Secure, reliable, and accessible information management solution for

Human Resources

Is your HR department inundated by regulations and inefficient processes? If you find your HR department is bogged down while trying to manage important human resource files, trouble locating files, and utilizing processes that are not efficient in today's digital business age. Contact DSSI for a free no-obligation consultation.

  • Reduce HR Administration Time
  • Flexible, User-Friendly, and Customized Solutions
  • Stay compliant even in highly regulated industries
  • Training and Support
  • On-Premise, Cloud, & Hybrid solutions
  • ECM solution that works seamlessly with Microsoft Office & SharePoint

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Manage everything HR.

What to Save  -  What to Shred  -  Where to Keep It  -  Who has Access

Guidelines for Electronic Personnel Records

 

Employers are allowed to go Electronic Personnel Records if you ensure that your electronic record maintenance systems are secure, accurate, reliable, and accessible (in that they permit rapid electronic retrieval and hard-copy production). However, certain legal regulations impose more detailed requirements for some types of documents, and evidentiary considerations may affect how you design your electronic document maintenance systems.

 

The legal considerations concerning various documents and some things to think about to ensure your electronic record retention system serves your needs in the event of employment litigation.

Workflow

 

M-Files improves workflows by automating review and approval processes for manufacturing and construction drawings, orders, proposals, specifications and other documents. Easily customizable workflows can route information to the right people for follow-up/approval and notify others when tasks are done.

Automatic Permissions

Managing complex access control policies becomes overwhelming with the limitations of most systems. M-Files provides unlimited control over any type of content while keeping things simple. That's because permissions can be assigned based on what something is instead of where it's stored. Give control back to the responsible business manager while freeing up IT resources with Automatic Permissions from M-Files.

Applicable Regulations

 

DSSI was established in 1999 and has over 50 years of experience in document management & scanning services. We are a business dedicated to providing quality support & service. As such, we perform all the work at the Boca Raton, Florida facility (5000 sq. Ft), nothing is subcontracted to any foreign entity insuring that your data is safe.

EEOC regulations
(employment records generally)

Several documents frequently maintained in hard copy form, including performance evaluations, attendance records/ timecards, dispensary records (warnings, employee announcements, handbook receipt, requests for employment verification, education certifications, applications, resumes, and orientation information, must be “preserved” in accordance with Equal Employment Opportunity Commission (EEOC) regulations. The regulations don’t require a particular form of preservation.

The EEOC “recommends” that race and ethnicity identification forms be kept separate from an employee’s basic personnel file because the personnel file may be available to those who are responsible for personnel decisions. Additionally, medical information, which can include documentation required by the Family and Medical Leave Act(FMLA), must be kept confidential and separate from an employee’s other personnel records. One way to address this concern is to house electronic race/ethnicity data and medical data with their own separate access permissions.


Employee Retirement Income Security Act (ERISA) regulations
(benefits and COBRA records)

Benefits records and Affordable Care Act(“ObamaCare”) COBRA-related mailings may be kept in electronic form if:

  1. There are reasonable controls to ensure the integrity, accuracy, authenticity and reliability of the records kept in electronic form.
  2. The electronic records are maintained in reasonable order, in a safe and accessible place, and in a manner that they may be readily inspected or examined.
  3. The electronic records are readily convertible into legible and readable paper copy as may be needed to satisfy reporting and disclosure requirements.
  4. The electronic record keeping system is not subject, in whole or in part, to any agreement or restriction that would directly or indirectly compromise or limit a person’s ability to comply with any reporting and disclosure requirement or any other obligation under Title I of ERISA.

IRS regulations
(payroll records, tax returns, W-2, 1099, and supporting records)

The IRS permits the electronic retention of records (Revenue Procedure 98-25).

DOL regulations(FMLA and payroll documentation)
Neither the FMLA nor the Fair Labor Standards Act (FMLA) requires a particular order or form of records. However, if they are stored electronically, records must be available for copying and transcription upon request by representatives of the US Department of Labor(DOL), and reproductions must be clear and identifiable. To the extent that FMLA documentation contains medical information, it must be maintained separately from other records in accordance with EEOC regulations.

OSHA regulations(medical records and injury reports)
Records required by the Occupational Safety and Health Administration(OSHA) may be kept electronically provided the computer they are stored on can produce forms equivalent to OSHA’s forms when they are needed and the system meets specific regulatory requirements.

  1. First, employees and their representatives must have limited access to injury and illness records.
  2. Second, “when an authorized government representative asks for the records copies of the records must be provided within four (4) business hours..X-rays must be preserved in their original state.

USCIS guidelines (I-9)

The U.S. Citizenship and Immigration Services (USCIS) requires that electronic systems used for storing I-9 documentation have:

  1. reasonable controls to ensure the integrity, accuracy, and reliability of the electronic storage system
  2. reasonable controls designed to prevent and detect the unauthorized or accidental creation of, addition to, alteration of, deletion of, or deterioration of an electronic Form I-9, including the electronic signature, if it’s used
  3. an inspection and quality assurance program that regularly evaluates the electronic generation or storage system and includes periodic checks of electronically stored I-9s, including the electronic signature, if it’s used
  4. a retrieval system that includes an indexing system that permits searches by any data element; and
  5. The ability to reproduce legible paper copies

Practical considerations

 

Before implementing an electronic document retention policy, employers must consider several issues beyond the specific agency regulations identified. For example, you should:
 

  • Consider scanning original documents into electronic form to retain as much information about the document as possible.
  • Establish a procedure under which the scanning of relevant documents and originals is implemented immediately if a lawsuit is filed. You will have a legal duty to maintain relevant documents in their original form and suspend their destruction or alteration as soon as you learn that litigation is imminent and until the lawsuit is resolved.
  • Account for ease of retrieval and searches when designing and implementing electronic document creation and storage protocols. For instance, the ability to search both content and metadata will be highly useful, and a uniform file-naming and location naming
  • Establish security protocols so that only authorized individuals can access each electronically maintained file. That includes creating a secure and reliable electronic storage environment, including off-site backup, and complete and secure destruction protocols for unneeded hard copies.
  • Consider creating a quality assurance program that includes regular evaluations and checks of the electronic record-keeping system.
  • Retain paper copies of any records that cannot be clearly, accurately, or completely transferred to an electronic record-keeping system (not just workers’ compensation and I-9 documentation).


DSSI - Secure Human Resources Information Management Solutions