Reference Source

How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind

The retention period each federal regulation attaches to a record type, with the trigger that starts the clock — which is where the confusion lives. OSHA employee exposure records: at least 30 years (29 CFR 1910.1020); OSHA medical records: duration of employment plus 30 years, from the same section; the OSHA 300 injury log: 5 years following the end of the covered calendar year (29 CFR 1904.33); FLSA payroll records: 3 years, but the records wage computations are based on: 2 years (29 CFR 516); HIPAA compliance documentation: 6 years from creation or last effective date, whichever is later (45 CFR 164.316); FMLA records: no less than 3 years (29 CFR 825.500); EEOC personnel records: 1 year, extended if a charge is filed (29 CFR 1602.14); driver qualification files: employment plus 3 years (49 CFR 391.51); hazardous waste manifests: 3 years from shipment acceptance (40 CFR 262.40); drug GMP batch records: 1 year past expiration date (21 CFR 211.180). Answers 'how long do I have to keep payroll records?', 'when can I destroy old employee medical records?', 'how long must a motor carrier keep a driver qualification file after the driver leaves?'

Records24
Sources9
Verified
Review by
LicenceAll sources are eCFR (US government work, public domain). We take facts plus short attributed quotes linking back.

The data

Record typeRegulationRegulator / programmeRetention periodWhen the clock startsWho it bindsExceptions and notes
a copy of each Biennial Report and Exception Report40 CFR 262.40EPA (RCRA)a period of at least three yearsfrom the due date of the reporta generatorthe periods of retention are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator
a copy of each manifest signed in accordance with § 262.23(a)40 CFR 262.40EPA (RCRA)for three years or until he receives a signed copy from the designated facility which received the wastea generatorthe periods of retention are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator
all personnel records relevant to the charge or action29 CFR 1602.14EEOCuntil final disposition of the charge or the actionwhere a charge of discrimination has been filed, or an action brought by the Commission or the Attorney Generalthe respondent employerthe date of final disposition means the date of expiration of the statutory period within which the aggrieved person may bring an action in a U.S. District Court or, where an action is brought, the date on which such litigation is terminated
analyses using exposure or medical records29 CFR 1910.1020OSHAat least thirty (30) yearseach employer
any personnel or employment record made or kept by an employer29 CFR 1602.14EEOCa period of one yearfrom the date of the making of the record or the personnel action involved, whichever occurs laterthe employerwhere a charge of discrimination has been filed, or an action brought by the Commission or the Attorney General, all personnel records relevant to the charge or action must be preserved until final disposition of the charge or the action
any production, control, or distribution record that is required to be maintained in compliance with this part and is specifically associated with a batch of a drug product21 CFR 211.180FDA (drug GMP)at least 1 year after the expiration date of the batchthe expiration date of the batchin the case of certain OTC drug products lacking expiration dating because they meet the criteria for exemption under § 211.137, 3 years after distribution of the batch
background data to environmental (workplace) monitoring or measuring, such as laboratory reports and worksheets29 CFR 1910.1020OSHAone (1) yeareach employeronly if the sampling results, the collection methodology (sampling plan), a description of the analytical and mathematical methods used, and a summary of other relevant background data are retained for at least thirty (30) years
basic employment and earnings records29 CFR Part 516DOL Wage and Hour (FLSA)at least 2 yearsfrom the date of last entryeach employer required to maintain records under this part
certificates, agreements, plans, notices, etc.29 CFR Part 516DOL Wage and Hour (FLSA)at least 3 yearsfrom their last effective dateeach employer
driver's qualification file49 CFR 391.51FMCSAfor as long as a driver is employed by that motor carrier and for three years thereaftereach motor carriercertain records — annual motor vehicle records, annual review notes, medical examiner's certificates, medical variances, and National Registry verification notes — may be removed from the file three years after the date of execution
employee exposure records29 CFR 1910.1020OSHAat least thirty (30) yearseach employerbackground data to environmental monitoring need only be retained for one (1) year where summary data are kept 30 years; material safety data sheets need not be retained where a record of substance identity, where and when used, is kept 30 years
employee medical records29 CFR 1910.1020OSHAat least the duration of employment plus thirty (30) yearseach employerhealth insurance claims records maintained separately, certain first aid records, and medical records of employees who have worked for less than (1) year (if provided to the employee at termination) need not be retained; chest X-ray films shall be preserved in their original state
order, shipping, and billing records29 CFR Part 516DOL Wage and Hour (FLSA)at least 2 yearsfrom the last date of entryeach employer required to maintain records under this partnot including individual sales slips, cash register tapes or the like
OSHA 300 Log, the privacy case list (if one exists), the annual summary, and the OSHA 301 Incident Report forms29 CFR 1904.33OSHAfive (5) yearsfollowing the end of the calendar year that these records coverduring the storage period stored OSHA 300 Logs must be updated to include newly discovered recordable injuries or illnesses and classification changes; the annual summary and OSHA 301 Incident Reports need not be updated
payroll records29 CFR Part 516DOL Wage and Hour (FLSA)at least 3 yearsfrom the last date of entryeach employer
policies and procedures implemented to comply with this subpart, and written records of required actions, activities, or assessments45 CFR 164.316HHS (HIPAA)6 yearsfrom the date of its creation or the date when it last was in effect, whichever is latera covered entity or business associatedocumentation must be reviewed periodically and updated as needed in response to environmental or operational changes affecting the security of the electronic protected health information
records for all components, drug product containers, closures, and labeling21 CFR 211.180FDA (drug GMP)at least 1 year after the expiration datethe expiration datein the case of certain OTC drug products lacking expiration dating because they meet the criteria for exemption under § 211.137, 3 years after distribution of the last lot of drug product incorporating the component or using the container, closure, or labeling
records of additions to or deductions from wages paid29 CFR Part 516DOL Wage and Hour (FLSA)at least 2 yearseach employer required to maintain records under this part
sales and purchase records29 CFR Part 516DOL Wage and Hour (FLSA)at least 3 yearseach employer
the motor vehicle record received from each driver's licensing authority to the annual driver record inquiry, the note relating to the annual review of the driver's driving record, the medical examiner's certificate, any medical variance issued by FMCSA, and the note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners49 CFR 391.51FMCSAmay be removed from a driver's qualification file three years after the date of executionthe date of executioneach motor carrier
the personnel records of the individual terminated29 CFR 1602.14EEOCa period of one yearfrom the date of terminationthe employer, in the case of involuntary termination of an employee
the records specified by these regulations29 CFR 825.500DOL Wage and Hour (FMLA)no less than three yearsemployersrecords relating to certifications, recertifications or medical histories of employees or employees' family members, created for purposes of FMLA, shall be maintained as confidential medical records in separate files/records from the usual personnel files
the signed copy of each manifest received from the designated facility40 CFR 262.40EPA (RCRA)at least three yearsfrom the date the waste was accepted by the initial transportera generatorthe periods of retention are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator
wage rate tables29 CFR Part 516DOL Wage and Hour (FLSA)at least 2 yearsfrom their last effective dateeach employer required to maintain records under this part

Where this came from

Every record above links the page it was taken from and quotes the sentence that states it. These are the 9 sources this dataset was assembled from.

Machine-readable

24 records. last verified against source . due for re-check by .

Licence. All sources are eCFR (US government work, public domain). We take facts plus short attributed quotes linking back.