HARRY HUGHES, Governor                                    2547

(C)  IF THE HAZARDOUS CHEMICAL IS REGULATED BY THE UNITED
STATES OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION IN A
SUBSTANCE-SPECIFIC HEALTH STANDARD, THE CHEMICAL MANUFACTURER,
IMPORTER, DISTRIBUTOR, OR EMPLOYER SHALL ENSURE THAT THE LABELS
OR OTHER FORMS OF WARNING USED ARE IN ACCORDANCE WITH THE
REQUIREMENTS OF THAT STANDARD.

(D)  EXCEPT AS PROVIDED IN SUBSECTIONS (E) AND (F) OF THIS
SECTION, THE EMPLOYER SHALL ENSURE THAT EACH CONTAINER OF
HAZARDOUS CHEMICALS IN THE WORK PLACE IS LABELED, TAGGED, OR
MARKED WITH THE FOLLOWING INFORMATION:

(1)  IDENTITY OF THE HAZARDOUS CHEMICAL CONTAINED
THEREIN; AND

(2)  APPROPRIATE HAZARD WARNINGS.

(E)  AN EMPLOYER MAY USE A SIGN, PLACARD, PROCESS SHEET,
BATCH TICKET, OPERATING PROCEDURE, OR OTHER SUCH WRITTEN MATERIAL
IN LIEU OF AFFIXING A LABEL TO AN INDIVIDUAL STATIONARY PROCESS
CONTAINER, AS LONG AS THE ALTERNATIVE METHOD IDENTIFIES THE
CONTAINER TO WHICH IT IS APPLICABLE AND CONVEYS THE INFORMATION
REQUIRED BY SUBSECTION (D) OF THIS SECTION TO BE ON A LABEL. THE
WRITTEN MATERIAL SHALL BE READILY ACCESSIBLE TO AN EMPLOYEE IN
THE WORK AREA THROUGHOUT EACH WORK SHIFT.

(F)  AN EMPLOYER IS NOT REQUIRED TO LABEL A PORTABLE
CONTAINER INTO WHICH A HAZARDOUS CHEMICAL IS TRANSFERRED FROM A
LABELED CONTAINER, AND WHICH IS INTENDED ONLY FOR THE IMMEDIATE
USE OF THE EMPLOYEE WHO PERFORMS THE TRANSFER.

(G)  AN EMPLOYER SHALL ENSURE THAT A LABEL OR OTHER FORM OF
WARNING IS LEGIBLE, IN ENGLISH, AND PROMINENTLY DISPLAYED ON THE
CONTAINER, OR READILY AVAILABLE IN THE WORK AREA THROUGHOUT EACH
WORK SHIFT. AN EMPLOYER HAVING EMPLOYEES WHO SPEAK OTHER
LANGUAGES MAY ADD THE INFORMATION IN THE OTHER LANGUAGE TO THE
MATERIAL PRESENTED TO EMPLOYEES, AS LONG AS THE INFORMATION IS
ALSO PRESENTED IN ENGLISH.

(H) AN EMPLOYER NEED NOT AFFIX NEW LABELS TO COMPLY WITH
THIS SECTION IF EXISTING LABELS ALREADY CONVEY THE REQUIRED
INFORMATION.

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;