Legislation
SECTION 4803
Records and reports
Public Health (PBH) CHAPTER 45, ARTICLE 48
§ 4803. Records and reports. 1. Upon request by the commissioner,
employers shall provide to the commissioner copies of employee health
and exposure records maintained and supplied to the federal government
by employers as mandated under the following federal statutes and
regulations except as access by third parties may be limited therein:
(a) Toxic Substances Control Act;
(b) Occupational Safety and Health Act;
(c) Environmental Pesticide Control Act; and
(d) Nuclear Regulatory Commission, 10CFR section 20.102-20.409.
2. Upon request by the commissioner employers shall provide the names
and addresses of present and former employees whenever the commissioner
determines that there is a health risk or disease relating to the
exposure of employees to a toxic substance or toxic substances.
3. The commissioner shall not release any information with identifying
names. The commissioner may, however, publish analyses of such reports
and information from time to time for scientific and public health
purposes, in such a manner as to assure that the identities of the
individuals concerned cannot be ascertained and that information
protected by applicable trade secret law is not divulged.
4. The commissioner may require an employer to keep records of his
employees' use of specific toxic substances when there is scientific
evidence to question the efficacy of the current threshold limit values
for those substances. Such records shall be held solely for the purpose
of conducting epidemiologic research on occupational health.
employers shall provide to the commissioner copies of employee health
and exposure records maintained and supplied to the federal government
by employers as mandated under the following federal statutes and
regulations except as access by third parties may be limited therein:
(a) Toxic Substances Control Act;
(b) Occupational Safety and Health Act;
(c) Environmental Pesticide Control Act; and
(d) Nuclear Regulatory Commission, 10CFR section 20.102-20.409.
2. Upon request by the commissioner employers shall provide the names
and addresses of present and former employees whenever the commissioner
determines that there is a health risk or disease relating to the
exposure of employees to a toxic substance or toxic substances.
3. The commissioner shall not release any information with identifying
names. The commissioner may, however, publish analyses of such reports
and information from time to time for scientific and public health
purposes, in such a manner as to assure that the identities of the
individuals concerned cannot be ascertained and that information
protected by applicable trade secret law is not divulged.
4. The commissioner may require an employer to keep records of his
employees' use of specific toxic substances when there is scientific
evidence to question the efficacy of the current threshold limit values
for those substances. Such records shall be held solely for the purpose
of conducting epidemiologic research on occupational health.