Document Citation: Md. LABOR AND EMPLOYMENT Code Ann. § 5-406

Header:
Annotated Code of Maryland
LABOR AND EMPLOYMENT
TITLE 5. OCCUPATIONAL SAFETY AND HEALTH
SUBTITLE 4. ACCESS TO INFORMATION ABOUT HAZARDOUS AND TOXIC SUBSTANCES


Date:
08/31/2009

Document:

§ 5-406. Submission on documents and role of Department of Environment

(a) Submission of documents. --

(1) Within 15 days after an employer prepares or revises a chemical information list, the employer shall submit a copy of the list to the Department of the Environment.

(2) Within 5 working days after an employer receives a written request from the Department of the Environment for a copy of a material safety data sheet, the employer shall submit to the Department a copy of that sheet.

(b) Duty to review; notice to Commissioner. -- The Department of the Environment shall:

(1) review, for completeness and sufficiency, each:

(i) chemical information list that an employer submits under subsection (a) of this section; and

(ii) material safety data sheet that the Department requests; and

(2) give the Commissioner notice of any noncompliance.

(c) Access to information. -- The Department of the Environment shall provide access to information on a chemical information list only to:

(1) a person who provides fire, ambulance, or rescue service for the appropriate geographic area;

(2) a nurse, physician, or physician assistant who is treating an individual in a medical emergency;

(3) a former employee of an inactive employer;

(4) the Commissioner; and

(5) an independent contractor or employer as provided in § 5-408 of this subtitle.

(d) Confidentiality. -- Except as provided in subsections (b) and (c) of this section and § 6-503 of the Environment Article, the Department of the Environment:

(1) shall treat as confidential information in a chemical information list; and

(2) may not disclose the information:

(i) in any civil proceeding; or

(ii) to any person.