WILLIAM DONALD SCHAEFER, Governor Ch. 153
32B.
(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AN
EMPLOYER, CHEMICAL MANUFACTURER, IMPORTER, OR DISTRIBUTOR
SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF THE UNITED
STATES DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION, "HAZARD COMMUNICATION STANDARD", 29 CFR
1910.1200, PUBLISHED AT 52 FEDERAL REGISTER NO. 163, AUGUST 24, 1987,
PAGES 31876-31886, AND, AS ADOPTED BY THE COMMISSIONER, ALL
SUBSEQUENT AMENDMENTS THERETO.
(B) WHENEVER USED IN 29 C.F.R. 1910.1200, THE TERMS "ASSISTANT
SECRETARY OF LABOR FOR OSHA" AND "DIRECTOR OF THE NATIONAL
INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH" MEAN THE
COMMISSIONER OF LABOR AND INDUSTRY OR THE COMMISSIONER'S
DESIGNATED REPRESENTATIVE.
(B) [C] THE EXCLUSION FOR TOBACCO AND TOBACCO PRODUCTS
AND WOOD AND WOOD PRODUCTS SET FORTH IN 29 CFR
1910.1200(B)(6)(II) AND (B)(6)(III) DO NOT APPLY IN MARYLAND.
(C) (D) (1) EXCEPT FOR AN ANALYTICAL, EDUCATIONAL, OR
RESEARCH AND DEVELOPMENT LABORATORY, A LABORATORY SHALL
COMPLY WITH THE PROVISIONS OF 29 CFR 1910.1200.
(2) WITH RESPECT TO AN ANALYTICAL, EDUCATIONAL, OR
RESEARCH AND DEVELOPMENT LABORATORY, AN EMPLOYER SHALL
COMPLY WITH THE PROVISIONS OF 29 CFR 1910.1200(B)(3).
(D) [E] WITH REGARD TO THE PROVISIONS OF 29 CFR 1910.1200(1),
THE PARTY CLAIMING A TRADE SECRET HAS THE BURDEN OF PROVING
THE CLAIM.
32C.
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION
AND IN ADDITION TO THE REQUIREMENTS SET FORTH IN § 32B, AN
EMPLOYER SHALL COMPLY WITH §§ 32D THROUGH 32H OF THIS
SUBTITLE.
(B) SECTIONS 32D THROUGH 32H OF THIS SUBTITLE DO NOT APPLY
TO:
(1) ANY RAILROAD THAT IS SUBJECT TO THE FEDERAL
RAILROAD SAFETY ACT OF 1970 AND THE JURISDICTION OF THE
FEDERAL RAILROAD ADMINISTRATION;
(2) ANY LANDFILL IN THE STATE;
(3) ANY PERSON WHO:
(I) IS ENGAGED IN THE BUSINESS OF PROVIDING
- 635 -
|