Section 5-701 - Toxic materials and harmful agents.

§ 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. 
 

[An. Code 1957, art. 89, § 33; 1991, ch. 8, § 2.]