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Retention after going out of business
  • 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 a company ceases to do business, it must provide the successor employer with all employee medical and exposure records.

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 business.

The employer also must either transfer the records required to be preserved to the National Institute for Occupational Safety and Health (NIOSH), or notify the Director of NIOSH in writing of its intent to dispose of the records three months before that disposal.