Maryland incorporates by reference the federal regulations for hazard communication (HAZCOM); however, the state adds further requirements regarding access to information about hazardous and toxic substances. Click the link(s) below to view the applicable requirements.
Hazard communication
Citations
Maryland: ACM, Labor and Employment, Title 5, Subtitle 4, Access to Information about Hazardous and Toxic Substances ACM Sections 5-401-410
Federal: 29 CFR 1910.1200 and Appendices A through E
A summary of the additional requirements includes the following:
- The exclusion for wood and wood products in 29 CFR 1910.1200(b)(6)(iii) does not apply in Maryland.
- Laboratories must comply with 29 CFR 1910.1200 except for analytical, educational, or research and development laboratories, which must only comply with 29 CFR 1910.1200(b)(3).
- A party who claims a trade secret under 29 CFR 1910.1200(i) has the burden of proving the claim.
- Each employer must compile and maintain a chemical information list for each hazardous chemical that is formulated, handled, manufactured, packaged, processed, reacted, repackaged, stored, or transferred in the workplace. A chemical must be added to the chemical information list within 30 days after its introduction into the workplace. The chemical information list must be revised every 2 years. For each hazardous chemical on the list, the list must contain its chemical and common names, and identify each work area where the hazardous chemical is found. The list must be kept for at least 40 years.
- Employees or their designated representatives must be provided, upon request, with access to and/or a copy of the chemical information list or any MSDS in the workplace. Employers must comply with an employee’s request for access, in the workplace of the employee, within 1 working day after a request, and for a copy, within 5 days after a request. To comply with a request for a copy, employers must provide, without charge to the employee or designated representative, the copy or the mechanical means to produce the copy. If, during a calendar year, more than 1 copy is requested for an employee the employer may assess a reasonable charge for each additional copy.
- Independent contractors or employers, before commencement of work at a workplace, must provide the hazardous chemical list to any other employer whose workplace is the site of work being performed by the independent contractor or employer, and on request must provide MSDSs for each hazardous chemical identified on the chemical information list to any other employer whose workplace is the site of the work being performed by the independent contractor or employer, within 1 working day after the request.
- Before commencement of work by an independent contractor, any employer who employs the independent contractor must provide chemical list information and the information required under 29 CFR 1910.1200(g) for the workplace at which the independent contractor will work. A general contractor or its representative must designate, for each construction site, a common location where each independent contractor or employer will leave the chemical information list of the contractor or employer before the contractor begins work at the site.
- On request, employers must give a fire department official a list of work areas, identified by name and location, and the appropriate chemical information list for each work area, and an MSDS for each hazardous chemical included on the chemical information list.
- On notice, the employer at a retail establishment must allow a fire department official to have access to the establishment, during normal business hours, to develop prefire strategy.
