Successor liability for employee exposure and medical records.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

October 26, 1998

Matthew Soltis, CIH, CSP
Corporate Health and Safety Manager
Tetra Tech NUS, Inc.
661 Anderson Drive
Pittsburgh, Pennsylvania 15220

Dear Mr. Soltis:

This letter is in response to your request for guidance concerning the status of Tetra Tech NUS as a "successor employer" of former Brown & Root employees as used in 29 C.F.R. Parts 1910.1020(c)(7) and (h), which cover access to employee exposure and medical records. For the following reasons, Tetra Tech NUS is not a successor employer for the purposes of this rule.

Retention of medical records for companies ceasing to do business.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

February 17, 1999

Dr. Jeff R. Moore, M.D.
P.O.Box 3835
Amarillo, Texas 79116-3835

Dear Dr. Moore:

This is in response to your letter dated December 31, 1998, addressed to Mr. Joseph DuBois, Director of the Occupational Safety and Health Administration's (OSHA's) Office of Statistics, in which you asked about the proper means of attending to your employee's OSHA records upon your retirement from clinical practice. Thank you for your inquiry. Your request is outlined below, followed by OSHA's interpretation.

Clarification of NIOSH's obligation under OSHA to receive and maintain employee exposure and medical records.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.


February 1, 2008

Frank Hearl
Chief of Staff
National Institute for Occupational Safety and Health
200 Independence Avenue, SW
Washington, DC 20201

Re: Mittal Steel USA – Access to Employee Exposure and Medical Records Interpretation

Dear Mr. Hearl:

Occupational Exposure to Beryllium

  • Publication Date:
  • Publication Type:
  • Fed Register #:
    82:2470-2757
  • Title:
  [Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
  [Rules and Regulations]
  [Pages 2470-2757]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2016-30409]




  Vol. 82

  Monday,

  No.