HARRY HUGHES, Governor                                      2667

Article 89 - Division of Labor and Industry
32H.

(a)  An employer shall submit a copy of the chemical
information list and a copy of each material safety data sheet to
the Maryland Department of Health and Mental Hygiene, within 15
days of its obtention or revision.

(b)  The Maryland Department of Health and Mental Hygiene
shall:

(1)  Review the material safety data sheet submitted
to determine completeness and sufficiency, notifying the
Commissioner of any noncompliance;

(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 AND IN §
6-503 OF THE HEALTH - ENVIRONMENTAL ARTICLE, information
contained in 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.

SECTION 2. AND BE IT FURTHER ENACTED, That if any provision
of this Act or the application thereof to any person or
circumstance is held invalid for any reason in a court of
competent jurisdiction, the invalidity does not affect other
provisions or any other application of this Act which can be
given effect without the invalid provision or application, and
for this purpose the provisions of this Act are declared
severable.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1 November 25, 1985 January 1, 1986.

Approved May 28, 1985.