(a) The following records shall be kept for a minimum period of
three years from the date the polygraph examination is conducted (or
from the date the examination is requested if no examination is
conducted):
(1) Each employer who requests an employee to submit to a polygraph
examination in connection with an ongoing investigation involving
economic loss or injury shall retain a copy of the statement that sets
forth the specific
incident or activity under investigation and the basis for testing that
particular employee, as required by section 7(d)(4) of the Act and
described in Sec. 801.12 (a)(4) of this part.
(2) Each employer who administers a polygraph examination under the
exemption provided by section 7(f) of the Act (described in Sec. 801.13
of this part) in connection with an ongoing investigation of criminal or
other misconduct involving, or potentially involving, loss or injury to
the manufacture, distribution or dispensing of a controlled substance,
shall retain records specifically identifying the loss or injury in
question and the nature of the employee's access to the person or
property that is the subject of the investigation.
(3) Each employer who requests an employee or prospective employee
to submit to a polygraph examination pursuant to any of the exemptions
under section 7(d), (e) or (f) of the Act (described in Secs. 801.12,
801.13, and 801.14) shall retain a copy of the written statement that
sets forth the time and place of the examination and the examinee's
right to consult with counsel, as required by section 8 (b)(2)(A) of the
Act and described in Sec. 801.23(a)(1) of this part.
(4) Each employer shall identify in writing to the examiner persons
to be examined pursuant to any of the exemptions under section 7 (d),
(e) or (f) of the Act (described in Secs. 801.12, 801.13, and 801.14 of
this part), and shall retain a copy of such notice.
(5) Each employer who retains an examiner to administer examinations
pursuant to any of the exemptions under section 7 (d), (e) or (f) of the
Act (described in Secs. 801.12, 801.13, and 801.14 of this part) shall
maintain copies of all opinions, reports or other records furnished to
the employer by the examiner relating to such examinations.
(6) Each examiner retained to administer examinations to persons
identified by employers under paragraph (a)(4) of this section shall
maintain all opinions, reports, charts, written questions, lists, and
other records relating to polygraph tests of such persons. In addition,
the examiner shall maintain records of the number of examinations
conducted during each day in which one or more tests are conducted
pursuant to the Act, and, with regard to tests administered to persons
identified by their employer under paragraph (a)(4) of this section, the
duration of each test period, as defined in Sec. 801.24(b) of this part.
(b) Each employer shall keep the records required by this part safe
and accessible at the place or places of employment or at one or more
established central recordkeeping offices where employment records are
customarily maintained. If the records are maintained at a central
recordkeeping office, other than in the place or places of employment,
such records shall be made available within 72 hours following notice
from the Secretary or an authorized representative.
(c) Each examiner shall keep the records required by this part safe
and accessible at the place or places of business or at one or more
established central recordkeeping offices where examination records are
customarily maintained. If the records are maintained at a central
recordkeeping office, other than in the place or places of business,
such records shall be made available within 72 hours following notice
from the Secretary or an authorized representative.
(d) All records shall be available for inspection and copying by the
Secretary or an authorized representative. Information for which
disclosure is restricted under section 9 of the Act and Sec. 801.35 of
this part shall be made available to the Secretary or the Secretary's
representative where the examinee has designated the Secretary, in
writing, to receive such information, or by order of a court of
competent jurisdiction.
(Approved by the Office of Management and Budget under control number
1215-0170)
