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.]