CSP Documentation & Record Management 3 — Questions and Answers
Question 1: A staffing agency places a worker with a client that experiences a workplace accident. Under the co-employer arrangement, which party is typically responsible for maintaining the OSHA 300 log entry?
- Always the staffing agency
- Always the client employer
- The employer who controls the day-to-day work conditions (Correct answer)
- Both parties must maintain duplicate logs
Correct answer: The employer who controls the day-to-day work conditions
OSHA guidance indicates that the employer who controls the conditions of employment—typically the client—is responsible for recording work-related injuries on the OSHA 300 log.
Question 2: State wage and hour laws may require staffing firms to retain payroll records for periods longer than the federal FLSA minimum. Which approach should a staffing firm operating in multiple states take?
- Follow federal minimums only
- Retain records per the state with the shortest retention period
- Retain records per the most stringent state requirement applicable to each worker (Correct answer)
- Create a uniform 10-year policy to avoid all conflicts
Correct answer: Retain records per the most stringent state requirement applicable to each worker
When state law imposes stricter retention requirements than federal law, the stricter state standard governs for workers covered by that state's law.
Question 3: A staffing firm receives a written request from a former employee for a copy of their personnel file. This right is governed primarily by:
- FLSA
- State personnel records access laws (Correct answer)
- HIPAA
- FCRA
Correct answer: State personnel records access laws
The right to access one's personnel file is determined by state law, and requirements vary significantly by state.
Question 4: Best practice for separating medical information from general personnel files requires staffing firms to store ADA accommodation records:
- In the worker's main personnel file for easy reference
- In a separate, confidential medical file with restricted access (Correct answer)
- With payroll records since both are sensitive
- In the client company's records system
Correct answer: In a separate, confidential medical file with restricted access
The ADA requires that medical information be kept confidential and stored separately from general personnel files in a secure location with limited access.
Question 5: Which document must a staffing agency provide to a placed worker BEFORE conducting a consumer background check?
- Adverse action notice
- Summary of rights under FCRA in a standalone document (Correct answer)
- W-4 form
- Non-disclosure agreement
Correct answer: Summary of rights under FCRA in a standalone document
FCRA requires employers to provide a clear and conspicuous written disclosure in a standalone document and obtain written authorization before obtaining a consumer report.
Question 6: How long must staffing agencies retain EEO-1 report data and supporting records after the report is filed?
- 6 months
- 1 year (Correct answer)
- 2 years
- Until the next EEO-1 is filed
Correct answer: 1 year
EEOC regulations require that employment records used to prepare EEO-1 reports be kept for a minimum of 1 year after the report is filed.
Question 7: A staffing firm's record retention schedule should be suspended when:
- An employee resigns
- A legal hold is issued due to pending litigation or investigation (Correct answer)
- Annual audits are conducted
- New management takes over HR
Correct answer: A legal hold is issued due to pending litigation or investigation
A legal hold (litigation hold) requires suspending normal record destruction schedules to preserve potentially relevant documents once litigation or investigation is reasonably anticipated.
CSP Documentation & Record Management 3
A staffing agency places a worker with a client that experiences a workplace accident.
Under the co-employer arrangement, which party is typically responsible for maintaining the OSHA 300 log entry?