Subpart B
Each component must preserve all correspondence relating to the FOIA requests it receives and all records processed in response to those requests. This means you must keep emails, letters, attachments, internal notes, and any documents that were searched, reviewed, or released under the request as required by 70.27.
Records must be kept until disposition or destruction is authorized under Title 44 of the United States Code or the National Archives and Records Administration's General Records Schedule 4.2. In practice, you must retain the records until you receive authorization under those authorities, as stated in 70.27.
No — records may not be destroyed while they are the subject of a pending FOIA request, appeal, or lawsuit. 70.27 explicitly prohibits destruction during any pending request, administrative appeal, or litigation related to the records.
Yes — the preservation requirement applies to all records processed pursuant to a FOIA request, including electronic records and emails. The rule in 70.27 covers "all records processed pursuant to such requests," which encompasses electronic formats such as email, documents, databases, and electronic files.
Under 70.27, each component is responsible for preserving its own FOIA-related correspondence and processed records. That means the office, branch, or unit that receives or processes the request must ensure preservation; components should assign internal roles (e.g., FOIA officer or records manager) to carry out that responsibility.
You must not destroy the records while they are the subject of a pending request, appeal, or lawsuit even if a records schedule otherwise authorizes destruction. 70.27 requires preservation until disposition is expressly authorized by Title 44 or NARA's General Records Schedule 4.2, and preservation continues through any pending FOIA matters.
Not necessarily — preservation continues until disposition or destruction is authorized by Title 44 or NARA's General Records Schedule 4.2, and records cannot be destroyed while subject to a pending request, appeal, or lawsuit. 70.27 therefore requires keeping the records beyond release if the records remain under a pending appeal or legal matter or until formal authorization to destroy them is obtained.
You should keep a clear audit trail showing what records were preserved, who preserved them, dates of preservation actions, and any holds or notifications. Documenting preservation actions and referencing the preservation obligation in 70.27 helps demonstrate compliance and supports coordination with records officers and legal counsel.
Yes — any records processed pursuant to the FOIA request must be preserved, which can include responsive documents created after receipt if they are processed as part of the response. 70.27 covers all correspondence and records processed pursuant to such requests, so newly created responsive records must be retained.
70.27 prohibits destruction during pending requests, appeals, or lawsuits, so unintentional destruction would be a violation of that preservation obligation and could lead to administrative or legal consequences. If destruction occurs, you should immediately notify legal counsel and FOIA staff, preserve any remaining records, and document what happened to support remediation and potential reporting obligations.
Retention and disposal of FOIA records must follow NARA's General Records Schedule 4.2 or other authorized disposition actions under Title 44; you must preserve records until NARA or Title 44 authorizes destruction. 70.27 ties OSHA's preservation duty directly to NARA authorization, so coordinate with your records officer to apply GRS 4.2 properly.
The rule requires preservation of "all correspondence relating to the requests" and "all records processed pursuant to such requests." If a non-responsive record was processed (e.g., collected, reviewed, or documented during the search), it should be retained to document the search and processing steps. 70.27 supports keeping the documentation needed to show how you handled the request.
Yes — records are not to be destroyed while they are the subject of a pending request, appeal, or lawsuit, so preservation continues through any administrative FOIA appeal. 70.27 explicitly includes appeals in the list of matters that prevent destruction.
Each component must preserve the correspondence and records it processed for the request, so all offices that participated should put records on hold until authorized destruction. 70.27 assigns the preservation duty to each component, which means cross-office coordination and centralized tracking are recommended to ensure nothing is destroyed prematurely.
If a contractor or third party processed records on behalf of an OSHA component in response to a FOIA request, those records and correspondence must be preserved until authorized disposition, since 70.27 requires preservation of all records processed pursuant to such requests. Components should ensure contractual obligations require contractors to comply with this preservation duty.