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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 | Wage/hour Every employer must keep a record of the hours worked by each employee and the wages paid to each. Minimum Wage Act of 1968: Section 8; Pennsylvania Consolidated Statutes Title 43, Chapter 8, §333.108 |
Payroll Every employer shall keep all payroll records or other records or documents relative to the enforcement of Pennsylvania's Wage Payment and Collection Law. Wage Payment and Collection Law: Section 8; Pennsylvania Consolidated Statutes Title 43, Chapter 8, §260.8 | |
Public contractors' records Contractors and subcontractors on public work projects must keep certain employment and wage-payment records for two years from the date of payment. The records must contain the following information with respect to each workman:
In addition, the original signed indentures for each apprentice and the approvals of the Pennsylvania Apprenticeship and Training Council shall be kept. 34 Pennsylvania Code §§ 9.109, 9.103(8); Pennsylvania Consolidated Statutes Title 43, Chapter 5A, §165-6 | |
Contractors on printing projects for the Commonwealth of Pennsylvania or any department, board, commission, or agency thereof, must maintain certain employment records for two years. These records must include:
34 Pennsylvania Code §§ 9.201, 9.207, 9.208 | |
Unemployment Each employer (whether or not liable for the payment of unemployment contributions) shall keep accurate payroll records for four years after contributions relating to such records have been paid. These records must contain the following information on each worker:
All employment and payroll records and supporting evidence, as well as all other business records such as cash books, journals, ledgers, and corporate minutes, shall be retained either at the place of employment or at an established central recordkeeping office. Note: While the other records must be maintained for four years, daily attendance records need not be retained for more than two years. Pennsylvania Unemployment Compensation Law: Section 206; 34 Pennsylvania Code §63.64; Pennsylvania Consolidated Statutes Title 43, Chapter 5A, Article II, §766 | |
Accessible Records | Public and private employees Any person currently employed, laid off with reemployment rights, or on leave of absence is entitled to inspect his or her own personnel files. Personnel files include any:
An employer must, upon an employee's request, permit the employee or his or her designated agent to inspect the employee's personnel files. An employee shall provide to the employer a signed authorization designating a specific individual or individuals who shall be authorized to inspect the employee's personnel file. The signed authorization shall be for a specific date or dates and shall indicate either the purpose for which the inspection is authorized or the particular parts of the employee's personnel file which the designated agent is authorized to inspect. The employer must make the employee's personnel records available during the regular business hours, when sufficient time is available during the course of a regular business day, to inspect the files in question. The employer may require the requesting employee to inspect the records during his or her free time rather than work time. At the employer's discretion, the employee may be required to file a written form to request access to his or her personnel file. To assist the employer in providing the correct records to meet the employee's need, the employee shall indicate in his written request either the purpose for which the inspection is requested or the particular parts of the record he or she wishes to inspect or have inspected by the designated agent. The employee or employee's agent is permitted to take notes when inspecting the personnel file. The employer may require inspection of the personnel file in the presence of an official designated by the employer. The employer must allow sufficient inspection time, commensurate with the volume content of the file. Except for reasonable cause, the employer may limit inspection to once every calendar year by an employee and once every calendar year by the employee's designated agent, if any. Pennsylvania Personnel File Act |
Inaccessible Records | Applicants are not entitled to access any records used to determine their own qualifications for employment. Employees and their designated agents are not permitted to remove employees' personnel files, any part thereof, or copy of the contents of such files. The term "personnel file" shall not include:
Pennsylvania Personnel File Act |
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)