MICHIGAN

a reasonable time to review the information. Material which should have bagn included in the personnel record shall be used at the request of the employee. P.A.1978, No. 897, § 2, Eff. Jan. 1, 1979.

423.503 Review of personnel record upon written request by employee

Bec. 3. An employer, upon written request which describes the personnel record, shall provide the employee with an opportunity to periodically review at reasonable intervals, generally not more than 2 times in a calendar year or as otherwise provided by law or a collective bargaining agreement, the employee's personnel record If the employer has a personnel record for that employee. The review shall take place at a location reasonably near the employee's place of employment and during normal office hours. If a review during normal office hours would require an employee to take time off from work with that employer, then the employer shall provide some other reasonable time for the review. The employer may allow the review to take place at another time or location that would be more convenient to the employee.

P.A.1978, No. 897, § 3, Eff. Jan. 1, 1979.

423.504 Copy of Information in personnel record; fee; copy of personnel record to employee unable to review at employing unit

Sec. 4. After the review provided in section 3,1 an employee may obtain a copy of the information or part of the information contained in the employee's personnel record. An employer may charge a fee for providing a copy of information contained in the personnel record. The fee shall be limited to the actual incremental cost of duplicating the information. If an employce demonstrates that he or she is unable to review his or her personnel record at the employing unit, then the employer, upon that employee's written request, shall mail a copy of the requested record to the employee.

.

P.A.1978, No. 397, § 4, Eff. Jan. 1, 1979.

Section 423.503.

423.505 Removal or correction of information; remedy for plansment of false information

Sec. 5. If there is a disagreement with information contained in a personnel record, removal or correction of that information may be mutually agreed upon by the employer and the employee. If an agreement is not reached, the employee may submit a written statement explaining the employee's position. The statement shall not exceed 5 sheets of 812-Inch by 11-inch paper and shall be included when the Information is divulged to a third party and as long as the original information is a part of the file. If either the employer or employee knowingly places in the personnel record information which is false, then the employer or employee, whichever is appropriate, shall have remedy through legal action to have that information expunged.

P.A.1978, No. 397, § 5, Eff. Jan. 1, 1979.

423.506 Disclosure of disciplinary report, letter of reprimand or other disciplinary action to third party; written notice to employee; application of section

Sec. 6. (1) An employer or former employer shall not divulge a disciplinary report, letter of reprimand, or other disciplinary action to a third party, to a party who is not a part of the employer's organization, or to a party who is not a part of a labor organization representing the employee, without written notice as provided in this section.

(2) The written notice to the employee shall be by first-class mail to the employee's last known address, and shall be mailed on or before the day the information is divulged from the personnel record.

(3) This section shall not apply if any of the following occur:

*** (a) The employee has specifically walved written notice as part of a written, signed employment application with another employer.

(b) The disclosure is ordered in a legal action or arbitration to a party in that legal action or arbitration.

、

(c) Information is requested by a government agency as a result of a claim or complaint by an employee.

P.A.1978, No. 397, § 6, Eff. Jan. 1, 1979. J

MICHIGAN

423.507 Review of personnel record by employer before releasing information to third party; deletion of certain Information

Sec. 7. An employer shall review a personnel record before releasing information to a third party and, except when the release is ordered in a legal action or arbitration to a party in that legal action or arbitration, delete disciplinary reports, letters of reprimand, or other records of disciplinary action which are more than 4 years old.

P.A.1978, No. 397, § 7, Eff. Jan. 1, 1979.

423.508 Keeping record of employee's nonemployment activities prohibited, exception; part of personnel record

Sec. 8. (1) An employer shall not gather or keep a record of an employee's associations, political activities, publications, or communications of nonemployment activities, except if the information is submitted in writing by or authorized to be kept or gathered, in writing, by the employee to the employer. This prohibition on records shall not apply to the activities that occur on the employer's premises or during the employee's working hours with that employer that interfere with the performance of the employee's duties or duties of other employces,

(2) A record which is kept by the employer as permitted under this section shall be part of the personnel record.

P.A.1978, No. 397, § 8, Eff. Jan. 1, 1979.

423.500 Record of investigation of criminal activity of employee which may result In loss or damage to employer's property; record of criminal justice ageney involved in investigation of criminal activity of employee

Sec. 9. (1) If an employer has reasonable cause to believe that an employee is engaged in criminal activity which may result in loss or damage to the employer's property or disruption of the employer's business operation, and the employer is ongaged in an investigation, then the employer may keep a separate file of information relating to the investigation. Upon completion of the investigation or after 2 years, whichever comes first, the employee shall be notified that an investiga. tion was or is being conducted of the suspected criminal activity described in this section. Upon completion of the Investigation, if disciplinary action is not taken, the investigative file and all, copies of the material in it shall be destroyed.

(2) If the employer is a criminal justice agency which is involved in the investigation of an alleged criminal activity or the violation of an agency rule by the em ployee, the employer shall maintain a separate confidential file of information relating to the investigation. Upon completion of the investigation, if disciplinary action is not taken, the employee shall be notified that an investigation was conducted. If the investigation reveals that the allegations are unfounded, unsubstantiated, or disciplinary action is not taken, the separate file shall contain a notation of the final disposition of the investigation and Information in the file shall not be used in any future consideration for promotion, transfer, additional compensation, or disciplinary action.

P.A.1978, No. 397, § 9, Eff. Jan. 1, 1979.

423.510 Right of access to records under other laws

Sec. 10. This act shall not be construed to diminish u right of access to records as provided in Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws, or as otherwise provided by law. P.A.1978, No. 397, § 10, Eff. Jan. 1, 1979.

433.511 Violation of act; action to compel compliance; punishment, damages

Sec. 11. If an employer violates this act, an employee may commence an action In the circuit court to compel compliance with this act. The circuit court for the county in which the complainant resides, the circuit court for the county in which the complainant is employed, or the circuit court for the county in which the personnel record is maintained shall have jurisdiction to issue the order. Failure to comply with an order of the court may be punished as contempt. In addition, the court shall award an employee prevailing in an action pursuant to this act the following damages:

(a) For a violation of this act, actual damages plus costs,

(b) For a wilful and knowing violation of this act, $200.00 plus costs, reasonable attorney's fees, and actual damages.

OREGON REVISED STATUTES

The following words and phrases when used in this act shall have, un-
less the context clearly indicates otherwise, the meanings given to them
in this section:

"Employee." Any person currently employed, laid off with reemploy-
ment rights or on leave of absence. The term "employee" shall not in-
clude applicants for employment, designated agents, or any other person.
"Employer. Any individual, person, partnership, association, corpo-
ration, the Commonwealth, any of its political subdivisions or any agency,
authority, board or commission created by them.

"Personnel file." If maintained by the employer, any application for
employment, wage or salary information, notices of commendations, warn-
ing or discipline, authorization for a deduction or withholding of pay,
fringe benefit information, leave records, employment history with the
employer, including salary information, job title, dates of changes, retire-
ment record, attendance records and performance evaluations. The term
"personnel file" shall not include records of an employee relating to the
investigation of a possible criminal offense, letters of reference, docu-
ments which are being developed or prepared for use in civil, criminal or
grievance procedures, medical records or materials which are used by the
employer to plan for future operations or information available to the
employee under the Fair Credit Reporting Act (84 Stat. 1127-1136, 15
U.S.C.1681 et seq.).

1978, Nov. 26, P.L. 1313, No. 286, 1, effective in 60 days.

Title of Act:

An Act authorising an employes to incertain

files of am

ployerth, Nov. 2, P.1. 1311, No. 206.

1888. Inspection of personnel files

An employer shall, at reasonable times, upon request of an employee
permit that employee to inspect his or her own personnel files used to
determine his or her own qualifications for employment, promotion, ad-
ditional compensation, termination or disciplinary action. The employer
shall make these records available during the regular business hours of
the office where these records are usually and ordinarily maintained,
when sufficient time is available during the course of a regular business
day, to inspect the personnel files in question. The employer may require

the requesting employee to inspect such records on the free time of the
employee. At the employer's discretion, the employee may be required
to file a written form to request access to the personnel file. This form
is solely for the purpose of identifying the requesting individual to avoid
disclosure to ineligible individuals. To assist the employer in providing
the correct records to meet the employees need, the employee shall indi-
cate in his written request, either the purpose for which the inspection is
requested, or the particular parts of his personnel record which he wishes
to inspect.

1978, Nov. 26, P.L. 1212, No. 286, 42, effective in 60 days.

Nothing in this act shall be construed as a requirement that an em-
ployee be permitted to remove his personnel file, any part thereof, or copy
of the contents of such file from the place of the employer's premises
where it is made available for inspection. The taking of notes by em-
ployees is permitted. The employer shall retain the right to protect his
files from loss, damage or alteration to insure the integrity of the files.
The employer may require inspection of the personnel file in the presence
of a designated official. The employer must allow sufficient inspection
time, commensurate with the volume content of the file. Except for rea-
sonable cause the employer may limit inspection to once every calendar
1978, Nov. 26, P.L. 1213, No. 286, 3, effective in 60 days.

The Bureau of Labor Standards of the Department of Labor and In-
dustry is hereby authorized and directed to enforce the provisions of
this act, and upon a petition and hearing by either an employer or em-
ployee, to make and enforce such orders as the bureau shall deem appro-
priate to which order will provide access to said records and the oppor-
tunity for an employee to place a counter statement in his or her file
in the event an alleged error is determined by an employee in the person-
nel file. The bureau, however, shall have no authority to inspect per-
sonnel files, to investigate alleged errors detected by an employee in his
personnel file, or to attempt remedial action unless the records indicate
violations of other sections of the Pennsylvania Statutes. The employee
must avail himself of appropriate civil remedies such as grievance pro-
cedure under a union contract. Nothing in this act shall diminish any
rights to discovery granted under the rules of the court of Pennsylvania.
1978, Nov. 26, P.L. 1213, No. 286, 4, effective in 60 days.
Cross References

Department of labor and industry, ass 71 P.B.561 et seq.

MISCELLANEOUS

OHIO REVISED CODE

TITLE 41: LABOR AND INDUSTRY

✓ 4113.23 [Copy of medical report to
be furnished to employee upon request; excep-
tion.]

(A) No employer or physician, other health
care professional, hospital, or laboratory that
contracts with the employer to provide medical
information pertaining to employees shall refuse
upon written request of an employee to furnish
to the employee or former employee or their
designated representative a copy of any medical
report pertaining to the employee. The require-
ments of this section extend to any medical re-
port arising out of any physical examination by a
physician or other health care professional and
any hospital or laboratory tests which exam-
inations or tests are required by the employer as
a condition of employment or arising out of any
injury or disease related to the employee's em-
ployment. However, if a physician concludes
that presentation of all or any part of an em-
ployee's medical record directly to the employee
will result in serious medical harm to the em-
ployee, he shall so indicate on the medical rec-
ord, in which case a copy thereof shall be given
to a physician designated in writing by the
employee.

(B) The employer may require the employee to pay the cost of furnishing copies of the medical reports described in division (A) of this section but in no case shall the employer charge more than twenty-five cents for each page report.

of a

(C) As used in this section, "employer" has the same meaning as contained in the definition of that term found in section 4123.01 of the Revised Code.

(D) Any employer who refuses to furnish the reports to which an employee is entitled is guilty of a minor misdemeanor for each violation. The industrial commission shall enforce this section. HISTORY: 138 v H 80. Eff 10-26-79.