complement some of the testimony we have heard to date on several different issues: A compilation of State employment privacy laws currently being compiled by CRS. A summary of a study recently conducted by the American Management Association and the University of Minnesota, under funding provided by the Law Enforcement Assistance Administration, concerning the relationship between organizational characteristics and employee theft. The introduction and summary of OSHA's final rule covering access to employee exposure and medical records, and other pertinent sections of the standard; Federal Register, vol. 45, No. 120, May 23, 1980. Excerpts pertaining to polygraph testing preemployment screening and employee access to files from the Department of Labor hearings on workplace privacy that have taken place over the course of the past year. The Equal Employment Opportunity Commission's report titled: Sex Discrimination Harassment, Adoption of Informal Guidelines. Also, we should like to incorporate by reference in the hearing record the following Government publications: Hearings before the Subcommittee on the Constitution of the Senate Committee on the Judiciary, Ninety-fifth Congress, on S. 1845, Polygraph Control and Civil Liberties Protection Act, held November 15, 16, 1977, and September 19, 21, 1978, stock No. 052070-04772-1. "Sexual Harassment in the Federal Government" Document No. 96-57 Subcommittee on Investigations, Committee on Post Office and Civil Service (Hearings held on October 23, and November 1, 1979). "Sexual Harassment in the Federal Government" Subcommittee on Investigations, Committee on Post Office and Civil Service, Committee Print No. 96-11, April 30, 1980. I would also remind any of those interested that the hearing record will remain open until September 26, 4 weeks from today, for those who still wish to submit statements or materials. Mr. CLAY. The subcommittee stands adjourned. [Whereupon, at 11:45 a.m., the Subcommittee on Labor-Management Relations of the Committee on Education and Labor adjourned.] [Material submitted for inclusion in the record follows:] STATE EMPLOYMENT PRIVACY LAWS EMPLOYEE ACCESS TO PERSONNEL FILES CALIFORNIA CODES 1198.5 Records; inspection by employee Every employer shall at reasonable times, and at reasonable intervals as determined by the Labor Commissioner, upon the request of an employee, permit that employee to inspect such personnel files which are used or have been used to determine that employee's qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. Each employer subject to this section shall keep a copy of each employee's personnel file at the place the employee reports to work, or shall make such file available at such place within a reasonable period of time after a request therefor by the employee. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense. It shall not apply to letters of reference. (Added by Stats.1975, c. 908, p. 2009, § 1. Amended by Stats.1977, c. 938, p. ——, - 1.) Library References Master and Servant 1. C.J.8. Master and Servant §§ 1, 2, 4. Maine 1 131. Employee right to review personnel file The employer shall, upon written request from an employee or former employee, provide the employee, former employee or his duly authorized representative with an opportunity to review his personnel file if the employer has a personnel file for that employee. Such reviews shall take place at the location where the personnel files are maintained and during normal office hours. The employer may at his discretion allow the review to take place at such other location and time as would be more convenient for the employee. For the purpose of this section, a personnel file shall include, but not be limited to, any formal or informal employee evaluations and reports relating to the employee's character, credit, work habits, compensation and benefits and nonprivileged medical records or nurses' station notes relating to the employee which the employer has in his possession. Any employer who, following a request pursuant to this section, without good cause fails to provide an opportunity for review of a personnel file, within 10 days of receipt of that request, shall be subject to a civil penalty of $25 for each day that such a failure continues. The total penalty may not exceed $500. 1975, c. 604, § 2; 1979, c. 66, § 1, 2. 1979 Amendment. Chapter 66 inserted "and nonprivileged medical records or nurses' station notes relating to the employee" in 4th sentence and added 5th and 6th sentences. Library References AN ACT CONCERNING ACCESSIBILITY OF PERSONNEL PILES TO EMPLOYEES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) As used in this act: (1) "Employee" means any individual employed includes or formerly employed by an employer and individuals in managerial positions; (2) "Employer" Beans an individual, corporation, partnership or unincorporated; association; (3) "Personnel file" means papers, documents and reports pertaining to a particular employee which are used or have been used by an employer to determine such employee's ●ligibility for employment, promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action including formal or informal employee evaluations or reports relating to such employee's character, credit and work habits. "Personnel file" does not Bean medical records, letters of reference or recommendations from third parties including former employers, records concerning any employee which relate to an investigation, arrest or conviction of conduct which constitutes a violation of state or federal criminal laws or documents which are being developed or prepared for use in civil, criminal or grievance procedures; (4) "Medical records" Beans all papers, documents and reports prepared by a physician, psychiatrist or psychologist that are in the possession of an employer and are work-related or upon which such employer relies to make any employment-related decision. • Sec. 2. (NEW) Each employer shall, within a reasonable time after receipt of a written request from an employee permit such employee to inspect his personnel file if such a file exists. Such inspection shall take place during regular business hours at the place where such file is kept. Each employer who has personnel files shall be required to keep any personnel file pertaining a particular employee for at least one year after the termination employment. to of such employee's Sec. 3. (NEW) Each employer shall, within a reasonable time after receipt of a written request from an employee, permit an inspection of medical records pertaining to such employee which may be in such employer's possession. Such inspection shall take place during regular business hours at the place where such records are kept and shall be made by a physician chosen by such employee or by a physician chosen by the employer with such employee's consent. Each employer who has medical CONNECTICUT records shall be required to keep any medical records pertaining to a particular employee for at least one year after the termination of such employee's employment. Medical records, if kept by an employer, shall be kept separately and not as part of any personnel file. Sec. 4. (NEW) Nothing in this act shall be construed as a requirement that an employee be permitted to remove his personnel file or any part of such file from the place од the employer's preaises where it is Bade available for inspection. Each employer shall retain the right to protect his files from loss, damage alteration to insure the integrity of the files. Each employer may require that inspection of any personnel file take place in the presence of designated official. Sec. 5. (NEW) If upon inspection of his personnel file or medical records an employee disagrees with any of the information contained in such file or records, removal ΟΙ correction of such information may be agreed upon by such employee and his employer, If such employee and employer cannot agree upon such renoval or correction then such employee may submit a written statement explaining his position. Such statement shall be maintained as part of such employee's personnel file or medical records and shall accompany any transmittal or disclosure from such file or records made to a third party. Sec. 6. (NEW) No information contained in the personnel file ΟΙ medical records of any employee shall be disclosed by an employer to any person or entity without the written authorization of such employee except where such disclosure is made pursuant to a lawfully issued subpoena. Where such disclosure involves medical records the employer shall inform the concerned employee of his right of inspection and correction, his right to withhold authorization, except 'for a disclosure nade pursuant to a lawfully issued subpoena, and the effect of disclosure ог nondisclosure upon such employee. Sec. 7. (NEW) Bach employer shall, within reasonable time after receipt of a written request from an employee, provide such employee with a copy of all or part of his personnel file ΟΙ provide such employee's physician with a copy of such employee's medical records, provided such request reasonably identifies the materials to be copied. Such employer may charge a fee for copying such file or records or any part of such file or records. Such fee shall be reasonably related to the cost of supplying the requested documents. Sec. 8. (NEW) No employer shall be required to permit an inspection of any employee's personnel file or medical records on more than two Occasions in any calendar year. Sec. 9. This act shall take effect January 1, 1981. Approved May 24, 1979. Compiled Laws of Michigan Volume 20 BULLARD-PLAWECKI EMPLOYEE RIGHT TO KNOW ACT [NEW] Caption editorially supplied P.A.1978, No. 387, Eff. Jan. 1, 1979 AN ACT to permit employees to review personnel records; to provide eriteria for the review; to prescribe the Information which may be comtained in personnel records; and to provide penalties. The People of the State of Michigan onect: 423.501 Short title; definitions Sec. 1. (1) This act shall be known and may be cited as the "Bullard-Plawecki employee right to know act". (2) As used in this act: (a) "Employee" means a person currently employed or formerly employed by an employer. (b) "Employer" means an individual, corporation, partnership, labor organization, unincorporated association, the state, or an agency or a political subdivision of the state, or any other legal, business, or commercial entity which has 4 or more employees and includes an agent of the employer. (c) "Personnel record" means a record kept by the employer that identifies the 'employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. A personnel record shall include a record in the possession of a person, corporation, partnership, or other association who has a contractual agreement with the employer to keep or supply a personnel record as provided in this subdivision. A personnel record shall not Include: (1) Employee references supplied to an employer if the identity of the person 'making the reference would be disclosed. (11) Materials relating to the employer's staff planning with respect to more than 1 employee, including salary increases, management bonus plans, promotions, and Job assignments. (III) Medical reports and records made or obtained by the employer if the records or reports are available to the employee from the doctor or medical facility involved. (iv) Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy. (v) Information that is kept separately from other records and that relates to an investigation by the employer pursuant to section 9,1 (vi) Records limited to grievance Investigations which are kept separately and are not used for the purposes provided in this subdivision. (vil) Records maintained by an educational institution which are directly related to a student and are considered to be education records under'section 513(a) of title of the family educational rights and privacy act of 1974, 20 U.S.C. 1232g. (vill) Records kept by an executive, administrative, or professional employee that are kept in the sole possession of the maker of the record, and are not accessible or shared with other persons. However, a record concerning an occurrence or fact about an employee kept pursuant to this subparagraph may be entered into a personnel record if entered not more than 6 months after the date of the occurrence or the date the fact becomes known. 423.502 Information not included in personnel record; use in judicial or quasiJudicial proceeding Sec. 2. Personnel record information which was not included in the personnel record but should have been as required by this act shall not be used by an employer in a Judicial or quasi-judicial proceeding. However, personnel record Information which, in the opinion of the judge in a Judicial proceeding or in the opinion of the hearing officer in a quasi-Judicial proceeding, was not intentionally excluded in the personnel record, may be used by the employer in the Judicial or quasi-judicial proceeding, if the employee agrees or if the employee has been given |