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New OFCCP Directive
The Office of Federal Contract Compliance Programs (OFCCP) recently issued a directive regarding the preservation of employment and personnel records in electronic format.
Affirmative action regulations require that government contractors "preserve" any personnel or employment record for a minimum of two years (or one year for contractors with fewer than 150 employees and/or contracts under $150,000). Contractors must also permit access to their premises by the OFCCP for the purpose of reviewing records, files, and computerized records.
With this new directive, contractors may destroy original paper documents and keep them in electronic format if the following conditions are met:
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Safeguards have been put in place on the electronic storage system (backup procedures, security systems in place, etc.)
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The electronic storage system may be easily accessed by the OFCCP (during an on-site compliance evaluation, for example)
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The duplicate electronic copy accurately reproduces the original (must be legible and must constitute a substitute copy of the original under Federal law)
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It must be easy to convert the electronic copy onto paper (must be able to print the record)
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If an electronic record cannot meet these criteria, it must be kept in paper format.
This is good news for HR and especially for recruiters. The record keeping requirements of the OFCCP Internet applicant regulations have, in the past, generated tons of paper records. Now, you can keep such records electronically. For example, when conducting searches on job boards (such as Monster.com) you may keep records of your search results and the resumes generated from your searches in electronic format instead of printing them all out on paper (as long as your storage system meets the criteria above).
If you have any questions, or need further information on this or other OFCCP-related topics, please feel free to contact us.
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