Federal & State Regulations | Recordkeeping - South Carolina

State Info

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	Payroll Employers with five or more employees must keep the following records with respect to each employee for three years: Name, Address, Wages paid each payday, and Deductions. SC Code §41-10-20, §41-10-30
	Unemployment To comply with unemployment compensation law, employers with at least one employee must keep records containing the following information: The beginning and ending dates of each pay period, and The largest number of workers in employment during each calendar week of each pay period. Additionally, for each employee, the employer must keep records containing: Name and Social Security number; Number of hours worked each week, if less than full time; Monetary wages (including special payments) paid for employment; Reasonable cash value of remuneration paid by the employer in any medium other than cash; and Dates hired, rehired, or returned to work after temporary layoff, and the date and reason separated from employment. These records must be preserved for five years. In addition, the employer's payroll records must be kept in such a way that it would be possible to determine, with respect to each worker: Wages earned, Whether any week was a week of less than full-time work, and Time lost, if any, due to the employee's unavailability for work. SC Code §41-29-150, SC Regulations Rule 47-14
Accessible Records	Toxic substance exposure Employees and their representatives must have the opportunity to observe workplace monitoring and measuring of employee exposure to potentially toxic materials or harmful physical agents. Employees and former employees must have access to records indicating their personal exposure to these substances. If medical examinations or other tests are required to determine whether the health of an employee is adversely affected by exposure to toxic materials or harmful physical agents, the employee is entitled to request the results of such examinations or tests be made available to his or her physician. If the examinations or tests are done for research purposes, the results may be furnished at the expense of the South Carolina Division of Labor. SC Code §41-15-100
	Workers' compensation Employees must be notified, in writing or orally, if the employer requests medical information pertaining to the employee for the purposes of workers' compensation. Additionally, the employer must advise the employee of the nature of the communication with the health care provider supplying the employee's medical information. Notification must occur before the employer communicates with the health care provider. At the same time the employer submits workers' compensation medical questions to the health care provider, the employee must be provided a copy of the written questions. The employee must also be given a copy of the health care provider's response. SC Code §42-15-95