DLLR's Division of Labor and Industry |
|
| |
Five Most Frequently Heard Misconceptions About the Employee
Right-to-Know Law - Right-to-Know - Access to Information About Hazardous and Toxic Substances - Maryland
Occupational Safety and Health (MOSH)
|
| |
- "We don't have any hazardous chemicals in our workplace."
Most places of employment in the State have some substances that meet the
definition of a hazardous chemical. Products such as paints,
glues, cleaning solutions, compressed gases, floor cleaners,
and many other commonly found substances generally are considered
hazardous chemicals under the Employee Right-to-Know Law.
- "We only use small quantities of hazardous chemicals; we don't have any 55 gallon drums
of chemicals."
This law does not contain quantity or size limitations. If you use or store
hazardous chemicals in your workplace, you must comply with this law.
- "We already filed the form you sent us about hazardous waste."
The Employee Right-to-Know Law is separate and distinct from other laws
relating to hazardous chemicals administered by the Department
of the Environment. Submitting the "Inventory Report
for the State Toxic Substances Registry System", the
"Generator Annual Hazardous Waste Report" or the
"Emergency and Hazardous Chemical Inventory Form"
required by SARA, does not satisfy the requirements of this law.
- "There are no penalties associated with violating the law! I received
a citation but it was just a warning."
Wrong! The Employee Right-to-Know Law is an integral part of the MOSH Law. All
the procedures and most of the penalties in the MOSH Law may
be applied in cases of violations. Since 1984, citations have
been issued for nearly 8,000 serious violations of this law,
all of them with accompanying penalties.
In addition, any citation, including other-than-serious violations, creates
a record that a violation has been found. Failure to correct
that violation can carry penalties up to $7,000 per day of
non-compliance. Repeated violations also can carry substantial penalties.
- "I am not a chemist. I can't possibly be expected to know anything
about hazardous and toxic substances."
You don’t have to be a chemist to comply with the Right-to-Know Law. Generally,
you will be able to obtain the information you need about
hazardous or toxic substances from your manufacturer or distributor,
who is required by Maryland law to provide you with material
safety data sheets for the products you purchase.
|
| |
IF YOU:
- use or store, handle, package or repackage, distribute,
import or sell any hazardous substance, and
- have one or more employees,
AND IF YOU HAVE NOT:
- compiled and submitted a chemical information list,
- ensured that material safety data sheets are available,
- trained your employees, or
- prepared and implemented a written hazard communication program,
Please carefully review the requirements of the law
and take appropriate steps to comply.
|
|
|
| |
| Return to top of page
|
|
|
| |
