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Maryland Code, Labor and Employment § 5-407

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(a)(1) An employee or designated representative may ask an employer for:

(i) access to a chemical information list maintained by the employer;  and

(ii) a copy of the chemical information list or any material safety data sheet in the workplace of the employee.

(2) An employer shall comply with a request under this subsection:

(i) for access, in the workplace of the employee, within 1 working day after a request;  and

(ii) for a copy, within 5 days after a request.

(3) To comply with a request for a copy, an employer shall provide, without charge to the employee or designated representative, the copy or the mechanical means to produce the copy.  If, during a calendar year, more than 1 copy is requested for an employee the employer may assess a reasonable charge for each additional copy.

(4) An employer shall make the material safety data sheet readily accessible in accordance with 29 C.F.R. 1910.1200(g)(8).

(5) If an employer fails to comply with this subsection, an employee who requests the information may refuse to work with the hazardous chemical for which the chemical information list or material safety data sheet was requested.

(b) On receipt of a written request, an employer or, if the employer's business has ceased operating as described in § 5-405(e)(2) of this subtitle, the Maryland Department of Labor shall provide access to information on a chemical information list to:

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

(2) a nurse, physician, or physician's assistant who is providing emergency medical treatment;

(3) the Commissioner;

(4) a former employee;

(5) an independent contractor or employer;

(6) any environmental, civic, or consumer organization in the State;  and

(7) any individual who lives:

(i) in a local community where a business stores, produces, or locates hazardous or toxic chemicals;  or

(ii) in the nearest local community to a business that stores, produces, or locates hazardous or toxic chemicals.

Cite this article: - Maryland Code, Labor and Employment § 5-407 - last updated December 31, 2021 |

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