CSP Documentation & Record Management 2 — Questions and Answers
Question 1: Under the Fair Credit Reporting Act (FCRA), how long must staffing firms retain records related to employment background checks?
- 1 year
- 2 years
- 3 years
- 5 years (Correct answer)
Correct answer: 5 years
FCRA requires that records related to consumer reports used for employment purposes be retained for 5 years.
Question 2: When a staffing agency receives a subpoena for a worker's employment records, the first step should be to:
- Immediately produce all requested documents
- Notify the client company and produce documents
- Consult legal counsel before responding (Correct answer)
- Inform the worker that their records were subpoenaed
Correct answer: Consult legal counsel before responding
Legal counsel should be consulted before responding to a subpoena to ensure proper compliance and protection of any privileged information.
Question 3: Which federal agency requires staffing firms to maintain OSHA 300 logs for work-related injuries and illnesses?
- EEOC
- DOL Wage and Hour Division
- OSHA (Correct answer)
- NLRB
Correct answer: OSHA
OSHA requires covered employers, including staffing agencies in many circumstances, to maintain OSHA 300 logs documenting work-related injuries and illnesses.
Question 4: A staffing firm's I-9 records for a terminated employee must be retained for the later of three years from hire date OR:
- One year after termination (Correct answer)
- Two years after termination
- Three years after termination
- Five years after termination
Correct answer: One year after termination
I-9 records must be kept for the later of 3 years from the date of hire or 1 year after the employee's termination.
Question 5: Electronic storage of I-9 forms is permissible provided that the system includes:
- Encryption and a third-party audit
- An audit trail, inspection capability, and quality assurance program (Correct answer)
- Only a password-protected login
- Biometric authentication for each access
Correct answer: An audit trail, inspection capability, and quality assurance program
DHS regulations require electronic I-9 systems to have an audit trail, the ability to produce legible paper copies, and a quality assurance program.
Question 6: Under EEOC regulations, employment application records for positions that were NOT filled must be retained for a minimum of:
- 6 months
- 1 year (Correct answer)
- 2 years
- 3 years
Correct answer: 1 year
EEOC requires that employment records, including applications for unfilled positions, be retained for at least 1 year from the date of the personnel action.
Question 7: When converting paper employee files to electronic format, a staffing firm should ensure that:
- All originals are immediately shredded after scanning
- Only HR managers have access to scanned files
- The electronic system is validated and produces readable reproductions (Correct answer)
- Medical records are stored in the same electronic file as general personnel records
Correct answer: The electronic system is validated and produces readable reproductions
Electronic records must be validated to ensure they accurately reproduce the original documents and remain readable throughout the retention period.
CSP Documentation & Record Management 2
Under the Fair Credit Reporting Act (FCRA), how long must staffing firms retain records related to employment background checks?