- PURPOSE
The purpose of this policy is as follows:
- provide processes and procedures for the collection, maintenance, retention, and release of employee records, for the purpose of providing employees with access to some of the employee’s records; and
- for ensuring the confidentiality and security of sensitive employee records.
- POLICY STATEMENT
Subject to SPP HR 5.07.BC – Personal Information Protection, access to certain employee records upon written request will be provided by XZY Co. for all employees, former employees, and legal representatives of employees or former employees.
Access to employee personal information, upon a written request as outlined in paragraph 7.02 herein shall be provided by _________________ However, _________________ may limit access to any documents contained in an employee’s personal file in accordance with applicable privacy legislation.
Employee records will not retained by _________________ beyond the periods specified by law.
- DEFINITIONS
"Confidential data" includes, but is not limited to, information obtained through reference checks, notes, observations or other data compiled by supervisors or other personnel concerning an employee's behavior, conduct or notes prepared by appropriate personnel pertaining to an issue involving the employee, criminal record checks, investigation records, employee evaluative records and documents which would violate the privacy of another person if disclosed.
"Employees and former employees" include the legal representatives of employees and former employees.
"Employee personal information" means personal information about an individual that is collected, used or disclosed solely for the purposes reasonably required to establish, manage or terminate an employment relationship between the organization and that individual, but does not include personal information that is not about an individual's employment. Employee personal information also includes data that the employee is or should be aware of, such as the employment application, dependent information, salary or wage level and adjustments, job history, transfers, promotions, job performance evaluations, leave of absence requests and authorizations, employee training records, disciplinary records, attendance and absenteeism records, and first aid records.
"Personal health information" includes information related to employee medical examinations, medical reports and records, medical insurance claims data provid
"Workers Compensation records" include information related to WCB claims, employer
appeals, reports, findings, accidents, investigations, return to work, etc.
- SCOPE
This policy applies to all employees and former employees.
- RESPONSIBILITY
Human Resources Department
The Human Resources Department is responsible for:
- collecting and retaining employee records under employee personal information, personal health information; Workers Compensation records and confidential data-in accordance with British Colombia and federal statues and SPP HR 5.070BC – Personal Information Protection;
- when requested in writing from the employee, to determine the appropriate level of access to be provided pursuant to the request of the employee;
- the preparation of employee records for access by the employee;
- to ensure that the documents so provided pursuant to the employee request are appropriately redacted so as not identify other employees or customers and protect the privacy of third parties;
- to ensure that only employees have access to their records, and, if a legal representative request access to the employee file, there must be proper identification, or proof of legal status;
- without authorization, to ensure that no documents are added or removed from the employee’s record; and
- as the situation demands, to provide employees with information and direction to enable employees to amend, correct or challenge any record in the employee’s file.
The Human Resources Department must receive a written request from employees for access to their files at least 48 hours prior to requiring access.
- PROCEDURE
The [Human Resources Department] shall obtain, organize and maintain all employee records
in accordance with applicable provincial and federal laws, this policy, and SPP HR 5.07.BC -
Personal Information Protection. As soon as possible, all employee records shall be delivered by the supervisor to the [Human Resources Department] for management and retention.
Employees or former employees will be granted access to their employee personal information records within 48 hours upon written request.
Records of employees or former employees will not be granted access for which access to records is prohibited or not required pursuant to applicable privacy legislation; in the sole discretion of the [General Manager] upon request, employees or former employees maybe provided access to a specific record or document.
_________________ must be provided with government issued photo identification to verify identity for anyone requesting access to employee records.
To view requested documents, employees must make an appointment with the [Human Resources Department.] Records can only be accessed in the presence of a [Human Resources Department] staff member.
The employee appointment procedure is set out as follows:
- During break periods shift change–overs; or
- With the consent of the employee’s Supervisor, during work hours using banked time-in-lieu of Vacation.
An employee shall submit a written statement if the employee believes there is an error or discrepancy in a document in his or her records, or, if an employer disagrees with something in that record which the employee would like to be addressed. The employee statement should include an explanation of the error/discrepancy and the remedy sought. The [Human Resources Department] shall advise the employee within [two (2) weeks] in writing of the actions taken or to be taken to address the employee’s submission, if any.
An employee who is unsatisfied with the action or lack thereof taken by the [Human Resources Department] shall provide further written notice which shall be delivered to the [General Manager] within [two (2) weeks]. Upon receipt of the notice, the [General Manager] shall arrange a meeting with the employees, the [Human Resources Department], and the [General Manager], to resolve a dispute.
The [General Manager] shall make the final determination in the event a resolution cannot be made.
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