Federal & State Regulations | Recordkeeping - Maryland

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Summary of differences between federal and state regulations

Federal

The 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	Payroll Each employer shall keep, for at least three years, in or about the place of employment, a record of: The name, address, and occupation of each employee; The rate of pay of each employee; The amount that is paid each pay period to each employee; and The hours that each employee works each day and workweek. Maryland Code, Labor and Employment §3-424
	Unemployment For unemployment purposes, employers must keep certain employment records for a period of five years from the last day of the calendar quarter to which the records relate. Employment records include but are not limited to: Wage records, Payroll registers, Check registers, Cash disbursements journals, Canceled checks, Federal income tax returns (Schedule 1040C for individual proprietors), Forms 1096 and 1099, and General ledgers. An employing unit shall include in its wage records: The dates of each pay period; All of the wages paid to each worker for each pay period and the total amount of wages paid for employment in the pay period, showing separately the amount of wages paid: In cash, and In any medium other than cash; The method by which wages are computed; Hire date, separation date, and reason for separation of each worker; Name, address, and Social Security number of each worker; and With respect to individuals who work less than full-time: The wage rate, The number of hours worked each day, Wages earned by calendar week, Whether the individual worked less than full-time during the week, and Whether the individual worked all available hours. Maryland Code, Labor and Employment §8-625; COMAR 09.32.01.06
Accessible Records	Chemical information lists/MSDSs An employee or designated representative may ask an employer for access to a chemical information list maintained by the employer and a copy of the chemical information list or any material safety data sheet in the workplace of the employee. An employer shall comply with a request for access, in the workplace of the employee, within one working day after a request. An employer must provide a copy of the list or sheet within five days after a request. To comply with a request for a copy, an employer shall provide, without charge to the employee or designated representative, the copy or the mechanical means to produce the copy. If, during a calendar year, more than one copy is requested for an employee the employer may assess a reasonable charge for each additional copy. If an employer fails to comply with these requirements, an employee who requests the information may refuse to work with the hazardous chemical for which the chemical information list or material safety data sheet was requested. This section does not apply to: A railroad that is subject to the Federal Railroad Safety Act of 1970 and the jurisdiction of the Federal Railroad Administration; A landfill in the state; A person who: Is engaged in the business of providing commercial or residential garbage and refuse pickup and disposal service while actually engaging in the pickup and disposal of garbage and refuse; and Does not pick up, transport, treat, store, or dispose of controlled hazardous substances that are regulated under Title 7, Subtitle 2 of the Environment Article; or An analytical, educational, or research and development laboratory. Maryland Code, Labor and Employment §§ 5-401, 5-407
	Public employees Public employees may view their personnel records, including an application, performance rating, or scholastic achievement information, at any “reasonable time.” The employee may be required to submit a written application to view his or her record. The custodian of the personnel record may charge a reasonable fee for the search for, preparation of, and reproduction of the record. The custodian may not charge a fee for the first two hours that are needed to search for a public record and prepare it for inspection. Public employees may copy their personnel records. The record custodian may charge any reasonable fee for making or supervising the making of a copy, printout, or photograph of a record. The custodian may charge for the cost of providing facilities for the reproduction of the public record if the custodian did not have the facilities. Maryland Code, State Government §§ 10-614, 10-616, 10-620, 10-621
Inaccessible Records	Public employees may not inspect letters of reference or confidential records. Maryland Code, State Government §§ 10-615, 10-616