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['Recordkeeping']
04/29/2024
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Summary of differences between federal and state regulations
Federal
The federal Fair Labor Standards Act does not require employers to allow employees access to their personnel files. This access is generally a matter of agreement between an employer and an employee (or the employee’s representative). However, while federal law does not, some state laws require employers to allow employees access to their files. Employers need to comply with the state laws.
Federal OSHA requires that employers must allow employees and their designated representatives to inspect and/or copy records pertaining to exposure to hazardous substances. Access must be provided in a reasonable time, place, and manner. Access must be provided within 15 days working days. No costs may be incurred for the first provision, but subsequent provisions may be charged reasonable, nondiscriminatory administrative costs.
Employees and former employees must be guaranteed access to their individual OSHA 301 forms. Employee representatives will be provided access to the “information about the case” section of the OSHA 301 form in establishments where they represent employees.
The federal Health Insurance Portability and Accountability Act (HIPAA) requires employers to allow employees to inspect and/or obtain a copy of any of their own protected health information that is used to make decisions about them. Employers must provide access within 30 days of receiving a request if the information is maintained or accessible onsite. If not, employers have 60 days to act. Employers must arrange for a mutually convenient time and place for employee access. Employers may charge reasonable, cost-based fees for copying information, but not for retrieving or handling the information or processing a request.
State
Records to be kept on file | |
Wage and Hour/Payroll | Wage/hour Keep records of the hours worked by each employee and the wages paid to each employee for three years. General Statutes of Connecticut, Title 31, chapter 558, sec. 31-66 |
Additionally, employers need to retain the following records for each employee:
Connecticut Labor Department: Records to be Retained by Employers. | |
Manufacturing and mechanical establishments located in Connecticut that provide materials to be manufactured by home workers must record employees’ names and addresses, as well as the wages paid to them. These records must be retained for at least three years. General Statutes of Connecticut, Title 31, chapter 557, sec. 31-31 | |
Unemployment Maintain employment records for the purposes of unemployment for a period of four years. General Statutes of Connecticut, Title 31, chapter 567, sec. 31-254 | |
Accessible Records | Public and private employees Employers must, within a reasonable time after receipt of a written request from employees, allow employees to view their personnel files. The inspection must take place during regular work hours at a location reasonably near the employee's place of employment. Each employer who has personnel files shall be required to keep any personnel file pertaining to a particular employee for at least one year after the termination of such employee's employment. General Statutes of Connecticut, Title 31, chapter 563a, sec. 31-128b |
Medical records After receiving a written request from an employee, employers must allow the employee's chosen physician or a physician chosen by the employer with the employee's consent to view the employee's personal medical records. The inspection must take place during regular business hours at a location at or reasonably near the employee's place of employment. Each employer that has medical records shall be required to keep any medical records pertaining to a particular employee for at least three years following termination of employment. General Statutes of Connecticut, Title 31, chapter 563a, sec. 31-128c | |
Copying personnel files Employers must, after receipt of a written request, allow employees to copy all or part of their personnel file. Additionally, employers must provide an employee's physician with a copy of the employee's medical records, if the written request for such records reasonably identifies the materials to be copied. Employers may charge a fee for the copying of these records. The fee must be reasonably related to the cost of supplying the requested documents. General Statutes of Connecticut, Title 31, chapter 563a, sec. 31-128g | |
Toxic material exposure Allow employees or their designated representatives access to records regarding toxic material and harmful physical agent monitoring and measuring. Allow employees and former employees to access records that will indicate their personal exposure to such hazardous materials. General Statutes of Connecticut, Title 31, chapter 571, sec. 31-374(c)(3) | |
Inaccessible Records | Employers needn't provide access to the following records:
General Statutes of Connecticut, Title 31, chapter 563a, sec. 31-128a |
State
Contact
Connecticut Department of Labor
Regulations
General Statutes of Connecticut, Title 31, chapter 563a, §§ 31-128a, 31-128b, 31-128c, 31-128g
General Statutes of Connecticut, Title 31, chapter 571, sec. 31-374(c)(3)
Federal
Contacts
Occupational Safety and Health Administration
U.S. Health and Human Services Department
Regulations
29 CFR 1910.1020(e) (OSHA)
45 CFR 164.524 (HIPAA)
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