2552

LAWS OF MARYLAND

Ch. 463

(D) IN NONEMERGENCY SITUATIONS, A MANUFACTURER OR EMPLOYER
SHALL, UPON REQUEST, DISCLOSE A SPECIFIC CHEMICAL IDENTITY,
OTHERWISE PERMITTED TO BE WITHHELD UNDER THIS SECTION, TO A
PHYSICIAN, REGISTERED NURSE, PHYSICIAN'S ASSISTANT, INDUSTRIAL
HYGIENIST, TOXICOLOGIST, OR EPIDEMIOLOGIST PROVIDING MEDICAL OR
OTHER OCCUPATIONAL HEALTH SERVICES TO AN EXPOSED EMPLOYEE IF:

(1)  THE REQUEST IS IN WRITING;

(2)  THE REQUEST DESCRIBES WITH REASONABLE DETAIL 1 OR
MORE OF THE FOLLOWING OCCUPATIONAL HEALTH NEEDS FOR THE
INFORMATION:

(I)  TO ASSESS THE HAZARD OF THE CHEMICAL TO
WHICH AN EMPLOYEE WILL BE EXPOSED;

(II)  TO CONDUCT OR ASSESS SAMPLING OF THE WORK
PLACE ATMOSPHERE TO DETERMINE EMPLOYEE EXPOSURE LEVELS;

(III)  TO CONDUCT PRE-ASSIGNMENT OR PERIODIC
MEDICAL SURVEILLANCE OF EXPOSED EMPLOYEES;

(IV)  TO PROVIDE MEDICAL TREATMENT TO AN EXPOSED
EMPLOYEE;

(V)  TO SELECT OR ASSESS APPROPRIATE PERSONAL
PROTECTIVE EQUIPMENT FOR EXPOSED EMPLOYEES;

(VI)  TO DESIGN OR ASSESS ENGINEERING CONTROLS
OR OTHER PROTECTIVE MEASURES FOR EXPOSED EMPLOYEES; AND

(VII)  TO CONDUCT STUDIES TO DETERMINE THE
HEALTH EFFECTS OF EXPOSURE;

(3)  THE REQUEST EXPLAINS IN DETAIL WHY THE DISCLOSURE
OF THE SPECIFIC CHEMICAL IDENTITY IS ESSENTIAL AND THAT, IN LIEU
THEREOF, THE DISCLOSURE OF THE FOLLOWING INFORMATION WOULD NOT
ENABLE THE HEALTH PROFESSIONAL TO PROVIDE THE OCCUPATIONAL HEALTH
SERVICES DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION:

(I)  THE PROPERTIES AND EFFECTS OF THE CHEMICAL;

(II)  MEASURES FOR CONTROLLING WORKER'S EXPOSURE
TO THE CHEMICAL;

(III)  METHODS OF MONITORING AND ANALYZING
WORKER EXPOSURE TO THE CHEMICAL; AND

(IV)  METHODS OF DIAGNOSING AND TREATING HARMFUL
EXPOSURES TO THE CHEMICAL;

(4)  THE REQUEST INCLUDES A DESCRIPTION OF THE
PROCEDURES TO BE USED TO MAINTAIN THE CONFIDENTIALITY OF THE
DISCLOSED INFORMATION; AND