2548

LAWS OF MARYLAND

Ch. 463

(2)  MAINTAIN INFORMATION CONTAINED ON ALL CHEMICAL
INFORMATION LISTS FOR 40 YEARS AND SHALL ONLY PROVIDE ACCESS TO
INFORMATION ON CHEMICAL INFORMATION LISTS TO THE FOLLOWING:

(I)  PERSONS PROVIDING FIRE, AMBULANCE, OR
RESCUE SERVICES FOR THE APPROPRIATE GEOGRAPHIC AREA;

(II)  TREATING PHYSICIANS, NURSES, OR
PHYSICIANS' ASSISTANTS IN MEDICAL EMERGENCY SITUATIONS;

(III)  FORMER EMPLOYEES OF INACTIVE EMPLOYERS;

(IV)  THE COMMISSIONER; AND

(V)  AN INDEPENDENT CONTRACTOR OR EMPLOYER AS
PROVIDED IN § 32K OF THIS SUBTITLE.

(3)  EXCEPT AS PROVIDED IN THIS SUBSECTION,
INFORMATION CONTAINED ON CHEMICAL INFORMATION LISTS SHALL BE
PRIVILEGED AND MAY NOT BE DISCLOSED BY THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE TO ANY PERSON OR IN ANY CIVIL PROCEEDING.

32-I.                         

(A)  AN EMPLOYER SHALL PROVIDE, UPON REQUEST, TO THE PERSON
RESPONSIBLE FOR THE ADMINISTRATION AND DIRECTION OF A FIRE
DEPARTMENT IN A POLITICAL SUBDIVISION, INCLUDING A FIRE CHIEF OR
FIRE ADMINISTRATOR, OR THAT PERSON'S DESIGNEE:

(1)  A LIST OF WORK AREAS, IDENTIFIED BY NAME AND
LOCATION, AND THE APPROPRIATE CHEMICAL INFORMATION LIST FOR EACH
WORK AREA; AND

(2)  A MATERIAL SAFETY DATA SHEET FOR EACH HAZARDOUS
CHEMICAL INCLUDED ON THE CHEMICAL INFORMATION LIST.

(B)  A PERSON PROVIDED INFORMATION UNDER SUBSECTION (A) OF
THIS SECTION SHALL MAKE THIS INFORMATION AVAILABLE UPON REQUEST,
TO FIRE SUPPRESSION, FIRE INSPECTION, RESCUE SQUAD, AND AMBULANCE
SQUAD UNITS WITHIN THE SAME JURISDICTION.

(C)  EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION OR
§ 32K OF THIS SUBTITLE, INFORMATION SUBMITTED OR MADE AVAILABLE
PURSUANT TO THIS SECTION SHALL BE PRIVILEGED AND MAY NOT BE
DISCLOSED TO ANY PERSON OR IN ANY CIVIL PROCEEDING.

32J.

(A)  THIS SECTION DOES NOT APPLY TO RETAIL ESTABLISHMENTS
WITH RESPECT TO CHEMICALS INTENDED FOR SALE TO THE GENERAL
PUBLIC.

(B)  A MANUFACTURER AND ANY DISTRIBUTOR SHALL PROVIDE TO A
PURCHASER OF ANY HAZARDOUS CHEMICAL A MATERIAL SAFETY DATA SHEET