1. (a) The Commissioner may require, by regulation, that an employer:

   1. (1) measure or monitor employee exposure to a potentially toxic material or harmful physical agent; and
   2. (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.
2. (b) An employer shall give an employee or representative of an employee an opportunity to observe each measurement or monitoring under this section.

3. (c) 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. (1) promptly shall give the employee notice; and
   2. (2) shall inform the employee of each corrective action being taken.

4. (d)

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

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991.

Formerly Art. 89, § 33.