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 PERSONNEL RECORDS 652.750 Inspection of records by employe; furnishing copy to employe; disposition of record on termination of employment; charge for copies. (1) As used in this section: (a) "Employer" has the meaning for that term provided in ORS 656.005. (b) "Personnel records" do not include records of an individual relating to the conviction, arrest or investigation of conduct constituting a violation of the criminal laws of this state or another state or the United States, confidential reports from previous employers or records maintained in compliance with ORS 351.065. (2) At the request of an employe, his employer shall provide reasonable opportunity for the employe to inspect, at the place of his employment or place of work assignment, those personnel records of the employe which are used or have been used to determine the employe's qualification for employment, promotion, additional compensation or em ployment termination or other disciplinary action. At the request of the employe, his employer shall furnish a certified copy of such records. (3) Upon termination of employment, the employer shall keep the terminated employe's personnel records for not less than 60 days. At the request of the employe, the employer shall furnish a certified copy of such records within the 60-day period. (4) An employer may make only such charge for the services referred to in subsections (2) and (3) of this section as is reasonably calculated to recover the actual cost of providing the service. (1977 c.861 $2] K16) "Employer" means any person, including receiver, administrator, executor or trustee, and the state, state agencies, counties, municipal corporations, school districts and other public corporations or political subdivisions, who contracts to pay a remuneration for and secures the right to direct and control the services of any person. The following words and phrases when used in this act shall have, un- "Employee." Any person currently employed, laid off with reemploy- "Personnel file." If maintained by the employer, any application for 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 the requesting employee to inspect such records on the free time of the 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- The Bureau of Labor Standards of the Department of Labor and In- 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 (A) No employer or physician, other health (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. |