§ 5-406. Submission on documents and role of Department of Environment  


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  •    (a) Submission of documents. --

       (1) Within 15 days after an employer prepares or revises a chemical information list, the employer shall submit a copy of the list to the Department of the Environment.

       (2) Within 5 working days after an employer receives a written request from the Department of the Environment for a copy of a material safety data sheet, the employer shall submit to the Department a copy of that sheet.

    (b) Duty to review; notice to Commissioner. -- The Department of the Environment shall:

       (1) review, for completeness and sufficiency, each:

          (i) chemical information list that an employer submits under subsection (a) of this section; and

          (ii) material safety data sheet that the Department requests; and

       (2) give the Commissioner notice of any noncompliance.

    (c) Access to information. -- The Department of the Environment shall provide access to information on a chemical information list only to:

       (1) a person who provides fire, ambulance, or rescue service for the appropriate geographic area;

       (2) a nurse, physician, or physician assistant who is treating an individual in a medical emergency;

       (3) a former employee of an inactive employer;

       (4) the Commissioner; and

       (5) an independent contractor or employer as provided in § 5-408 of this subtitle.

    (d) Confidentiality. -- Except as provided in subsections (b) and (c) of this section and § 6-503 of the Environment Article, the Department of the Environment:

       (1) shall treat as confidential information in a chemical information list; and

       (2) may not disclose the information:

          (i) in any civil proceeding; or

          (ii) to any person.


HISTORY: An. Code 1957, art. 89, § 32E; 1991, ch. 8, § 2.