Standard Interpretations - Table of Contents|
| Standard Number:||1910.1020; 1910.1020(h); 1910.1020(h)(1); 1910.1020(h)(3) ; 1910.1029(e); 1910.1029(j); 1910.1029(m)(3); 1910.1029(m)(4)|
Nothing in this order or the Agreement shall be construed to release or nullify any liability to any governmental entity under police or regulatory requirements that any entity would be subject to as owner or operator of property after the Closing.(Order ¶ 10 at 14.) In addition, the order makes a number of statements limiting Mittal's responsibility for other claims against Weirton. Representative of these provisions is Paragraph N of the order, which provides that Mittal acquired Weirton's assets:
free and clear of all Claims, Liens, encumbrances and other interests (collectively, the "Interests"), including, but not limited to . . . all debts arising in any way in connection with any agreements, acts or failures to act of [Weirton] . . . including, but not limited to, Claims otherwise arising under doctrines of successor liability to the greatest extent permitted by applicable law.Counsel for Weirton then wrote NIOSH and OSHA arguing that the bankruptcy court order determined that Mittal was not a successor to Weirton. Because there was no successor to Weirton, it stated, the letter served as notice to NIOSH and OSHA that Weirton would distribute the records to employees who request it and destroy the other records. NIOSH accepted the records in accordance with 29 CFR §1910.1029(m)(3) and 1910.1029(m)(4). NIOSH is currently storing the records at a commercial facility in Pennsylvania, and comprise 26 pallets of records. NIOSH has not yet begun organizing or cataloging the records.
(h)(1) Whenever an employer is ceasing to do business, the employer shall transfer all records subject to this section to the successor employer. The successor employer shall receive and maintain these records.29 CFR §1020(h). The Coke Oven Emissions standard similarly requires that whenever "the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by the section." [29 CFR §1910.1029(m)(4)(i)]. If there is no successor employer, the standard requires that the records be "transmitted by registered mail" to NIOSH. [29 CFR §1910.1029(m)(4)(ii)]. OSHA imposes these lengthy record retention requirements because of the long latency periods associated with cancer and other health effects from coke oven emissions. See 41 FR 46742, 46782; 45 FR 35212, 35268-70.
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(3) Whenever an employer is ceasing to do business and there is no successor employer to receive and maintain the records, . . . the employer shall (i) Transfer the records to the Director of the National Institute of Occupational safety and Health (NIOSH) if so required by a specific occupational safety and health standard; or (ii) 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.
|Standard Interpretations - Table of Contents|