§ 5-701. Toxic materials and harmful agents

   (a) Duty to monitor and keep records. -- The Commissioner may require, by regulation, that an employer:

   (1) measure or monitor employee exposure to a potentially toxic material or harmful physical agent; and

   (2) keep an accurate record of employee exposure to a toxic material or harmful physical agent that the employer is required to measure or monitor.

(b) Observation. -- An employer shall give an employee or representative of an employee an opportunity to observe each measurement or monitoring under this section.

(c) Notice about exposure. -- If an employee is exposed to a potentially toxic material or harmful physical agent in a concentration or level that exceeds the level allowed under an applicable occupational safety and health standard, the employer of the employee:

   (1) promptly shall give the employee notice; and

   (2) shall inform the employee of each corrective action being taken.

(d) Access to record. --

   (1) Each employee or former employee shall have access to each record that indicates exposure of the employee or former employee to a toxic material or harmful agent.

   (2) Each employee or representative of an employee shall have access to each record kept under subsection (a) of this section.

HISTORY: An. Code 1957, art. 89, § 33; 1991, ch. 8, § 2.