HARRY HUGHES, Governor                                       3039

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) AN EMPLOYER SHALL SUBMIT A COPY OF ANY MATERIAL SAFETY
DATA SHEET REQUESTED IN WRITING BY THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE, WITHIN 5 WORKING DAYS OF RECEIVING THE REQUEST.

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

(1) Review the CHEMICAL LIST AND ANY REQUESTED
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.

32K.

(a) An independent contractor or employer to whom this
subtitle is applicable shall:

(1) [provide] PROVIDE information compiled pursuant
to [§]§ 32E [and 32F] of this subtitle to any other employer
whose workplace is the site of work being performed by the
independent contractor or employer, prior to commencement of work
at the workplace; AND