Throughout the Access to Information about Hazardous and Toxic Substances Law, there
are references to the "identity" of a chemical. For example, the
manufacturer is required to include the identity of the hazardous chemical on the
label and the material safety data sheet.
"Identity" is defined in 29 CFR 1910.1200 as:
"any chemical or common name which is indicated on the material safety data sheet
(MSDS) for the chemical. The identity used shall permit cross-references to be made among
the required list of hazardous chemicals, the label and MSDS."
The law requires an employer to compile and maintain a chemical information list that
contains the common name, chemical name, and work area for each hazardous chemical used or
stored in a workplace. However, a list is not required in work operations where employees
handle chemicals only in sealed containers which are not opened under normal conditions of
use, such as are found in warehousing or retail sales. The standard contains the following
- Chemical name means the scientific designation of a chemical in accordance with the
nomenclature system developed by the International Union of Pure and Applied Chemistry
(IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name which
will clearly identify the chemical for the purpose of conducting a hazard evaluation.
- Common name means any designation or identification such as code name, code number,
trade name, brand name or generic name used to identify a chemical other than by its
- Work area means a room or defined space in a workplace where hazardous chemicals are
produced or used, and where employees are present.
- Workplace means an establishment, job site, or project, at one geographical location
containing one or more work areas.
A copy of the completed chemical information list, arranged in alphabetical order by
common name, must be sent to:
Maryland Department of the Environment
Science Services Administration
Community Right-To-Know Section
1800 Washington Boulevard, Suite 540
Baltimore, Maryland 21230-1718
Each chemical information list must be revised, re-alphabetized and resubmitted to the
Maryland Department of the Environment every two years. If a new chemical is introduced to
the workplace, it must be added to the chemical information list within 30 days, with the
date of the addition noted. All additions must be placed on the list in alphabetical order
at the next two-year revision of the list.
The employer must maintain each chemical information list for 40 years.