2017 Maryland Code
Labor and Employment
Title 5 - Occupational Safety and Health
Subtitle 7 - Records and Reports
§ 5-701. Toxic materials and harmful agents

  • (a) Duty to monitor and keep records. -- The Commissioner may require, by regulation, that an employer:
    • (1) measure or monitor employee exposure to a potentially toxic material or harmful physical agent; and
    • (2) keep an accurate record of employee exposure to a toxic material or harmful physical agent that the employer is required to measure or monitor.
  • (b) Observation. -- An employer shall give an employee or representative of an employee an opportunity to observe each measurement or monitoring under this section.
  • (c) Notice about exposure. -- If an employee is exposed to a potentially toxic material or harmful physical agent in a concentration or level that exceeds the level allowed under an applicable occupational safety and health standard, the employer of the employee:
    • (1) promptly shall give the employee notice; and
    • (2) shall inform the employee of each corrective action being taken.
  • (d) Access to record. --
    • (1) Each employee or former employee shall have access to each record that indicates exposure of the employee or former employee to a toxic material or harmful agent.
    • (2) Each employee or representative of an employee shall have access to each record kept under subsection (a) of this section.
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