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?'

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

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


**Regulation:** 40 CFR 262.40

**Regulator / programme:** EPA (RCRA)

**Record type:** a copy of each Biennial Report and Exception Report

**Retention period:** a period of at least three years

**When the clock starts:** from the due date of the report

**Who it binds:** a generator

**Exceptions and notes:** the periods of retention are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator

> ( b ) A generator must keep a copy of each Biennial Report and Exception Report for a period of at least three years from the due date of the report.

Source: <https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-262/subpart-D/section-262.40>

a copy of each Biennial Report and Exception Report — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 40 CFR 262.40

**Regulator / programme:** EPA (RCRA)

**Record type:** a copy of each manifest signed in accordance with § 262.23(a)

**Retention period:** for three years or until he receives a signed copy from the designated facility which received the waste

**Who it binds:** a generator

**Exceptions and notes:** the 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 ) A generator must keep a copy of each manifest signed in accordance with <https://www.ecfr.gov/current/title-40/section-262.23#p-262.23(a)> § 262.23(a) for three years or until he receives a signed copy from the designated facility which received the waste. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter.

Source: <https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-262/subpart-D/section-262.40>

a copy of each manifest signed in accordance with § 262.23(a) — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 29 CFR 1602.14

**Regulator / programme:** EEOC

**Record type:** all personnel records relevant to the charge or action

**Retention period:** until final disposition of the charge or the action

**When the clock starts:** where a charge of discrimination has been filed, or an action brought by the Commission or the Attorney General

**Who it binds:** the respondent employer

**Exceptions and notes:** the 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

> Where a charge of discrimination has been filed, or an action brought by the Commission or the Attorney General, against an employer under title VII, the ADA, or GINA, the respondent employer shall preserve all personnel records relevant to the charge or action until final disposition of the charge or the action.

Source: <https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1602/subpart-C/section-1602.14>

all personnel records relevant to the charge or action — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 29 CFR 1910.1020

**Regulator / programme:** OSHA

**Record type:** analyses using exposure or medical records

**Retention period:** at least thirty (30) years

**Who it binds:** each employer

> ( iii ) Analyses using exposure or medical records. Each analysis using exposure or medial records shall be preserved and maintained for at least thirty (30) years.

Source: <https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1910/subpart-Z/section-1910.1020>

analyses using exposure or medical records — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 29 CFR 1602.14

**Regulator / programme:** EEOC

**Record type:** any personnel or employment record made or kept by an employer

**Retention period:** a period of one year

**When the clock starts:** from the date of the making of the record or the personnel action involved, whichever occurs later

**Who it binds:** the employer

**Exceptions and notes:** where 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 personnel or employment record made or kept by an employer (including but not necessarily limited to requests for reasonable accommodation, application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, lay-off or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship) shall be preserved by the employer for a period of one year from the date of the making of the record or the personnel action involved, whichever occurs later.

Source: <https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1602/subpart-C/section-1602.14>

any personnel or employment record made or kept by an employer — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 21 CFR 211.180

**Regulator / programme:** FDA (drug GMP)

**Record type:** 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 product

**Retention period:** at least 1 year after the expiration date of the batch

**When the clock starts:** the expiration date of the batch

**Exceptions and notes:** in 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

> ( a ) 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 product shall be retained for at least 1 year after the expiration date of the batch or, in the case of certain OTC drug products lacking expiration dating because they meet the criteria for exemption under <https://www.ecfr.gov/current/title-21/section-211.137> § 211.137 , <https://www.ecfr.gov/current/title-21/section-3> 3 years after distribution of the batch.

Source: <https://www.ecfr.gov/current/title-21/chapter-I/subchapter-C/part-211/subpart-J/section-211.180>

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


**Regulation:** 29 CFR 1910.1020

**Regulator / programme:** OSHA

**Record type:** background data to environmental (workplace) monitoring or measuring, such as laboratory reports and worksheets

**Retention period:** one (1) year

**Who it binds:** each employer

**Exceptions and notes:** only 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

> Background data to environmental (workplace) monitoring or measuring, such as laboratory reports and worksheets, need only be retained for one (1) year as long as the sampling results, the collection methodology (sampling plan), a description of the analytical and mathematical methods used, and a summary of other background data relevant to interpretation of the results obtained, are retained for at least thirty (30) years

Source: <https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1910/subpart-Z/section-1910.1020>

background data to environmental (workplace) monitoring or measuring, such as laboratory reports and worksheets — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 29 CFR Part 516

**Regulator / programme:** DOL Wage and Hour (FLSA)

**Record type:** basic employment and earnings records

**Retention period:** at least 2 years

**When the clock starts:** from the date of last entry

**Who it binds:** each employer required to maintain records under this part

> ( a ) Supplementary basic records: Each employer required to maintain records under this part shall preserve for a period of at least 2 years. ( 1 ) Basic employment and earnings records. From the date of last entry, all basic time and earning cards or sheets on which are entered the daily starting and stopping time of individual employees, or of separate work forces, or the amounts of work accomplished by individual employees on a daily, weekly, or pay period basis (for example, units produced) when those amounts determine in whole or in part the pay period earnings or wages of those employees.

Source: <https://www.ecfr.gov/current/title-29/part-516>

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


**Regulation:** 29 CFR Part 516

**Regulator / programme:** DOL Wage and Hour (FLSA)

**Record type:** certificates, agreements, plans, notices, etc.

**Retention period:** at least 3 years

**When the clock starts:** from their last effective date

**Who it binds:** each employer

> Each employer shall preserve for at least 3 years: ( a ) Payroll records. From the last date of entry, all payroll or other records containing the employee information and data required under any of the applicable sections of this part, and ( b ) Certificates, agreements, plans, notices, etc. From their last effective date, all written:

Source: <https://www.ecfr.gov/current/title-29/part-516>

certificates, agreements, plans, notices, etc. — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 49 CFR 391.51

**Regulator / programme:** FMCSA

**Record type:** driver's qualification file

**Retention period:** for as long as a driver is employed by that motor carrier and for three years thereafter

**Who it binds:** each motor carrier

**Exceptions and notes:** certain 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

> ( c ) Except as provided in <https://www.ecfr.gov/current/title-49/section-391.51#p-391.51(d)> paragraph (d) of this section, each driver's qualification file shall be retained for as long as a driver is employed by that motor carrier and for three years thereafter.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-F/section-391.51>

driver's qualification file — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 29 CFR 1910.1020

**Regulator / programme:** OSHA

**Record type:** employee exposure records

**Retention period:** at least thirty (30) years

**Who it binds:** each employer

**Exceptions and notes:** background 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

> Each employee exposure record shall be preserved and maintained for at least thirty (30) years, except that:

Source: <https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1910/subpart-Z/section-1910.1020>

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


**Regulation:** 29 CFR 1910.1020

**Regulator / programme:** OSHA

**Record type:** employee medical records

**Retention period:** at least the duration of employment plus thirty (30) years

**Who it binds:** each employer

**Exceptions and notes:** health 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

> ( 1 ) Unless a specific occupational safety and health standard provides a different period of time, each employer shall assure the preservation and retention of records as follows: ( i ) Employee medical records. The medical record for each employee shall be preserved and maintained for at least the duration of employment plus thirty (30) years, except that the following types of records need not be retained for any specified period:

Source: <https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1910/subpart-Z/section-1910.1020>

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


**Regulation:** 29 CFR Part 516

**Regulator / programme:** DOL Wage and Hour (FLSA)

**Record type:** order, shipping, and billing records

**Retention period:** at least 2 years

**When the clock starts:** from the last date of entry

**Who it binds:** each employer required to maintain records under this part

**Exceptions and notes:** not including individual sales slips, cash register tapes or the like

> ( a ) Supplementary basic records: Each employer required to maintain records under this part shall preserve for a period of at least 2 years. ( 1 ) Basic employment and earnings records. From the date of last entry, all basic time and earning cards or sheets on which are entered the daily starting and stopping time of individual employees, or of separate work forces, or the amounts of work accomplished by individual employees on a daily, weekly, or pay period basis (for example, units produced) when those amounts determine in whole or in part the pay period earnings or wages of those employees. ( 2 ) Wage rate tables. From their last effective date, all tables or schedules of the employer which provide the piece rates or other rates used in computing straight-time earnings, wages, or salary, or overtime pay computation. ( b ) Order, shipping, and billing records: From the last date of entry, the originals or true copies of all customer orders or invoices received, incoming or outgoing shipping or delivery records, as well as all bills of lading and all billings to customers (not including individual sales slips, cash register tapes or the like) which the employer retains or makes in the usual course of business operations.

Source: <https://www.ecfr.gov/current/title-29/part-516>

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


**Regulation:** 29 CFR 1904.33

**Regulator / programme:** OSHA

**Record type:** OSHA 300 Log, the privacy case list (if one exists), the annual summary, and the OSHA 301 Incident Report forms

**Retention period:** five (5) years

**When the clock starts:** following the end of the calendar year that these records cover

**Exceptions and notes:** during 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

> You must save the OSHA 300 Log, the privacy case list (if one exists), the annual summary, and the OSHA 301 Incident Report forms for five (5) years following the end of the calendar year that these records cover.

Source: <https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1904/subpart-D/section-1904.33>

OSHA 300 Log, the privacy case list (if one exists), the annual summary, and the OSHA 301 Incident Report forms — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 29 CFR Part 516

**Regulator / programme:** DOL Wage and Hour (FLSA)

**Record type:** payroll records

**Retention period:** at least 3 years

**When the clock starts:** from the last date of entry

**Who it binds:** each employer

> Each employer shall preserve for at least 3 years: ( a ) Payroll records. From the last date of entry, all payroll or other records containing the employee information and data required under any of the applicable sections of this part

Source: <https://www.ecfr.gov/current/title-29/part-516>

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


**Regulation:** 45 CFR 164.316

**Regulator / programme:** HHS (HIPAA)

**Record type:** policies and procedures implemented to comply with this subpart, and written records of required actions, activities, or assessments

**Retention period:** 6 years

**When the clock starts:** from the date of its creation or the date when it last was in effect, whichever is later

**Who it binds:** a covered entity or business associate

**Exceptions and notes:** documentation must be reviewed periodically and updated as needed in response to environmental or operational changes affecting the security of the electronic protected health information

> ( i ) Maintain the policies and procedures implemented to comply with this subpart in written (which may be electronic) form; and ( ii ) If an action, activity or assessment is required by this subpart to be documented, maintain a written (which may be electronic) record of the action, activity, or assessment. ( 2 ) Implementation specifications: ( i ) Time limit (Required). Retain the documentation required by <https://www.ecfr.gov/current/title-45/section-164.316#p-164.316(b)(1)> paragraph (b)(1) of this section for 6 years from the date of its creation or the date when it last was in effect, whichever is later.

Source: <https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-C/section-164.316>

policies and procedures implemented to comply with this subpart, and written records of required actions, activities, or assessments — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 21 CFR 211.180

**Regulator / programme:** FDA (drug GMP)

**Record type:** records for all components, drug product containers, closures, and labeling

**Retention period:** at least 1 year after the expiration date

**When the clock starts:** the expiration date

**Exceptions and notes:** in 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

> ( b ) Records shall be maintained for all components, drug product containers, closures, and labeling for at least 1 year after the expiration date or, in the case of certain OTC drug products lacking expiration dating because they meet the criteria for exemption under <https://www.ecfr.gov/current/title-21/section-211.137> § 211.137 , <https://www.ecfr.gov/current/title-21/section-3> 3 years after distribution of the last lot of drug product incorporating the component or using the container, closure, or labeling.

Source: <https://www.ecfr.gov/current/title-21/chapter-I/subchapter-C/part-211/subpart-J/section-211.180>

records for all components, drug product containers, closures, and labeling — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 29 CFR Part 516

**Regulator / programme:** DOL Wage and Hour (FLSA)

**Record type:** records of additions to or deductions from wages paid

**Retention period:** at least 2 years

**Who it binds:** each employer required to maintain records under this part

> ( a ) Supplementary basic records: Each employer required to maintain records under this part shall preserve for a period of at least 2 years. ( 1 ) Basic employment and earnings records. From the date of last entry, all basic time and earning cards or sheets on which are entered the daily starting and stopping time of individual employees, or of separate work forces, or the amounts of work accomplished by individual employees on a daily, weekly, or pay period basis (for example, units produced) when those amounts determine in whole or in part the pay period earnings or wages of those employees. ( 2 ) Wage rate tables. From their last effective date, all tables or schedules of the employer which provide the piece rates or other rates used in computing straight-time earnings, wages, or salary, or overtime pay computation. ( b ) Order, shipping, and billing records: From the last date of entry, the originals or true copies of all customer orders or invoices received, incoming or outgoing shipping or delivery records, as well as all bills of lading and all billings to customers (not including individual sales slips, cash register tapes or the like) which the employer retains or makes in the usual course of business operations. ( c ) Records of additions to or deductions from wages paid:

Source: <https://www.ecfr.gov/current/title-29/part-516>

records of additions to or deductions from wages paid — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 29 CFR Part 516

**Regulator / programme:** DOL Wage and Hour (FLSA)

**Record type:** sales and purchase records

**Retention period:** at least 3 years

**Who it binds:** each employer

> Each employer shall preserve for at least 3 years: ( a ) Payroll records. From the last date of entry, all payroll or other records containing the employee information and data required under any of the applicable sections of this part, and ( b ) Certificates, agreements, plans, notices, etc. From their last effective date, all written: ( 1 ) Collective bargaining agreements relied upon for the exclusion of certain costs under section 3(m) of the Act, ( 2 ) Collective bargaining agreements, under section 7(b)(1) or 7(b)(2) of the Act, and any amendments or additions thereto, ( 3 ) Plans, trusts, employment contracts, and collective bargaining agreements under section 7(e) of the Act, ( 4 ) Individual contracts or collective bargaining agreements under section 7(f) of the Act. Where such contracts or agreements are not in writing, a written memorandum summarizing the terms of each such contract or agreement, ( 5 ) Written agreements or memoranda summarizing the terms of oral agreements or understandings under section 7(g) or 7(j) of the Act, and ( 6 ) Certificates and notices listed or named in any applicable section of this part. ( c ) Sales and purchase records. A record of ( 1 ) total dollar volume of sales or business, and ( 2 ) total volume of goods purchased or received during such periods (weekly, monthly, quarterly, etc.), in such form as the employer maintains records in the ordinary course of business.

Source: <https://www.ecfr.gov/current/title-29/part-516>

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


**Regulation:** 49 CFR 391.51

**Regulator / programme:** FMCSA

**Record type:** 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 Examiners

**Retention period:** may be removed from a driver's qualification file three years after the date of execution

**When the clock starts:** the date of execution

**Who it binds:** each motor carrier

> ( d ) The following records may be removed from a driver's qualification file three years after the date of execution:

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-F/section-391.51>

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


**Regulation:** 29 CFR 1602.14

**Regulator / programme:** EEOC

**Record type:** the personnel records of the individual terminated

**Retention period:** a period of one year

**When the clock starts:** from the date of termination

**Who it binds:** the employer, in the case of involuntary termination of an employee

> In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of one year from the date of termination.

Source: <https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1602/subpart-C/section-1602.14>

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


**Regulation:** 29 CFR 825.500

**Regulator / programme:** DOL Wage and Hour (FMLA)

**Record type:** the records specified by these regulations

**Retention period:** no less than three years

**Who it binds:** employers

**Exceptions and notes:** records 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

> However, employers must keep the records specified by these regulations for no less than three years and make them available for inspection, copying, and transcription by representatives of the Department of Labor upon request.

Source: <https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-E/section-825.500>

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


**Regulation:** 40 CFR 262.40

**Regulator / programme:** EPA (RCRA)

**Record type:** the signed copy of each manifest received from the designated facility

**Retention period:** at least three years

**When the clock starts:** from the date the waste was accepted by the initial transporter

**Who it binds:** a generator

**Exceptions and notes:** the periods of retention are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator

> This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter.

Source: <https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-262/subpart-D/section-262.40>

the signed copy of each manifest received from the designated facility — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind


**Regulation:** 29 CFR Part 516

**Regulator / programme:** DOL Wage and Hour (FLSA)

**Record type:** wage rate tables

**Retention period:** at least 2 years

**When the clock starts:** from their last effective date

**Who it binds:** each employer required to maintain records under this part

> ( a ) Supplementary basic records: Each employer required to maintain records under this part shall preserve for a period of at least 2 years. ( 1 ) Basic employment and earnings records. From the date of last entry, all basic time and earning cards or sheets on which are entered the daily starting and stopping time of individual employees, or of separate work forces, or the amounts of work accomplished by individual employees on a daily, weekly, or pay period basis (for example, units produced) when those amounts determine in whole or in part the pay period earnings or wages of those employees. ( 2 ) Wage rate tables. From their last effective date, all tables or schedules of the employer which provide the piece rates or other rates used in computing straight-time earnings, wages, or salary, or overtime pay computation.

Source: <https://www.ecfr.gov/current/title-29/part-516>

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