...
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 | Unemployment Oklahoma's Unemployment Insurance Program requires employers to maintain the following records for four years:
Additionally, employers must keep records containing the following information with respect to each employee:
OK Statutes §40-4-502; OK Administrative Code, Title 240, Chapter 10, Subchapter 5, Part 19, §240:10-5-90 |
Accessible Records | Pre-employment physical and medical examinations Applicants and employees are entitled to receive a copy of the examiner's report of a physical or medical examination they were required to take prior to or during employment. Employers must furnish the copy, free of charge, within 30 days of a request from the employee or applicant. OK Statutes §40-191 |
Public employees Under the Oklahoma Open Records Act, public employees may view and copy their personnel records. Any member of the public, whether or not the subject of the records, may access and copy records including the following information:
OK Statutes §51-24A.7 | |
State employees Under the Oklahoma Personnel Act, each state agency must maintain records of each grievance filed and keep records of grievances separate from other individual employee personnel files. An employee or former employee shall have the right to access the grievance record he or she filed after the grievance procedure has been completed. OK Stat. §74-840-6.2(I) | |
Inaccessible Records | Individuals who are not the subject of a public employee's personnel record may not access records:
Additionally, home addresses, telephone numbers, and Social Security numbers of any person employed or formerly employed by the public employer must remain confidential. OK Statutes §51-24A.7 |
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)