Office of Federal Contract Compliance Programs (OFCCP)

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Preserving Employment and Personnel Records in Electronic Format

• Transfer to Electronic Format
• Accessibility of Electronic Records
• Disposition of Paper Records
• Retention Provisions for Electronic Records
• Electronic Recordkeeping System Characteristics
• Record Management Practices

Transfer to Electronic Format

• When can a contractor transfer original paper documents to an electronic recordkeeping system?

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Accessibility of Electronic Records

• If a contractor transfers its personnel paper records to an electronic recordkeeping system, what records must be furnish to OFCCP when requested?

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Disposition of Paper Records

• When can a contractor dispose of a paper original record that has been converted to an electronic record?

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Retention Provisions for Electronic Records

• Do the record retention requirements that apply to paper records also apply to records maintained electronically?

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Electronic Recordkeeping System Characteristics

• What characteristics must an electronic recordkeeping system have in order to satisfy OFCCP's record retention requirements?

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Record Management Practices

• What are some examples of good records management practices?

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Transfer to Electronic Format

When can a contractor transfer original paper documents to an electronic recordkeeping system?

OFCCP regulations and policy allow for the transfer of original paper records to an electronic recordkeeping system provided (1) the medium used accurately reproduces the paper original records, (2) the electronic records constitute a duplicate or substitute copy of the original paper records under Federal law, and (3) the electronic records can be converted back into legible and readable paper copies and provided to OFCCP upon request.

Accessibility of Electronic Records

If a contractor transfers its personnel paper records to an electronic recordkeeping system, what records must be furnish to OFCCP when requested?

OFCCP regulations require contractors to permit OFCCP access to its records during an OFCCP compliance evaluation or complaint investigation. These requirements apply to both paper and electronic records. See 41 CFR 60-1.43, 60-250.81, 60-300.81, and 60-741.81. Thus, all of the contractor's electronic records must be made readily available for review, and must be readable and capable of being copied by OFCCP.

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Disposition of Paper Records

When can a contractor dispose of a paper original record that has been converted to an electronic record?

In general, the original paper record may be disposed of any time after it has been transferred to an electronic recordkeeping system. However, the original paper record may not be disposed of if the electronic copy would not accurately reproduce the original record.

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Retention Provisions for Electronic Records

Do the record retention requirements that apply to paper records also apply to records maintained electronically?

Yes. If records are maintained electronically, contractors must take care to ensure that the electronic records comply with the record retention and access regulations. The OFCCP regulations at 41 CFR 60-1.12, 60-250.80, 60-300.80, and 60-741.80 require that contractors preserve complete and accurate personnel records. The regulations at 41 CFR 60-1.43, 60-250.81, 60-300.81 and 60-741.81 also require that contractors permit OFCCP access to their records, including computerized records, for inspection and copying.

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Electronic Recordkeeping System Characteristics

What characteristics must an electronic recordkeeping system have in order to satisfy OFCCP's record retention requirements?

To satisfy the OFCCP requirements, contractors must ensure that their electronic recordkeeping system:

• Has reasonable controls to ensure the integrity, accuracy, authenticity, and reliability of the records kept in electronic format;
• Is capable of retaining, preserving, retrieving, and reproducing the electronic records;
• Is able to readily convert paper originals stored in electronic format back into legible and readable paper copies; and
• Has adequate records management practices in place.

Record Management Practices

What are some examples of good records management practices?

• Labeling electronically maintained records
• Providing secure storage of electronic data
• Creating back-up electronic file copies
• Observing quality assurance for electronic recordkeeping through regular evaluations of the system
• Retaining paper copies of records that cannot be accurately or completely transferred to the electronic recordkeeping system