Current through L. 2024, c. 185.
(a) Employers shall keep and file all reports and records required under the Act and any reports and records that the Commissioner or the Secretary of Human Services may require by rule.(b) The Commissioner shall make such reports to the Secretary of the U.S. Department of Labor in such form and containing such information as the Secretary shall require.(c)(1)(A) Each employer shall make, keep, preserve, and make available to the Secretary of the U.S. Department of Labor or the Secretary of the U.S. Department of Health and Human Services such records regarding the employer's activities relating to the Act as the Secretary of the U.S. Department of Labor, in cooperation with the Secretary of the U.S. Department of Health and Human Services, may prescribe by regulation as necessary or appropriate for the enforcement of the Act or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this subdivision, such regulations may include provisions requiring employers to conduct periodic inspections.(B) The Commissioner shall also adopt rules requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this Code, including the provisions of applicable standards.(2) The Commissioner, in cooperation with the Secretary, shall adopt rules requiring employees to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents that are required to be monitored or measured under section 224 of this subchapter. The rules shall provide employees or their representative with an opportunity to observe the monitoring or measuring, and to have access to the records thereof. The rules shall also make appropriate provision for each employee or former employee to have access to records relating to the employee's own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels that exceed those prescribed by an applicable occupational safety and health standard adopted under section 224 of this subchapter and shall inform any employee who is being thus exposed of the corrective action being taken.Amended by 2024 , No. 85, § 73, eff. 7/1/2024.Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 19.