The Commissioner may require, by regulation, that an employer: measure or monitor employee exposure to a potentially toxic material or harmful physical agent; and keep an accurate record of employee exposure to a toxic material or harmful physical agent that the employer is required to measure or monitor. An employer shall give an employee or representative of an employee an opportunity to observe each measurement or monitoring under this section. 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: promptly shall give the employee notice; and shall inform the employee of each corrective action being taken. 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. Each employee or representative of an employee shall have access to each record kept under subsection (a) of this section.

Subject to paragraph (2) of this subsection, the Commissioner may require, by regulation, that an employer keep: an accurate record of: each work–related death; each work–related illness; and each work–related injury other than a minor injury that requires only first aid treatment and does not involve loss of consciousness, medical treatment, restriction of motion or work, or transfer to another job; and each other record about an activity of the employer under this title that the Commissioner considers appropriate or necessary to develop information about the causes and prevention of occupational accidents, illnesses, and injuries. The Commissioner shall require by regulation that each public body keep an accurate record of the information described under paragraph (1) of this subsection. Each employer shall make available to the Commissioner each record that the employer is required to keep under subsection (a)(2) of this section. An employer shall report orally to the Commissioner an employment accident within 8 hours after it occurs if the accident results in: the death of an employee; or hospitalization of at least three employees.

The Commissioner may require, by regulation, that an employer keep each record about an activity of the employer that relates to this title as the Commissioner considers appropriate or necessary to enforce this title. Each employer shall make available to the Commissioner each record that the employer is required to keep under this section.

The Commissioner may require, by regulation, that an employer submit reports on the basis of the records that the employer keeps under this title.