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What is the liability for transferring maintaining medical records when there is no successor employer?
The Code for Federal Regulations, 29 CFR 1910.1020, Access to Employee Exposure and Medical Records outlines the correct process of managing employee records. According to that regulation, whenever an employer either is ceasing to do business and there is no successor employer to receive and maintain the records, or intends to dispose of any records required to be preserved for at least thirty (30) years, the employer shall do one of two things. An employer must transfer the records to the Director of the National Institute for Occupational Safety and Health (NIOSH) or they must notify the Director of NIOSH in writing of the impending disposal of records at least three (3) months prior to the disposal of the records. Depending on the content of the OSHA records, you may wish to share the information in them with the specific employee to whom they belong before transfer or disposal.
['Injury and Illness Recordkeeping']
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