OHIO - access to employee files

jmorr

I need help, can you tell me if there is a statute in Ohio regarding a FORMER employee's right to access their employee file?

we are a NY headquartered, public company with employees residing in Ohio.

would like to know if we are required to permit the former employee access to their file.

thanks,

j

Sharon McKnight SPHR

jmorr,

Your first post! Welcome to the Forum. :welcome:

Sharon

Regarding your question, former employees have the same rights to see their personnel files as current employees in both the private and public sectors in Ohio.

In the private sector, employers must allow an employee to review any medical report arising out of any injury or disease related to the employee’s employment and pertaining to him or her. The employer may require the employee to pay up to 25 cents per page to cover the furnishing of the reports. Ohio Rev. Code § 4113.23.

In the public sector, employers must maintain accurate records of public employee exposure to potentially toxic materials, carcinogenic materials, and harmful physical agents. Public employees and their representatives are allowed an opportunity to observe the monitoring or measuring and to have access on request to the records thereof. Each current or former public employee must have access to the records that indicate their own exposure to toxic materials, carcinogenic materials, or harmful agents. Ohio Rev. Code § 4167.11.

Hope this helps!