Federal & State Regulations | Recordkeeping - Utah | J. J. Keller® Compliance Network

State Info

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	Wage/hour Employers must keep records of the time worked and wages paid each pay period to each employee who is employed on an hourly or a daily basis. These records must be kept on file for at least one year after the entry of the record. Utah Code §34-28-10
	Payroll Employers must keep payroll records for employees covered by the state's Minimum Wage Act. These records must show employees': Names, Addresses, Dates of birth, Hours worked, and Wages paid. The records must be maintained for three years. Utah Code §34-40-201
	Unemployment Under Utah's Employment Security Act, employers must keep certain employment records for three years. The following information is required for each pay period and for each worker: Name and Social Security number, Place of employment, Date hired, Date and reason for separation from work, Ending date of each pay period, Total amount of wages paid for each pay period, Daily time cards or time records, kept in the regular course of business. Utah Code §35A-4-312, UT Admin. Code R994-312-101
Accessible Records	Public employees Employees of public employers may view and copy their personnel records. Employers must provide records to employees upon written request. Employees have the right to copy their personnel records. Employees must pay for the files to be copied. Utah Code Title 67, Chapter 18
	Toxic substance exposure Employees and their designated representatives have the right to access records relating to the employee's exposure to toxic substances or harmful physical agents, the employee's medical records, and records pertaining to each analysis using the employee's medical and exposure records. Exposure records pertaining to an employee consist of: Records of the employee's past or present exposure to toxic substances or harmful physical agents, Exposure records of other employees with past or present job duties or working conditions related to or similar to those of the employee, Records containing exposure information concerning the employee's workplace or working conditions, and Exposure records pertaining to workplaces or working conditions to which the employee is being assigned or transferred. Whenever access to employee medical records is requested, a physician representing the employer may recommend that the employee or designated representative: Consult with the physician for the purposes of reviewing and discussing the records requested, Accept a summary of material facts and opinions in lieu of the records requested, or Accept release of the requested records only to a physician or other designated representative. If a physician representing the employer believes that direct employee access to information contained in his or her medical records regarding a specific diagnosis of a terminal illness or a psychiatric condition could be detrimental to the employee's health, the employer may inform the employee that access will only be provided to a designated representative of the employee and deny the employee's request for direct access to this information only. If an employee or designated representative seeks access to an analysis using exposure or medical records, the employer must remove any information identifying other specific employees before granting access. If an emplyoer can demonstrate that removing personal identifiers from an analysis is not feasible, the employer needn't provide access to the portions of the analysis containing that information. Employers must provide access to these three types of records no later than 15 days after the employee or designated representative requests access. If an employee or representative requests a copy of a record, the employer must, within 15 days, assure one of the following: A copy of the record is provided without cost to the employee or representative, The necessary mechanical copying facilities (e.g., photocopying) are made available without cost to the employee or representative; or The record is loaned to the employee or representative for a reasonable time to enable a copy to be made. An employer may charge reasonable, nondiscriminatory administrative costs for a request for additional copies of the record, except that: An employer shall not charge for an initial request for a copy of new information that has been added to a record which was previously provided; and An employer shall not charge for an initial request by a recognized or certified collective bargaining agent for a copy of an employee exposure record or an analysis using exposure or medical records. UT Admin. Code §R614-1-12
Inaccessible Records	Employers may delete trade secret data from any employee exposure or medical records, or analyses of the two, when an employee or designated representative requests access to the records. UT Admin. Code §R614-1-12