Chapter 276
AN ACT
HB 2254
Relating to personnel records; creating new provisions; and amending
ORS 652.750 and 652.900.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 652.750 is amended to read:
652.750. (1) As used in
this section:
(a) “Employer” has the
meaning [for that term provided] given
that term in ORS 656.005.
(b) “Personnel records”
[do] does 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] Within 45 days after receipt of
the request of an employee, the employer shall provide reasonable opportunity
for the employee to inspect, at the place of employment or place of work
assignment, [those] the
personnel records of the employee [which]
that are used or have been used to determine the employee’s qualification
for employment, promotion, additional compensation or employment termination or
other disciplinary action. [At] Within
45 days after receipt of the request of the employee, the employer shall
furnish a certified copy of [such] the
records.
(3) Upon termination of
employment, the employer shall keep the terminated employee’s personnel records
for not less than 60 days. [At the
request of the employee,] The terminated employee may request a
certified copy of the records within the 60-day period or at any time thereafter
if the employer has [retained] the
records at the time of the request[,].
Within 45 days after receipt of the request, the employer shall furnish a
certified copy of [such] the
records.
(4) Notwithstanding
the time periods described in subsections (2) and (3) of this section, if the
employee’s personnel records are not readily available, the employer and the
employee may agree to extend the time within which the employer must provide
the employee reasonable opportunity to inspect the records or furnish the
employee a certified copy of the records.
[(4)] (5) An employer may [make only such] charge an employee for the services referred
to in subsections (2) and (3) of this section [as] only an amount that is reasonably calculated to recover
the actual cost of providing the [service]
services.
SECTION 2.
ORS 652.900 is amended to read:
652.900. (1) In addition
to any other penalty provided by law, the Commissioner of the Bureau of Labor
and Industries may assess a civil penalty not to exceed $1,000 against any
person who violates ORS 652.020, 652.140, [or] 652.145 or 652.750 or any rule adopted [pursuant thereto] under those
statutes.
(2) Civil penalties
under this section shall be imposed as provided in ORS 183.745.
(3) All penalties
recovered under this section shall be paid into the State Treasury and credited
to the General Fund and are available for general governmental expenses.
SECTION 3. The
amendments to ORS 652.750 and 652.900 by sections 1 and 2 of this 2007 Act
apply to requests made on or after the effective date of this 2007 Act.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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