drugs under Executive Order
12564. Such records may be retained by
the agency (e.g., by the agency Medical
Review Official) or by a contractor
laboratory. This includes records of
negative results, confirmed or
unconfirmed positive test results, and

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documents related to the reasons for
testing or other aspects of test results.
d. Reports of on-the-job injuries and
medical records, forms, and reports
generated as a result of the filing of a
claim for Workers’ Compensation,
whether the claim is accepted or not.
(The official compensation claim file is
not covered by this system; rather, it is
part of the Department of Labor’s Office
of Workers’ Compensation Program
(OWCP) system of records.)
e. All other medical records, forms,
and reports created on an employee
during his/her period of employment,
including any retained on a temporary
basis (e.g., those designated to be
retained only during the period of
service with a given agency) and those
designated for long-term retention (i.e.,
those retained for the entire duration of
Federal service and for some period of
time after).
f. Records resulting from participation
in agency-sponsored health promotion
and wellness activities, including health
risk appraisals, biometric testing, health
coaching, disease management,
behavioral management, preventive
services, fitness programs, and any other
activities that could be considered part
of a comprehensive worksite health and
wellness program.
Note 2: Records maintained by an agency
dispensary are included in this system only
when they are the result of a condition of
employment or related to an on-the-job
occurrence or result from participation in an
agency-sponsored health and wellness
program.
Note 3: Records pertaining to employee
drug or alcohol abuse counseling or
treatment, and those pertaining to other
employee counseling programs conducted
under the Health Service Program established
pursuant to 5 U.S.C. chapter 79, are not part
of this system of records.
Note 4: Only Routine Use ‘‘u’’ identified for
this system of records is applicable to records
relating to drug testing under Executive
Order 12564. Further, such records shall be
disclosed only to a very limited number of
officials within the agency, generally only to
the agency Medical Review Official (MRO),
the administrator of the agency Employee
Assistance Program, and any supervisory or
management official within the employee’s
agency having authority to take the adverse
personnel action against the employee.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Executive Orders 12107, 12196, and
12564 and 5 U.S.C. chapters 11, 33, and
63.
PURPOSE(S):

Records in this system of records are
maintained for a variety of purposes,
which include the following:

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a. To ensure that records required to
be retained on a long-term basis to meet
the mandates of law, Executive Order,
or regulations (e.g., the Department of
Labor’s Occupational Safety and Health
Administration (OSHA) and OWCP
regulations), are so maintained.
b. To provide data necessary for
proper medical evaluations and
diagnoses, to ensure that proper
treatment is administered, and to
maintain continuity of medical care.
c. To provide an accurate medical
history of the total health care and
medical treatment received by the
individual as well as job and/or hazard
exposure documentation and health
monitoring in relation to health status
and claims of the individual.
d. To enable the planning for further
care of the patient.
e. To provide a record of
communications among members of the
health care team who contribute to the
patient’s care.
f. To provide a legal document
describing the health care administered
and any exposure incident.
g. To provide a method for evaluating
quality of health care rendered and jobhealth-protection including engineering
protection provided, protective
equipment worn, workplace monitoring,
and medical exam monitoring required
by OSHA or by good practice.
h. To ensure that all relevant,
necessary, accurate, and timely data are
available to support any medicallyrelated employment decisions affecting
the subject of the records (e.g., in
connection with fitness-for-duty and
disability retirement decisions).
i. To document claims filed with and
the decisions reached by the OWCP and
the individual’s possible reemployment
rights under statutes governing that
program.
j. To document employee’s reporting
of on-the-job injuries or unhealthy or
unsafe working conditions, including
the reporting of such conditions to
OSHA and actions taken by that agency
or by the employing agency.
k. To ensure proper and accurate
operation of the agency’s employee drug
testing program under Executive Order
12564.
l. To facilitate communication among
members of an on-site health and
wellness program and to the individual
employee participating in the program.
m. To enable evaluation of the
effectiveness of on-site health and
wellness programs.

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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSE OF SUCH USES:

Note 5: With the exception of Routine Use
‘‘u,’’ none of the other Routine Uses identified
for this system of records are applicable to
records relating to drug testing under
Executive Order 12564. Further, such records
shall be disclosed only to a very limited
number of officials within the agency,
generally only to the agency Medical Review
Official (MRO), the administrator of the
agency Employee Assistance Program, and
the management official empowered to
recommend or take adverse action affecting
the individual. These records and
information in these records may be used:
a. To disclose information to the
Department of Labor, Department of Veterans
Affairs, Social Security Administration,
Federal Retirement Thrift Investment Board,
or a national, State, or local social security
type agency, when necessary to adjudicate a
claim (filed by or on behalf of the individual)
under a retirement, insurance, or health
benefit program.
b. To disclose information to a Federal,
State, or local agency to the extent necessary
to comply with laws governing reporting of
communicable disease.
c. To disclose information to another
Federal agency, to a court, or a party in
litigation before a court or in an
administrative proceeding being conducted
by a Federal agency when the Government is
a party to the judicial or administrative
proceeding.
d. To disclose information to the
Department of Justice, or in a proceeding
before a court, adjudicative body, other
administrative body before which the agency
is authorized to appear, when:
1. The agency, or any component thereof;
or
2. Any employee of the agency in his or her
official capacity; or
3. Any employee of the agency in his or her
individual capacity where the Department of
Justice or the agency has agreed to represent
the employee; or
4. The United States, where the agency
determines that litigation is likely to affect
the agency or any of its components, is a
party to litigation or has an interest in such
litigation, and the use of such records by the
Department of Justice or the agency is
deemed by the agency to be relevant and
necessary to the litigation, provided,
however, that in each case it has been
determined that the disclosure is compatible
with the purpose for which the records were
collected.
e. To disclose in response to a request for
discovery or for appearance of a witness,
information that is relevant to the subject
matter involved in a pending judicial or
administrative proceeding.
f. To disclose pertinent information to the
appropriate Federal, State, or local agency
responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule,
regulation, or order when the disclosing
agency becomes aware of an indication of a
violation or potential violation of civil or
criminal law or regulation.

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g. To disclose information to the Office of
Management and Budget at any stage in the
legislative coordination and clearance
process in connection with private relief
legislation as set forth in OMB Circular No.
A–19.
h. To disclose information to a
congressional office from the record of an
individual in response to an inquiry from the
congressional office made at the request of
that individual.
i. To disclose information to the Merit
System Protection Board or the Office of the
Special Counsel, the Federal Labor Relations
Authority and its General Counsel, the Equal
Employment Opportunity Commission,
arbitrators, and hearing examiners to the
extent necessary to carry out their authorized
duties.
j. To disclose information to survey team
members from the Joint Commission on
Accreditation of Hospitals (JCAH) when
requested in connection with an
accreditation review, but only to the extent
that the information is relevant and necessary
to meet the JCAH standards.
k. To disclose information to the National
Archives and Records Administration in
records management inspections and its role
as Archivist.
l. To disclose information to health
insurance carriers contracting with the Office
to provide a health benefits plan under the
Federal Employees Health Benefits Program
information necessary to verify eligibility for
payment of a claim for health benefits.
m. By the agency maintaining or
responsible for generating the records (or
third parties under contract with the agency)
to locate individuals for health research or
survey response and in the production of
summary descriptive statistics and analytical
studies (e.g., epidemiological studies) in
support of the function for which the records
are collected and maintained. While
published statistics and studies do not
contain individual identifiers, in some
instances the selection of elements of data
included in the study might be structured in
such a way as to make the data individually
identifiable by inference.
n. To disclose information to the Office of
Federal Employees Group Life Insurance or
Federal Retirement Thrift Investment Board
that is relevant and necessary to adjudicate
claims.
o. To disclose information, when an
individual to whom a record pertains is
mentally incompetent or under other legal
disability, to any person who is responsible
for the care of the individual, to the extent
necessary.
p. To disclose to the agency-appointed
representative of an employee, all notices,
determinations, decisions, or other written
communications issued to the employee, in
connection with an examination ordered by
the agency under medical evaluation
(formerly Fitness for Duty) examinations
procedures.
q. To disclose to a requesting agency,
organization, or individual the home address
and other information concerning those
individuals who it is reasonably believed
might have contracted an illness or been
exposed to or suffered from a health hazard
while employed in the Federal workforce.

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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
r. To disclose information to a Federal
agency, in response to its request or at the
initiation of the agency maintaining the
records, in connection with the retention of
an employee, the issuance of a security
clearance, the conducting of a suitability or
security investigation of an individual, the
classifying of jobs, the letting of a contract,
or the issuance of a license, grant, or other
benefit by the requesting agency, or the
lawful, statutory, administrative, or
investigative purpose of the agency, to the
extent that the information is relevant and
necessary to the requesting agency’s decision
on the matter.
s. To disclose to any Federal, State, or local
government agency, in response to its request
or at the initiation of the agency maintaining
the records, information relevant and
necessary to the lawful, statutory,
administrative, or investigatory purpose of
that agency as it relates to the conduct of job
related epidemiological research or the
assurance of compliance with Federal, State,
or local government laws on health and
safety in the work environment.
t. To disclose to officials of labor
organizations recognized under 5 U.S.C.
chapter 71, analyses using exposure or
medical records and employee exposure
records, in accordance with the records
access rules of the Department of Labor’s
OSHA, and subject to the limitations at 29
CFR 1910.20(e)(2)(iii)(B).
u. To disclose the results of a drug test of
a Federal employee pursuant to an order of
a court of competent jurisdiction where
required by the United States Government to
defend against any challenge against any
adverse personnel action.
v. To disclose information to contractors,
grantees, or volunteers performing or
working on a contract, service, grant,
cooperative agreement or job for the Federal
Government.
w. To disclose records on former Panama
Canal Commission employees to the
Republic of Panama for use in employment
matters.
x. To evaluate and report on the
effectiveness of health and wellness
programs by agency staff or third parties
under contract with the agency to conduct
such evaluations.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, SAFEGUARDING, AND RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Records are stored in file folders, on
microfiche, in electronic record systems,
and on file cards, x-rays, or other
medical reports and forms.

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RETRIEVABILITY:

Records are retrieved by the
employee’s name, date of birth, social
security number, or any combination of
those identifiers.
SAFEGUARDS:

Records are stored in locked file
cabinets or locked rooms. Electronic
records are protected by restricted

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access procedures and audit trails.
Access to records is strictly limited to
agency or contractor officials with a
bona fide need for the records.
RETENTION AND DISPOSAL:

The EMF is maintained for the period
of the employee’s service in the agency
and is then transferred to the National
Personnel Records Center for storage, or
as appropriate, to the next employing
Federal agency. Other medical records
are either retained at the agency for
various lengths of time in accordance
with the National Archives and Records
Administration’s records schedules or
destroyed when they have served their
purpose or when the employee leaves
the agency. Within 90 days after the
individual separates from the Federal
service, the EMF is sent to the National
Personnel Records Center for storage.
Destruction of the EMF is in accordance
with General Records Schedule-1(21).
Records arising in connection with
employee drug testing under Executive
Order 12564 are generally retained for
up to 3 years. Records are destroyed by
shredding, burning, or by erasing the
disk.
SYSTEM MANAGER(S) AND ADDRESS:

a. Group Manager, Employee Services,
Resources Management Group, 1900 E
Street, NW., Room 7305, Washington,
DC 20415.
b. For current Federal employees,
OPM has delegated to the employing
agency the Privacy Act responsibilities
concerning access, amendment, and
disclosure of the records within this
system notice.
NOTIFICATION PROCEDURE:

Individuals wishing to inquire
whether this system of records contains
records on them should follow the
appropriate procedure listed below.
a. Current Employees. Current
employees should contact their
employing agency’s personnel,
dispensary, health, safety, medical, or
other designated office responsible for
maintaining the records, as identified in
the agency’s internal issuance covering
this system. Individuals must furnish
such identifying information as required
by the agency for their records to be
located and identified.
b. Former employees. Former
employees should contact their former
agency’s personnel, dispensary, health,
safety, medical, or other designated
office responsible for maintaining the
records, as identified in the agency’s
internal issuance covering this system.
Additionally, for access to their EMF,
they should submit a request to the
National Personnel Records Center

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(Civilian), 111 Winnebago Street, St.
Louis, Missouri 63118.
RECORDS ACCESS PROCEDURE:

a. Current employees should contact
the appropriate agency office as
indicated in the Notification Procedure
section and furnish such identifying
information as required by the agency to
locate and identify the records sought.
b. Former employees should contact
the appropriate agency office as
indicated in the Notification Procedure
section and furnish such identifying
information as required by the agency to
locate and identify the records sought.
Former employees may also submit a
request to the National Personnel
Records Center (Civilian), 111
Winnebago Street, St. Louis, Missouri
63118, for access to their EMF. When
submitting a request to the National
Personnel Records Center, the
individual must furnish the following
information to locate and identify the
record sought:
1. Full name.
2. Date of birth.
3. Social security number.
4. Agency name, date, and location of
last Federal service.
5. Signature.
c. Individuals requesting access must
also comply with OPM’s Privacy Act
regulations on verification of identity
and access to records (5 CFR part 297).
CONTESTING RECORDS PROCEDURE:

Because medical practitioners often
provide differing, but equally valid
medical judgments and opinions when
making medical evaluations of an
individual’s health status, review of
requests from individuals seeking
amendment of their medical records,
beyond correction and updating of the
records, will be limited to consideration
of including the differing opinion in the
record rather than attempting to
determine whether the original opinion
is accurate. Individuals wishing to
amend their records should:
a. For a current employee, contact the
appropriate agency office identified in
the Notification Procedure section and
furnish such identifying information as
required by the agency to locate and
identify the records to be amended.
b. For a former employee, contact the
appropriate agency office identified in
the Notification Procedure section and
furnish such identifying information as
required by the agency to locate and
identify the record to be amended.
Former employees may also submit a
request to amend records in their EMF
to the system manager. When
submitting a request to the system
manager, the individual must furnish

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the following information to locate and
identify the records to be amended:
1. Full name.
2. Date of birth.
3. Social security number.
4. Agency name, date, and location of
last Federal service.
5. Signature.
c. Individuals seeking amendment of
their records must also follow the
Office’s Privacy Act regulations on
verification of identity and amendment
of records (5 CFR part 297).
RECORDS SOURCE CATEGORIES:
RECORDS IN THIS SYSTEM ARE OBTAINED FROM:

a. The individual to whom the records
pertain.
b. Agency employee health unit staff.
c. Federal and private sector medical
practitioners and treatment facilities.
d. Supervisors/managers and other
agency officials.
e. Other agency records.
[FR Doc. 2010–14838 Filed 6–18–10; 8:45 am]
BILLING CODE 6325–46–P

POSTAL REGULATORY COMMISSION
[Docket Nos. CP2010–60 through CP2010–
63; Order No. 472]

New Postal Products
Postal Regulatory Commission.
Notice.

AGENCY:
ACTION:

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SUMMARY: The Commission is noticing a
recently–filed Postal Service request to
add new Global Expedited Package
Services 2 products to the Competitive
Product List. This notice addresses
procedural steps associated with the
filing.
DATES: Comments are due: June 22,
2010.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at http://
www.prc.gov. Commenters who cannot
submit their views electronically should
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
by telephone for advice on alternatives
to electronic filing.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at stephen.sharfman@prc.govor 202–
789–6820.
SUPPLEMENTARY INFORMATION:

Table of Contents
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
On June 14, 2010, the Postal Service
filed a notice announcing that it has

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entered into four additional Global
Expedited Package Services 2 (GEPS 2)
contracts.1 The Postal Service believes
the instant contracts are functionally
equivalent to previously submitted
GEPS 2 contracts, and are supported by
Governors’ Decision No. 08–7, attached
to the Notice and originally filed in
Docket No. CP2008–4. Id. at 1–2,
Attachment 3. The Notice also explains
that Order No. 86, which established
GEPS 1 as a product, also authorized
functionally equivalent agreements to be
included within the product, provided
that they meet the requirements of 39
U.S.C. 3633. Id. at 1. In Order No. 290,
the Commission approved the GEPS 2
product.2
The instant contracts. The Postal
Service filed the instant contracts
pursuant to 39 CFR 3015.5. In addition,
the Postal Service contends that each
contract is in accordance with Order No.
86. The term of each contract is one year
from the date the Postal Service notifies
the customer that all necessary
regulatory approvals have been
received. Notice at 2–3.
In support of its Notice, the Postal
Service filed four attachments as
follows:
• Attachments 1A, 1B, 1C and 1D—
redacted copies of the four contracts and
applicable annexes;
• Attachments 2A, 2B, 2C and 2D—a
certified statement required by 39 CFR
3015.5(c)(2) for each of the four
contracts;
• Attachment 3—a redacted copy of
Governors’ Decision No. 08–7 which
establishes prices and classifications for
GEPS contracts, a description of
applicable GEPS contracts, formulas for
prices, an analysis and certification of
the formulas and certification of the
Governors’ vote; and
• Attachment 4—an application for
non–public treatment of materials to
maintain redacted portions of the
contracts and supporting documents
under seal.
The Notice advances reasons why the
instant GEPS 2 contracts fit within the
Mail Classification Schedule language
for GEPS 2. The Postal Service identifies
customer–specific information, general
contract terms, and other differences
that distinguish the instant contracts
from the baseline GEPS 2 agreement, all
of which are highlighted in the Notice.
1 Notice of United States Postal Service Filing of
Four Functionally Equivalent Global Expedited
Package Services 2 Negotiated Service Agreements
and Application for Non–Public Treatment of
Materials Filed Under Seal, June 14, 2010 (Notice).
2 Docket No. CP2009–50, Order Granting
Clarification and Adding Global Expedited Package
Services 2 to the Competitive Product List, August
28, 2009 (Order No. 290).

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Id. at 3–6. These modifications as
described in the Postal Service’s Notice
apply to each of the instant contracts.
The Postal Service contends that the
instant contracts are functionally
equivalent to previously filed GEPS 2
contracts and are substantially similar to
that in Docket No. CP2009–50 in terms
of the product being offered, the market
in which it is offered, and its cost
characteristics. Id. at 2–3. The Postal
Service states that ‘‘the relevant cost and
market characteristics are similar, if not
the same for these four contracts and the
baseline GEPS contract.’’ Id. at 6.
The Postal Service also contends that
its filing demonstrates that each of the
new GEPS 2 contracts complies with the
requirements of 39 U.S.C. 3633. It
requests that the contracts be included
within the GEPS 2 product. Id. at 7.
II. Notice of Filing
The Commission establishes Docket
Nos. CP2010–60, CP2010–61, CP2010–
62 and CP2010–63 for consideration of
matters related to the contracts
identified in the Postal Service’s Notice.
These dockets are addressed on a
consolidated basis for purposes of this
order. Filings with respect to a
particular contract should be filed in
that docket.
Interested persons may submit
comments on whether the Postal
Service’s contracts are consistent with
the policies of 39 U.S.C. 3632, 3633 or
3642. Comments are due no later than
June 22, 2010. The public portions of
these filings can be accessed via the
Commission’s Web site (http://
www.prc.gov).
The Commission appoints Paul L.
Harrington to serve as Public
Representative in the captioned
proceedings.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
Nos. CP2010–60, CP2010–61, CP2010–
62 and CP2010–63 for consideration of
matters raised by the Postal Service’s
Notice.
2. Comments by interested persons in
these proceedings are due no later than
June 22, 2010.
3. Pursuant to 39 U.S.C. 505, Paul L.
Harrington is appointed to serve as
officer of the Commission (Public
Representative) to represent the
interests of the general public in these
proceedings.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.

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