Title 5. Occupational Safety and Health — Subtitle 4. Access to Information About Hazardous and Toxic Substances
Statutes in effect as of October 1, 2026.
Md. Code Ann., Lab. & Empl. § 5-401 (2026)
Title 5. Occupational Safety and Health
Subtitle 4. Access to Information About Hazardous and Toxic Substances
§ 5–401LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
(1)
“Employee” means an employee (as defined in § 5-101 of this title) or former employee when the individual may be exposed under normal operating conditions or foreseeable emergencies.
(2)
“Employee” includes:
(i)
a line supervisor;
(ii)
a maintenance worker;
(iii)
a member or former member of a volunteer fire, ambulance, or rescue company;
(iv)
operating personnel; and
(v)
a production worker.
(c)
(1)
“Employer” means an employer (as defined in § 5-101 of this title) and includes a volunteer fire, ambulance, or rescue company.
(2)
“Employer” does not include a farmer who:
(i)
uses a hazardous chemical in farming; and
(ii)
complies with the applicable requirements of the Federal Insecticide, Fungicide, and Rodenticide Act.
Md. Code Ann., Lab. & Empl. § 5-402 (2026)
Title 5. Occupational Safety and Health
Subtitle 4. Access to Information About Hazardous and Toxic Substances
§ 5–402LinkCopy Citation
Sections 5-404 through 5-409 of this subtitle do not apply to:
(1)
a railroad that is subject to the Federal Railroad Safety Act of 1970 and the jurisdiction of the Federal Railroad Administration;
(2)
a landfill in the State;
(3)
a person who:
(i)
is engaged in the business of providing commercial or residential garbage and refuse pickup and disposal service while actually engaging in the pickup and disposal of garbage and refuse; and
(ii)
does not pick up, transport, treat, store, or dispose of controlled hazardous substances that are regulated under Title 7, Subtitle 2 of the Environment Article; or
(4)
an analytical, educational, or research and development laboratory.
Md. Code Ann., Lab. & Empl. § 5-403 (2026)
Title 5. Occupational Safety and Health
Subtitle 4. Access to Information About Hazardous and Toxic Substances
§ 5–403LinkCopy Citation
(a)
Except as otherwise provided in this section, an employer, chemical manufacturer, importer, or distributor shall comply with all applicable provisions of the United States Department of Labor, Occupational Safety and Health Administration, “Hazard Communication Standard”, 29 C.F.R. 1910.1200, as published at 52 Federal Register No. 163, August 24, 1987, pages 31876 through 31886, and, as adopted by the Commissioner, all subsequent amendments.
(b)
(1)
If a term is used in 29 C.F.R. 1910.1200 and defined in § 5-401 of this subtitle, the term has the meaning stated in § 5-401.
(2)
When used in 29 C.F.R. 1910.1200, the terms “Assistant Secretary of Labor for OSHA” and “Director of the National Institute for Occupational Safety and Health” shall be interpreted to mean the Commissioner or a designated representative of the Commissioner.
(c)
The exclusion for wood and wood products set forth in 29 C.F.R. 1910.1200(b)(6)(iii) does not apply in Maryland.
(d)
(1)
Except for an analytical, educational, or research and development laboratory, a laboratory shall comply with 29 C.F.R. 1910.1200.
(2)
An employer that is an analytical, educational, or research and development laboratory shall comply with 29 C.F.R. 1910.1200(b)(3).
(e)
The party who claims a trade secret under 29 C.F.R. 1910.1200(i) has the burden of proving the claim.
Md. Code Ann., Lab. & Empl. § 5-404 (2026)
Title 5. Occupational Safety and Health
Subtitle 4. Access to Information About Hazardous and Toxic Substances
§ 5–404LinkCopy Citation
(a)
An employer may not ask or require an employee to waive any right under this subtitle or 29 C.F.R. 1910.1200.
(b)
A waiver of a right under this subtitle or 29 C.F.R. 1910.1200 is void.
Md. Code Ann., Lab. & Empl. § 5-405 (2026)
Title 5. Occupational Safety and Health
Subtitle 4. Access to Information About Hazardous and Toxic Substances
§ 5–405LinkCopy Citation
(a)
This section does not apply to a consumer product or foodstuff that is:
(1)
packaged for distribution to and intended for use by the general public; and
(2)
handled unopened or stored unopened in a retail establishment, including its storeroom or warehouse.
(b)
(1)
To comply with the requirements of 29 C.F.R. 1910.1200(e)(1)(i) for a list of hazardous chemicals, each employer shall 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 of the employer.
(2)
Within 30 days after a hazardous chemical is introduced into the workplace of an employer, the employer shall add the hazardous chemical to the chemical information list. The employer need not place the hazardous chemical alphabetically on the chemical information list until the employer next revises the list as required under paragraph (3) of this subsection.
(3)
Every 2 years, an employer shall revise the chemical information list.
(c)
For each hazardous chemical on a chemical information list, the list shall:
(1)
contain its chemical and common names; and
(2)
identify each work area where the hazardous chemical is found.
(d)
Each compilation of a chemical information list and each revision under subsection (b) of this section shall list the hazardous chemicals on the list in alphabetical order according to common name.
(e)
(1)
Each employer shall keep, for at least 40 years, each chemical information list that the employer compiles or revises.
(2)
(i)
If an employer’s business ceases to operate or formulate, handle, manufacture, package, process, react, repackage, store, or transfer hazardous chemicals in a workplace regulated under this subtitle, the employer promptly shall submit the most recent chemical information list to the Maryland Department of Labor.
(ii)
The Maryland Department of Labor shall keep, for at least 40 years, the chemical information list that the employer provides under subparagraph (i) of this paragraph.
Md. Code Ann., Lab. & Empl. § 5-407 (2026)
Title 5. Occupational Safety and Health
Subtitle 4. Access to Information About Hazardous and Toxic Substances
§ 5–407LinkCopy Citation
(a)
(1)
An employee or designated representative may ask an employer for:
(i)
access to a chemical information list maintained by the employer; and
(ii)
a copy of the chemical information list or any material safety data sheet in the workplace of the employee.
(2)
An employer shall comply with a request under this subsection:
(i)
for access, in the workplace of the employee, within 1 working day after a request; and
(ii)
for a copy, within 5 days after a request.
(3)
To comply with a request for a copy, an employer shall 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.
(4)
An employer shall make the material safety data sheet readily accessible in accordance with 29 C.F.R. 1910.1200(g)(8).
(5)
If an employer fails to comply with this subsection, an employee who requests the information may refuse to work with the hazardous chemical for which the chemical information list or material safety data sheet was requested.
(b)
On receipt of a written request, an employer or, if the employer’s business has ceased operating as described in § 5–405(e)(2) of this subtitle, the Maryland Department of Labor shall provide access to information on a chemical information list to:
(1)
an individual who provides fire, ambulance, or rescue service for the appropriate geographic area;
(2)
a nurse, physician, or physician’s assistant who is providing emergency medical treatment;
(3)
the Commissioner;
(4)
a former employee;
(5)
an independent contractor or employer;
(6)
any environmental, civic, or consumer organization in the State; and
(7)
any individual who lives:
(i)
in a local community where a business stores, produces, or locates hazardous or toxic chemicals; or
(ii)
in the nearest local community to a business that stores, produces, or locates hazardous or toxic chemicals.
Md. Code Ann., Lab. & Empl. § 5-408 (2026)
Title 5. Occupational Safety and Health
Subtitle 4. Access to Information About Hazardous and Toxic Substances
§ 5–408LinkCopy Citation
(a)
An independent contractor to whom this subtitle applies or an employer:
(1)
before commencement of work at a workplace, shall provide information compiled under § 5–405 of this subtitle to any other employer whose workplace is the site of work being performed by the independent contractor or employer; and
(2)
on request, shall provide material safety data sheets 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.
(b)
Before commencement of work by an independent contractor, any employer who employs the independent contractor shall provide information required under § 5–405 of this subtitle and 29 C.F.R. 1910.1200(g) for the workplace at which the independent contractor will work.
(c)
A general contractor or its representative shall designate, for each construction site, a common location where each independent contractor or employer shall leave the chemical information list of the contractor or employer before the contractor begins work at the site.
Md. Code Ann., Lab. & Empl. § 5-409 (2026)
Title 5. Occupational Safety and Health
Subtitle 4. Access to Information About Hazardous and Toxic Substances
§ 5–409LinkCopy Citation
(a)
In this section, “fire department official”:
(1)
means an individual who is responsible for the administration of a fire department in a political subdivision or a designee of the individual; and
(2)
includes a fire administrator or fire chief.
(b)
On request, an employer shall give a fire department official:
(1)
a list of work areas, identified by name and location, and the appropriate chemical information list for each work area; and
(2)
a material safety data sheet for each hazardous chemical included on the chemical information list.
(c)
On notice, the employer at a retail establishment shall allow a fire department official to have access to the establishment, during normal business hours, to develop prefire strategy.
(d)
(1)
Except as provided in paragraph (2) of this subsection, information submitted or made available under this section is privileged and may not be disclosed to any person or in any civil proceeding.
(2)
A fire department official who obtains information under subsection (b) of this section shall make the information available, on request, to an ambulance squad, fire inspection, fire suppression, or rescue squad unit within the same jurisdiction.
Md. Code Ann., Lab. & Empl. § 5-410 (2026)
Title 5. Occupational Safety and Health
Subtitle 4. Access to Information About Hazardous and Toxic Substances
§ 5–410LinkCopy Citation
The criminal penalty under § 5-804 of this title does not apply to a violation that arises under §§ 5-404 through 5-409 of this subtitle.