• If a company goes out of business, medical and exposure records must be passed on to the successor employer.
• If there is no successor, employers must inform employees of their access rights, and either transfer such records to NIOSH, or notify NIOSH of the employer’s intent to dispose of the records.

If the employer ceases to do business, it must provide the successor employer with all employee medical and exposure records. According to a December 21, 2023, letter of interpretation, it is the Occupational Safety and Health Administration's position that when an employer acquires a business' assets and continues to use those assets in substantial continuity with the predecessor, then it is a successor employer subject to the access and retention requirements in 1910.1020.

When there is no successor to receive the records, the employer must inform the current affected employees of their access rights at least three months prior to the cessation of the business.