Md. Code, Labor and Employment, Title 5

Md. Code, Labor and Employment, Title 5
in effect

Md. Code, Labor and Employment § 5-101

(a) In this title the following words have the meanings indicated. (b) “Commissioner” means the Commissioner of Labor and Industry. (c) (1) “Employee” means, except as provided in § 5–401 of this title, an individual whom an employer employs, for a wage or other compensation, in the business of the employer. (2) “Employee” includes: (i) an individual whom a public body employs; (ii) an individual who is licensed as a taxicab driver and leases or rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; (iii) an individual who is employed for part–time or temporary help by a public body or person who engages in a business that directly employs individuals to provide part–time or temporary help to another public body or person; and (iv) an individual who performs work for a public body or person to whom the individual is provided by another public body or person who engages in a business that directly employs individuals to provide part–time or temporary help. (d) (1) “Employer” means: (i) except as provided in § 5–401 of this title, a person who is engaged in commerce, industry, trade, or other business in the State and employs at least one employee in that business; or (ii) a public body. (2) “Employer” includes: (i) a person who operates or owns a taxicab business in Baltimore City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the public; (ii) a public body or person who engages in a business that directly employs individuals to provide part–time or temporary help to another public body or person; and (iii) a public body or person who contracts directly with another public body or person who engages in a business that directly employs individuals to provide part–time or temporary help to another public body or person. (e) “Occupational safety and health standard” means a regulation that requires: (1) a condition that is reasonably appropriate or necessary to make employment and places of employment safe and healthful; or (2) the adoption or use of a means, method, operation, practice, or process that is reasonably appropriate or necessary to make employment and places of employment safe and healthful. (f) “Person” includes a successor. (g) “Place of employment” means a place in or about which an employee is allowed to work. (h) “Public body” means: (1) a governmental unit; (2) a public or quasi–public corporation of the State; (3) a school district in the State or any unit of the district; or (4) a special district in the State or any unit of the district. (i) (1) “Workplace violence” means an act of violence or a threat of violence that occurs at a place of employment and that is not a lawful act of self–defense or defense of another person. (2) “Workplace violence” includes, regardless of whether the employee is physically or psychologically injured: (i) using or threatening to use physical force against an employee; or (ii) an incident involving the use of or threatening the use of a firearm or other dangerous weapon.

Md. Code, Labor and Employment § 5-102

(a) The General Assembly finds that: (1) personal injuries and illnesses that arise out of conditions of employment substantially burden employers and employees in terms of lost production, medical expenses, disability compensation payments, and lost wages; (2) the prevention of these injuries and illnesses is in the best interest and welfare of the people and the State; and (3) public bodies should be leaders in creating and maintaining safe and healthy workplaces. (b) The purposes of this title are to ensure, to the extent practicable, that each working individual in the State has working conditions that are safe and healthful and to preserve human resources by: (1) providing that employers and employees have separate but dependent responsibilities and rights with respect to making working conditions safe and healthful; (2) providing for the development and adoption of occupational safety and health standards, including standards that address workplace violence; (3) providing for training and other education of personnel so that occupational safety and health standards are administered fairly and efficiently; (4) providing an effective compliance and enforcement program under this title; (5) encouraging employers and employees to: (i) reduce the number of occupational health and safety hazards at their places of employment; and (ii) create or improve programs to make working conditions safe and healthful; (6) encouraging joint efforts of labor and management to reduce diseases and injuries that arise out of employment; (7) building on advances already made through the initiatives of employers and employees to make working conditions safe and healthful; (8) developing innovative approaches, methods, and techniques to deal with occupational safety and health problems; (9) providing for research in the field of occupational safety and health; (10) conducting research on occupational health problems, including research to: (i) identify causal connections between diseases and work in environmental conditions; and (ii) explore ways to discover latent diseases; (11) providing medical criteria to ensure, to the extent practicable, that work does not diminish the functional capacity, health, or life expectancy of an employee; (12) providing for reporting procedures on occupational safety and health that are appropriate to help to achieve the purposes of this title and to describe accurately the nature of occupational safety and health problems; (13) providing for the dissemination of information about health and safety hazards posed by toxic and hazardous substances to which workers are exposed; (14) requiring employers to educate employees who work with hazardous substances about the hazards of the substances and about safe procedures; (15) requiring employers to give information to public bodies that are charged with fire protection, to protect the health and safety of firefighters and the public; (16) providing information and incentives for employers and employees to make ridesharing arrangements; and (17) making workplaces of public bodies safer and more healthful by requiring: (i) public bodies to create or improve programs and plans related to workplace violence; (ii) that workplaces of public bodies be inspected regularly; and (iii) that workplaces of public bodies be maintained so that employees are provided places of employment that are safe, healthy, and productive over the course of their careers.

Md. Code, Labor and Employment § 5-103

(a) Except as provided in subsection (b) of this section, this title applies to the working conditions at each work place in the State. (b) This title does not apply to a working condition of: (1) an employee of the federal government or its units; or (2) an employee whose occupational safety and health is protected under: (i) the Federal Mine Safety and Health Act of 1977; (ii) the Longshore and Harbor Workers’ Compensation Act; or (iii) the Atomic Energy Act of 1954.

Md. Code, Labor and Employment § 5-104

(a) Each employer shall provide each employee of the employer with employment and a place of employment that are: (1) safe and healthful; and (2) free from each recognized hazard that is causing or likely to cause death or serious physical harm to the employee. (b) (1) Each employer shall comply with this title, each applicable regulation that the Commissioner adopts to carry out this title, and each applicable order that the Commissioner passes under this title. (2) Each employee shall comply with this title and, when applicable to the employee’s actions and conduct in the course of employment, each regulation that the Commissioner passes under this title. (c) (1) Each employer shall keep its employees informed of their protections and duties under this title, including each applicable occupational safety and health standard, by: (i) posting notice where notices to employees normally are posted; or (ii) using other appropriate means. (2) In addition to the requirements under paragraph (1) of this subsection, each public body annually shall make available to each of its employees a copy of: (i) the report issued by the Commissioner under § 5–206(f) of this title; and (ii) citations issued by the Commissioner to the public body in the immediately preceding year, if any.

Md. Code, Labor and Employment § 5-202

(a) The Commissioner may delegate to the assistant commissioner for occupational safety and health any duty or function of the Commissioner under this title. (b) (1) The Commissioner may enter into a written agreement with a public body to delegate any power of inspection under this title. (2) An agreement under this subsection shall: (i) specify the procedure to be used in an inspection under the agreement; (ii) enable the Commissioner to monitor an inspection power under the agreement; and (iii) enable the Commissioner to revoke the agreement at any time.

Md. Code, Labor and Employment § 5-203

(a) To inspect excavation work for the Commissioner, the Commissioner may deputize an individual who: (1) is employed by a county, a municipal corporation, or the Washington Suburban Sanitary Commission or other similar authority; (2) has the approval of the chief of the unit for which the employee works; and (3) has attended a training course that the Division of Labor and Industry conducts and, on completion of the course, has passed an examination. (b) An individual deputized under subsection (a) of this section: (1) may inspect excavation work only in the county, municipal corporation, or other jurisdiction of any other authority that employs the individual; (2) has the authority of a safety inspector of the Division of Labor and Industry; and (3) shall report to the Commissioner on each action related to an inspection under this section, on a form that the Commissioner provides.

Md. Code, Labor and Employment § 5-204

(a) (1) The proposed budget of the Division of Labor and Industry shall include an appropriation from the Workers’ Compensation Commission to cover the cost of administering this title. (2) The Workers’ Compensation Commission shall pay the cost of administering this title from money that the Commission receives under § 9-316 of this article. (b) The Commissioner shall have the power and authority to receive and accept any grant of money from the federal government or any of its agents or units that Congress appropriates under the Occupational Safety and Health Act of 1970.

Md. Code, Labor and Employment § 5-205

(a) To carry out a duty or exercise a power under this title, the Commissioner or authorized representative of the Commissioner may: (1) administer oaths; (2) certify to an official act; or (3) depose witnesses. (b) (1) To administer or enforce this title, the Commissioner or an authorized representative of the Commissioner may issue a subpoena for the attendance of a witness to testify or the production of books, documents, papers, and records. (2) If a person fails to comply with a subpoena issued under this subsection or fails to testify on any matter on which the person lawfully may be interrogated, on a complaint filed by the Commissioner or an authorized representative of the Commissioner, the circuit court for the county where the person resides or is then present may pass an order directing compliance with the subpoena or compelling testimony. (c) After consultation with other appropriate units, the Commissioner shall conduct: (1) education programs to provide an adequate supply of qualified personnel to carry out this title; (2) informal programs on the importance of and proper use of adequate safety and health equipment; and (3) training programs of personnel engaged in work related to the responsibilities of the Commissioner under this title. (d) The Commissioner shall: (1) provide for establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employment covered by this title; and (2) consult with and advise employers and employees and organizations representing employers and employees about effective means to prevent occupational injuries and illnesses. (e) After consultation with other appropriate units, the Commissioner shall conduct demonstrations, experiments, and research that relate to: (1) occupational safety and health; and (2) innovative approaches, methods, and techniques to deal with occupational safety and health problems. (f) On the basis of demonstrations, experiments, research, and other available information, the Commissioner shall develop criteria for exposure to toxic materials and harmful physical agents at levels that are safe for various periods of employment, including levels at which no employee will suffer impaired health or functional capacity or diminished life expectancy as a result of work experience. (g) The Commissioner shall: (1) develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics; and (2) compile accurate statistics on: (i) work–related illnesses that are disabling, serious, or significant; and (ii) work–related injuries, whether or not involving loss of time from work, other than minor injuries that require only first aid treatment and do not involve loss of consciousness, medical treatment, restriction of motion or work, or transfer to another job. (h) With the consent of a public body, the Commissioner may use an employee, facility, or service of the public body, with or without reimbursement, to help the Commissioner carry out a function under this title. (i) (1) The Commissioner shall inspect, investigate, and review work practices and work sites of each employer and industry for evidence of excessive safety violations based on information made available by the Workers’ Compensation Commission under § 9–707 of this article. (2) If evidence of an excessive safety violation is found, the Commissioner shall seek appropriate relief under Subtitle 8 of this title. (3) Subject to § 2–1257 of the State Government Article, the Commissioner shall submit to the General Assembly an annual report of investigations under this subsection. (j) Whenever the Commissioner has reason to believe that a person has violated any provision of this title for which criminal prosecution is provided, the Commissioner shall refer the alleged violation to the State’s Attorney of the county where the violation allegedly occurred or the person resides. (k) The Commissioner shall: (1) assist employers in carrying out their responsibilities under this title; and (2) recommend and suggest to employers and groups of employers methods and procedures to develop safety programs to carry out those responsibilities. (l) On behalf of the Commissioner, the Safety Engineering and Education Service shall: (1) investigate and analyze the causes of industrial and occupational accidents; and (2) plan and conduct courses and programs that the service designs to reduce accidents. (m) In addition to any duties set forth elsewhere, each safety inspector shall be responsible for enforcement of safety codes in construction and any other hazardous industry in the State. (n) In addition to any other authority the Commissioner may exercise under this title, if, as a result of the exercise of the Commissioner’s authority under the provisions of this title, the Commissioner has reason to believe that a health care provider required under the Health Occupations Article to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions is not complying with those provisions, the Commissioner shall refer that suspected violation to the health care provider’s licensing board. (o) (1) In addition to any other authority the Commissioner may exercise under this title, if, as a result of the exercise of the Commissioner’s authority under the provisions of this title, the Commissioner has reason to believe that an employee or member of the medical staff involved in patient care services of the hospital, related institution, freestanding medical facility, or freestanding birthing center is not complying with the Centers for Disease Control and Prevention’s guidelines on universal precautions, the Commissioner shall refer that suspected violation to the chief executive officer of the hospital, related institution, freestanding medical facility, or freestanding birthing center. (2) In addition to any other authority the Commissioner may exercise under this title, if, as a result of the exercise of the Commissioner’s authority under the provisions of this title, the Commissioner has reasons to believe that a hospital, related institution, freestanding medical facility, or freestanding birthing center is demonstrating a willful and systematic disregard for the Centers for Disease Control and Prevention’s guidelines on universal precautions, the Commissioner shall refer that suspected violation to: (i) the Maryland Department of Health; and (ii) the chief executive officer of the hospital, related institution, freestanding medical facility, or freestanding birthing center. (p) In addition to any other authority the Commissioner may exercise under this title, the Commissioner shall enforce §§ 3–1603, 3–1605, and 3–1607 of this article.

Md. Code, Labor and Employment § 5-206

(a) In this section, “Unit” means the Public Employees’ Safety and Health Unit. (b) There is a Public Employees’ Safety and Health Unit in the Division of Labor and Industry. (c) The Commissioner shall be the head of the Unit. (d) The Commissioner shall provide for and maintain a comprehensive and effective program on occupational safety and health for employees of public bodies that is administered and enforced by the Unit. (e) The program under this section shall: (1) be generally consistent with this title; (2) require each public body to: (i) provide conditions and places of employment that are safe and healthful; (ii) develop, conduct, and maintain in each unit of the public body a program of self–inspection that the Commissioner approves and monitors; (iii) keep and make available to the Commissioner each record that the Commissioner requires under this title and for development of information about occupational accidents, illnesses, and injuries, to allow proper evaluation and necessary corrective action; and (iv) submit each report that the Commissioner requires; and (3) in addition to a self–inspection required under item (2)(ii) of this subsection, include an inspection program developed, conducted, and maintained by the Unit that otherwise complies with the inspection requirements of § 5–208 of this subtitle. (f) (1) Subject to paragraph (2) of this subsection, on or before July 1 each year the Commissioner shall publish online a written report on safety and health in public bodies. (2) The report under paragraph (1) of this subsection shall include: (i) a summary of the work and findings of the Unit; (ii) a summary of any new regulations adopted during the immediately preceding year; (iii) a summary of trending safety and health issues related to employees of public bodies; and (iv) a list of any: 1. hazardous workplace circumstances found at the workplaces of public bodies during the immediately preceding year; and 2. citations issued to public bodies during the immediately preceding year. (3) On or before July 1 each year, the Commissioner shall submit the report required to be published under paragraph (1) of this subsection to the General Assembly, in accordance with § 2–1257 of the State Government Article. (g) This section does not limit or preclude the Commissioner or an authorized representative of the Commissioner from inspecting a public body in accordance with any other provision under this title.

Md. Code, Labor and Employment § 5-207

(a) On request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit: (1) to enforce a decision of the Commissioner under this title; (2) subject to § 3–302 of the State Finance and Procurement Article, to collect a civil penalty that is assessed by order of the Commissioner under this title; or (3) to enforce any other order of the Commissioner under this title. (b) If the request under subsection (a) of this section concerns a public body, the Attorney General shall: (1) provide notice of the request to all affected employees of the public body and any employee representatives; and (2) provide notice of the request to the Governor, the President of the Senate, and the Speaker of the House of Delegates.

Md. Code, Labor and Employment § 5-208

(a) The Commissioner or authorized representative of the Commissioner may enter a place of employment where work is performed, without delay at any reasonable time, to: (1) inspect the place of employment; (2) investigate all pertinent apparatus, conditions, devices, equipment, materials, and structures at the place of employment; and (3) question privately an agent, employee, or employer. (b) (1) Subject to any regulation that the Commissioner adopts to carry out this title, a representative chosen by employees and a representative of the employer shall be given an opportunity to accompany the Commissioner or an authorized representative of the Commissioner during an inspection under this subtitle. (2) If there is no authorized employee representative, the Commissioner shall consult with a reasonable number of employees about safety and health in the place of employment. (c) (1) Before or during an inspection, an employee or authorized representative of employees in a place of employment or authorized representative of the Commissioner may give the Commissioner written notice of any violation of this title that the employee or representative has reason to believe exists at the place of employment of the employee. (2) The Commissioner shall set, by regulation, procedures for informal review of any refusal to issue a citation on the basis of notice under this subsection. (3) If an employee or authorized representative of employees asks for informal review under this subsection, the Commissioner shall give the employee or representative a written statement of the reasons for the final disposition.

Md. Code, Labor and Employment § 5-209

(a) An employee or authorized representative of employees may request inspection of a place of employment if the employee or representative believes, in good faith, that: (1) there is imminent danger to an employee; or (2) due to a violation of an occupational safety and health standard, there is a threat of physical harm to an employee. (b) To request an inspection, an employee or representative shall sign and submit to the Commissioner or authorized representative of the Commissioner a written notice that describes, with reasonable particularity, the grounds for the notice. (c) On receipt of a notice made in accordance with this section, the Commissioner shall determine whether there are reasonable grounds to believe that imminent danger or a threat exists. (d) (1) If the Commissioner determines that there are reasonable grounds, the Commissioner shall conduct an inspection as soon as practical to determine whether the danger or threat exists. (2) If the Commissioner determines that there are no reasonable grounds, the Commissioner shall give the person who submitted the request written notice of that determination. (e) (1) Subject to paragraph (2) of this subsection, the Commissioner shall give the employer whose place of employment is to be inspected or an agent of the employer a copy of the notice that requested the inspection, no later than at the time of the inspection. (2) On request of the person who submits a notice, the name of the person and the name of each employee to whom the notice refers shall be omitted from the copy of the notice to be given to the employer and from each other record to be disclosed under this title.

Md. Code, Labor and Employment § 5-210

(a) In this section, “apparatus” means any apparatus, device, machinery, or mechanical equipment. (b) The Commissioner or an authorized representative of the Commissioner may prohibit use of any apparatus, if, after an inspection, the Commissioner or authorized representative of the Commissioner determines that: (1) the apparatus or part of the apparatus violates an occupational safety and health standard; and (2) there is a substantial probability that death or serious physical harm could result from continued use. (c) To prohibit use of any apparatus or part of any apparatus, the Commissioner or authorized representative of the Commissioner shall give an employer or the agent in charge of such operation written notice that prohibits use. (d) (1) A copy of a notice under subsection (c) of this section: (i) shall be attached to the apparatus; and (ii) may not be removed until the apparatus is made safe and each required safeguard is provided. (2) Use of any apparatus is prohibited while a notice under this section is posted on the apparatus. (e) (1) Any person aggrieved by a decision of the Commissioner under this section may bring an action to modify or vacate the decision on the ground that it is unlawful or unreasonable. (2) An action under this subsection shall be brought in the circuit court for the county where the place of employment is located. (3) In a proceeding under this subsection, a court may not stay an order of the Commissioner unless: (i) the court gives the Commissioner notice and an opportunity for a hearing; and (ii) the aggrieved person posts security or meets each other condition that the court considers proper.

Md. Code, Labor and Employment § 5-211

(a) Whenever an individual who is authorized to inspect property in the State is denied access after the individual makes a proper request to the owner, lessee, or other person in charge of the property, the individual may apply to the District Court for an administrative search warrant under this section. (b) Each application under this section shall: (1) state the nature, purpose, and scope of the inspection; and (2) show that: (i) the applicant: 1. is authorized by law to inspect the property to which access was denied; and 2. requested access at a reasonable time; (ii) access was denied; and (iii) the inspection is for a purpose related to safety or health. (c) (1) An application may not be submitted to the District Court unless approved by the Attorney General. (2) If the Commissioner or an authorized representative of the Commissioner applies for an administrative search warrant under subsection (a) of this section, the Attorney General shall prioritize and expedite review of the application. (d) On application in accordance with this section, the District Court may issue an administrative search warrant.

Md. Code, Labor and Employment § 5-212

(a) (1) Except as provided in paragraph (2) of this subsection, if after an inspection or investigation, the Commissioner or authorized representative of the Commissioner is of the opinion that an employer has violated a duty under this title or an order passed under this title or an occupational safety and health standard or other regulation adopted to carry out this title, the Commissioner or authorized representative shall issue a citation to the employer with reasonable promptness, not to exceed the earlier of 90 days from the date of the closing conference on the inspection or investigation or 6 months from the occurrence of the violation. (2) If the incident investigated by the Commissioner involves a fatality or serious physical harm, the Commissioner shall issue a citation with reasonable promptness, not to exceed 6 months from occurrence of the violation. (3) If an employer to whom a citation is issued is a unit of the State government, the Commissioner or authorized representative shall send a copy of the citation to the secretary of the principal department to which the unit is assigned or, if the unit is not part of a principal department, the head of the unit. (4) If an employer to whom a citation is issued is a public body other than a unit of the State government, the Commissioner or authorized representative shall send a copy of the citation to the chief executive officer of the public body and any legislative body that has oversight of the public body. (b) Each citation under this section shall: (1) be in writing; (2) describe, with particularity, the nature of the alleged violation; (3) reference the provision of this title, order, or occupational safety and health standard or other regulation that the employer is alleged to have violated; and (4) set a reasonable period for abatement and correction of the alleged violation. (c) (1) In accordance with any regulation that the Commissioner adopts to carry out this title, an employer who is issued a citation shall post the citation or a copy of it conspicuously at or near each place where the citation alleges a violation occurred. (2) In addition to the posting requirement under paragraph (1) of this subsection, a public body that is issued a citation shall make available a copy of the citation to all affected employees. (d) The Commissioner may establish, by regulation, procedures for issuance of a notice instead of a citation for a de minimis violation that has no direct or immediate relationship to safety or health.

Md. Code, Labor and Employment § 5-213

(a) Within a reasonable time after issuance of a citation under § 5-212 of this subtitle to an employer, the Commissioner shall send by certified mail to the employer a notice that: (1) states the civil penalty, if any, that the Commissioner proposes to assess under this title; and (2) informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a written notice of contest on the citation or civil penalty. (b) A citation and any penalty that the Commissioner proposes to assess shall be considered a final order of the Commissioner unless: (1) within 15 work days after receipt of a notice under subsection (a) of this section the employer notifies the Commissioner of an intent to contest the citation or any penalty; or (2) within 15 work days after issuance of a citation, an employee or representative of an employee submits a written notice to the Commissioner that alleges that the period of time set in the citation for abatement of the violation is unreasonable. (c) (1) An employer shall correct each violation for which the Commissioner issues a citation within the period set for correction in a final order under this subtitle. (2) If the request of an employer for a hearing is made in good faith and not solely to delay or avoid payment of a penalty, the period for correction begins on the day when the order passed as a result of the hearing becomes final. (d) If the Commissioner has reason to believe that an employer has failed to correct a violation within the time allowed, the Commissioner shall send by certified mail to the employer a notice that: (1) states that the employer has failed to correct the violation; (2) states the civil penalty, if any, that the Commissioner intends to assess under this title for the failure; and (3) informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a notice of contest on the notice or civil penalty. (e) Unless an employer notifies the Commissioner of an intent to contest as provided in subsection (b) of this section, the notice, including any civil penalty, is a final order.

Md. Code, Labor and Employment § 5-214

(a) The Commissioner shall grant a hearing, if practicable, within 30 days after receipt of a notice that an employer or employee or representative of an employee submits under § 5-213 of this subtitle. (b) An employee whom a hearing under this section affects or a representative of the employee may participate as a party in a hearing under this section. (c) The Commissioner shall give notice and hold a hearing under this subtitle in accordance with Title 10, Subtitle 2 of the State Government Article. (d) (1) An employer may choose whether a hearing under this section is to be held in: (i) Baltimore City; (ii) the county where the violation allegedly occurred, in an office that the county provides; or (iii) an office that the Commissioner has designated as a regional office. (2) The employer shall indicate the choice in the request for a hearing. (e) (1) When the Commissioner appoints a hearing examiner to hold a hearing under this section, the examiner shall prepare a record that includes testimony. (2) A report that a hearing examiner submits shall become a final order of the Commissioner unless, within 15 work days after submission of the report: (i) the Commissioner orders a review of the proceeding; or (ii) an employee, representative of an employee, or employer whom the report affects submits to the Commissioner a written request for a review of the proceeding. (f) (1) After review of a proceeding under subsection (e) of this section, with or without a hearing, the Commissioner shall pass an order that, on the bases of findings of fact, affirms, modifies, or vacates the citation or proposed penalty or directs other appropriate relief. (2) An order of the Commissioner under paragraph (1) of this subsection is final 15 days after passage of the order. (g) After an opportunity for a hearing under this section, the Commissioner may pass an order that affirms or modifies a requirement of a citation for abatement of a violation if an employer shows that the employer: (1) made a good faith effort to comply with the requirement; and (2) has not complied because of a factor beyond the reasonable control of the employer.

Md. Code, Labor and Employment § 5-215

(a) (1) A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation that the Commissioner adopts to carry out this title may file a complaint within 30 days after issuance of the order or regulation to have it modified or set aside. (2) A complaint filed under this subsection shall be filed in the circuit court for: (i) Baltimore City; or (ii) the county where: 1. the employer has its principal office; or 2. the violation allegedly occurred. (3) A copy of the complaint shall be served on the Commissioner and other affected parties. (b) In a proceeding under this section, a court may not stay an order or regulation of the Commissioner unless: (1) the court gives the Commissioner notice and an opportunity for a hearing; and (2) the aggrieved person posts security and meets each other condition that the court considers proper. (c) (1) The court shall determine whether an order that the Commissioner passes under this title or regulation that the Commissioner adopts to carry out this title is in accordance with law. (2) If a finding of the Commissioner on a question of fact is supported by substantial evidence, the finding is conclusive. (3) A regulation that the Commissioner adopts to carry out this title: (i) shall be deemed prima facie lawful and reasonable; and (ii) may not be held invalid because of a technical defect if there is substantial compliance with this title. (d) (1) At any appropriate time, the Commissioner may file a complaint to enforce any order that the Commissioner passes under this title or regulation that the Commissioner adopts to carry out this title. (2) A complaint filed under this subsection shall be filed in the circuit court for the county where: (i) the alleged violation occurred; or (ii) the employer has its principal office. (3) To the extent practicable, subsections (a), (b), and (c) of this section shall govern proceedings under this subsection. (e) A court shall hear a complaint under this section expeditiously.

Md. Code, Labor and Employment § 5-216

(a) If an authorized representative of the Commissioner concludes that a condition or practice at a place of employment creates an imminent danger that reasonably could be expected to cause death or serious physical harm to an employee, the authorized representative: (1) shall give the employer and each employee whom the danger affects notice of the danger; and (2) may recommend to the Commissioner that the Commissioner seek to enjoin the condition or practice. (b) (1) On a complaint filed by the Commissioner, a circuit court: (i) may enjoin a condition or practice at a place of employment if the condition or practice creates an imminent danger that reasonably could be expected to cause death or serious physical harm to an employee; and (ii) pending the outcome of enforcement procedures under this title, may grant an injunction or temporary restraining order. (2) A temporary restraining order that is passed without notice may not be in effect for more than 7 days. (3) An injunction under this subsection may require each act needed to: (i) avoid, correct, or remove the imminent danger; or (ii) prohibit the employment or presence of any individual, in a location or under a condition where the imminent danger exists, other than an individual who needs to be present to: 1. remove the imminent danger; 2. maintain the capacity of a continuous process operation in order to resume normal operations without stopping operation completely; or 3. where operations must be stopped, stop an operation in an orderly and safe manner. (c) (1) If the Commissioner arbitrarily or capriciously fails to seek relief under this section, on a complaint filed by or for an employee who may be injured as a result of the failure, a circuit court may pass a writ of mandamus to compel the Commissioner to seek the relief and grant other appropriate relief. (2) An action under this subsection shall be brought in the circuit court for the county where the alleged imminent danger exists.

Md. Code, Labor and Employment § 5-217

(a) In this section, “trade secret” means a device, formula, pattern or compilation of information that: (1) is used in the business of an employer; (2) gives the employer an opportunity to obtain an advantage over a competitor; and (3) is known only to the employer and any employee to whom the employer needs to confide the information. (b) Except as provided in subsections (c) and (d) of this section, information that contains or might reveal a trade secret and is obtained by the Commissioner or an authorized representative of the Commissioner in connection with an inspection or proceeding under this title is confidential. (c) The Commissioner may disclose information that contains or might reveal a trade secret to staff who are assigned to carry out this title. (d) In a proceeding under this title, the Commissioner may disclose information that contains or might reveal a trade secret and is relevant if, before disclosure: (1) the court that is conducting the proceeding passes an order that is appropriate to protect the confidentiality of the trade secret; or (2) in a proceeding before the Commissioner or authorized representative of the Commissioner, the Commissioner or representative does so.

Md. Code, Labor and Employment § 5-303

(a) (1) The Board consists of the following 12 members: (i) as an ex officio member, the Commissioner; and (ii) 11 voting members appointed by the Commissioner with the approval of the Secretary of Labor. (2) Of the 11 appointed members of the Board: (i) 1 shall represent agriculture and be recommended by the Secretary of Agriculture; (ii) 1 shall represent businesses that the Public Service Commission regulates and shall be recommended by the Chairman of the Commission; (iii) 2 shall represent health professions and be recommended by the Secretary of Health; (iv) 2 shall represent industry; (v) 2 shall represent labor; and (vi) 3 shall represent the public. (b) Each appointed member shall be chosen on the basis of competence and experience in the field of occupational safety and health. (c) (1) The term of an appointed member is 6 years and begins on July 1. (2) The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 1991. (3) At the end of a term, a member continues to serve until a successor is appointed. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed. (d) The Governor may remove a member for incompetence or misconduct.

Md. Code, Labor and Employment § 5-305

(a) The Commissioner may not vote. (b) The Board shall determine the times and places of its meetings. (c) Each appointed member of the Board is entitled to: (1) compensation in accordance with the State budget; and (2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Md. Code, Labor and Employment § 5-306

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this Part I of this subtitle shall terminate on July 1, 2034.

Md. Code, Labor and Employment § 5-308

(a) Subject to subsection (b) of this section, the Board shall advise, consult with, propose, and recommend to the Commissioner reasonable regulations: (1) to prevent conditions that are detrimental to safety and health in each employment or place of employment in the State; and (2) that the Board finds are necessary to protect and to improve the safety and health of employees on the basis of circumstantial evidence and information that: (i) is developed by the Commissioner; (ii) is available to the Commissioner; or (iii) is submitted by an interested person to the Board at a public hearing held under § 5–310(d) of this subtitle. (b) To carry out the requirements of subsection (a) of this section with respect to public bodies, the Board shall: (1) give specific consideration to the workplace conditions and safety and health concerns of employees; and (2) recommend higher standards, if warranted.

Md. Code, Labor and Employment § 5-308.1

§5–308.1. (a) The Commissioner, in consultation with the Secretary of Health, shall adopt regulations to implement the Bloodborne Pathogen Standard adopted by the federal Occupational Safety and Health Administration in 29 C.F.R. 1910.1030, as interpreted in the directive issued by the Occupational Safety and Health Administration on November 5, 1999. (b) The Commissioner shall submit notice regarding any modifications made to, or directives issued interpreting, the federal Bloodborne Pathogen Standard after November 5, 1999 and, subject to § 2–1257 of the State Government Article, make recommendations for any legislative changes to the House Health and Government Operations Committee, the Senate Education, Health, and Environmental Affairs Committee, and the General Assembly within 30 days of the issuance of modifications to the Bloodborne Pathogen Standard.

Md. Code, Labor and Employment § 5-309

(a) The Board shall propose or recommend occupational safety and health standards that: (1) are or will be at least as effective in providing safe and healthful employment and places of employment as any standard adopted under the federal Occupational Safety and Health Act of 1970; and (2) will not put an undue burden on interstate commerce when: (i) a local condition or customized product or part requires the application of an occupational safety and health standard that differs from a federal standard; and (ii) applied to a product or part that is distributed or used in interstate commerce. (b) The Board shall include in each occupational safety and health standard that it proposes or recommends: (1) a requirement for the use of a label or other appropriate form of warning as necessary to ensure that each employee is apprised of: (i) each hazard to which the employee is exposed; (ii) each relevant symptom of exposure; (iii) emergency treatment appropriate for exposure; and (iv) each proper condition and precaution for safe use or exposure; (2) when appropriate in connection with a hazard, a requirement for: (i) use of suitable protective equipment; and (ii) control of technological procedures; and (3) as necessary to protect employees, a requirement to measure or monitor exposure of employees to a hazard: (i) at appropriate intervals; (ii) at each appropriate location; and (iii) in an appropriate manner. (c) (1) To develop occupational safety and health standards about toxic materials or harmful physical agents, the Board shall propose or recommend occupational safety and health standards that most adequately ensure, to the extent feasible on the basis of the best available evidence, that no employee, including an employee who has regular exposure to toxic materials or harmful physical agents during the working life of the employee will suffer material impairment of health or functional capacity. (2) To the extent practicable, the Board shall express each proposed occupational safety and health standard under this subsection in terms of objective criteria and desired performance.

Md. Code, Labor and Employment § 5-310

(a) (1) The Board may ask for and the Commissioner may provide technical or other information that may help the Board to determine the need for a proposed regulation and to make a recommendation. (2) The Commissioner may make any recommendation to the Board about a regulation that the Commissioner considers necessary to carry out this title. (b) The Board or Commissioner may appoint a special committee, composed of employees, employers, experts, and at least 1 member of the general public, to help the Board to develop its recommendations on proposed regulations. (c) The Board may use the advice and help of any individual or entity with special knowledge about a recommendation that the Board is considering. (d) (1) The Board shall hold the public hearings needed to carry out its responsibilities under this subtitle. (2) At least 30 days before a hearing under this subsection, the Commissioner shall publish notice of the hearing at least once in a newspaper that the Commissioner chooses. (3) On request of any person, the Commissioner shall give that person notice of a hearing under this subsection.

Md. Code, Labor and Employment § 5-311

The Board shall submit to the Commissioner, with each recommendation for a proposed regulation, a report that: (1) explains the need for the proposed regulation; and (2) summarizes the information available to the Board, including: (i) testimony that was presented at any public hearing; and (ii) technical information.

Md. Code, Labor and Employment § 5-312

(a) To adopt a proposed regulation, the Commissioner shall comply with this section and Title 10, Subtitle 1 of the State Government Article. (b) If, after receipt of a recommendation from the Board, the Commissioner decides to adopt the proposed regulation, within 45 days after the Board submits the recommendation, the Commissioner shall initiate the process for publishing and issuing the proposed regulation. (c) A public hearing is not required to adopt, by reference, a proposed regulation that is identical to: (1) a regulation or rule adopted by another unit of the State government; (2) a standard on occupational safety and health that is adopted by an organization that is nationally recognized as setting standards; or (3) a standard on occupational safety and health that is adopted by the federal government and that is currently in effect.

Md. Code, Labor and Employment § 5-313

The Commissioner may delay the effective date of a regulation for not more than 90 days after publication of the notice of adoption, if the Commissioner determines that the delay is necessary to ensure that employers whom the regulation affects know about and have an opportunity to familiarize employees with the requirements of the regulation.

Md. Code, Labor and Employment § 5-314

(a) Except as provided in subsection (c) of this section, and notwithstanding any other provision of this subtitle but subject to the limitations on emergency adoption in Title 10, Subtitle 1 of the State Government Article, the Commissioner may adopt immediately an emergency occupational safety and health standard that the Commissioner determines is needed to protect employees from the grave danger of: (1) a new hazard; or (2) exposure to an agent or circumstance determined to be toxic or physically harmful. (b) An emergency occupational safety and health standard adopted under this section remains in effect until the earlier of: (1) expiration of a period that the Joint Committee on Administrative, Executive, and Legislative Review sets; (2) expiration of a period, not exceeding 6 months, that the Commissioner sets; or (3) replacement of the emergency occupational safety and health standard by another regulation.

Md. Code, Labor and Employment § 5-315

(a) The Commissioner shall keep in the office of the Commissioner a set of the current regulations adopted to carry out this title. (b) (1) The Commissioner may set a fee for the cost to prepare and mail a copy of the current regulations. (2) On request and payment of the fee, if any, the Commissioner shall send a person a copy of the current regulations.

Md. Code, Labor and Employment § 5-318

An employer who is affected by a regulation adopted to carry out this title may apply to the Commissioner for a temporary or permanent variance from the regulation or a part of the regulation.

Md. Code, Labor and Employment § 5-319

An applicant for a temporary variance shall apply before the effective date of the regulation or part of a regulation from which the temporary variance is sought.

Md. Code, Labor and Employment § 5-320

An application for a temporary variance shall: (1) specify the regulation or part of a regulation from which the temporary variance is sought; (2) contain a representation by the employer supported by the representation of qualified individuals with personal knowledge of the facts stated in the application that the employer is unable to comply with the regulation or part; (3) explain, in detail, each reason for the inability to comply; (4) describe each step that the employer has taken and will take: (i) to comply with the regulation or part; and (ii) until then, to protect employees against the hazard that the regulation or part covers; (5) state the date on which the employer took or will take each step listed under item (4) of this section; (6) state the date on which the employer expects to be able to comply with the regulation or part; (7) contain a certification that the employer has complied with § 5-321(a) of this subtitle; (8) state the manner in which the employer complied with § 5-321(a) of this subtitle; and (9) advise employees that any employee may ask the Commissioner to hold a hearing on the application.

Md. Code, Labor and Employment § 5-321

(a) An applicant for a temporary variance shall: (1) give a copy of the application to its employees or their authorized representative; (2) post, where notices to employees normally are posted, a statement that summarizes the application and specifies where a copy of the application may be examined; and (3) give notice by using any other appropriate means. (b) An applicant for a permanent variance shall give each employee whom the variance would affect notice: (1) of the application; and (2) that the Commissioner shall give each employee whom the variance would affect an opportunity to participate in a hearing on the application.

Md. Code, Labor and Employment § 5-322

(a) The Commissioner shall hold a hearing on an application for a temporary variance on request of: (1) the applicant; or (2) an employee whom the temporary variance would affect. (b) (1) The Commissioner: (i) shall hold a hearing on each application for a permanent variance; and (ii) if appropriate, shall conduct an inspection. (2) The Commissioner shall give employees whom the permanent variance would affect an opportunity to participate in the hearing.

Md. Code, Labor and Employment § 5-323

(a) To qualify for a temporary variance, an applicant shall establish that the applicant: (1) is unable to comply with a regulation or part of a regulation, by its effective date, because: (i) equipment, material, or professional or technical staff that is needed to comply is unavailable; or (ii) alteration or construction of a facility that is needed to comply cannot be completed by the effective date; (2) has an effective program to comply with the regulation or part as soon as practicable; and (3) is taking each available step to protect employees against each hazard that the regulation or part covers. (b) To qualify for a permanent variance, an applicant shall show, by a preponderance of the evidence, that the applicant will maintain conditions, means, methods, practices, procedures, or operations that make employment and places of employment at least as safe and healthful for employees as they would be if the applicant complied with the regulation from which the permanent variance is sought. (c) In addition to the bases under subsections (a) and (b) of this section, the Commissioner may grant an employer a variance from a regulation or part of a regulation if the Commissioner: (1) approves an experiment to show or validate a new and improved method to protect the health or safety of employees; and (2) determines that the employer needs the variance to participate in the experiment.

Md. Code, Labor and Employment § 5-324

(a) The Commissioner may pass 1 interim order for a temporary variance from a regulation. (b) An interim order under this section is effective until the Commissioner makes a determination on an application for a temporary variance.

Md. Code, Labor and Employment § 5-325

(a) (1) The Commissioner shall pass an order that grants an employer a temporary variance if: (i) the employer submits an application in accordance with §§ 5-319 and 5-320 of this subtitle; (ii) the employer gives notice to employees in accordance with § 5-321(a) of this subtitle; (iii) the Commissioner holds any hearing required under § 5-322(a) of this subtitle; and (iv) the Commissioner determines that the employer has met the requirements of § 5-323(a) of this subtitle. (2) The Commissioner shall pass an order that grants an employer a permanent variance if: (i) the employer submits an appropriate application; (ii) the employer gives notice to employees in accordance with § 5-321(b) of this subtitle; (iii) the Commissioner holds a hearing and conducts an appropriate inspection under § 5-322(b) of this subtitle; and (iv) the Commissioner determines that the employer has met the requirements of § 5-323(b) of this subtitle. (b) (1) Each order for a temporary or permanent variance shall specify the conditions the employer must maintain and the means, methods, practices, procedures, and operations to the extent that they differ from those required under the regulation or part of a regulation from which the variance is granted. (2) Each order for a temporary variance shall state, in detail, the program that the employer is to follow to come into compliance with the regulation or part from which the temporary variance is granted.

Md. Code, Labor and Employment § 5-326

(a) Unless an order for a temporary variance from a regulation or part of a regulation is renewed as provided in this section, the order may not be in effect for longer than: (1) 1 year after the order is passed; or (2) if shorter, the period that the employer needs to achieve compliance with the regulation or part. (b) (1) Subject to the limitations in this subsection, the Commissioner may renew an order for a temporary variance twice. (2) The Commissioner may renew an order under this subsection only if the employer: (i) submits an application for renewal to the Commissioner at least 90 days before the date on which the order is to expire; and (ii) meets the requirements of this subtitle for granting a temporary variance. (3) A renewal under this subsection may not remain in effect for more than 180 days.

Md. Code, Labor and Employment § 5-327

(a) The Commissioner may modify or revoke a permanent variance at any time, on the Commissioner’s own initiative and after a hearing. (b) If at least 6 months have elapsed since the Commissioner granted the permanent variance, on an application of an employee or employer and after a hearing, the Commissioner may modify or revoke the permanent variance.

Md. Code, Labor and Employment § 5-328

The Commissioner shall adopt regulations that provide: (1) for a consultation program that conforms to federal law and regulations (29 C.F.R. Part 1908); (2) that, unless the employer fails to correct or abate a hazard identified during a consultation inspection within the time allowed in the consultation report, the employer will not receive a citation or penalty for a hazard identified during the consultation inspection; and (3) to the extent allowed by federal law and regulations, for an exemption not to exceed 2 years from general schedule inspection for an employer who, in accordance with the Commissioner’s regulations, uses the consultation program provided by the Division of Labor and Industry.

Md. Code, Labor and Employment § 5-401

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Employee” means an employee (as defined in § 5-101 of this title) or former employee when the individual may be exposed under normal operating conditions or foreseeable emergencies. (2) “Employee” includes: (i) a line supervisor; (ii) a maintenance worker; (iii) a member or former member of a volunteer fire, ambulance, or rescue company; (iv) operating personnel; and (v) a production worker. (c) (1) “Employer” means an employer (as defined in § 5-101 of this title) and includes a volunteer fire, ambulance, or rescue company. (2) “Employer” does not include a farmer who: (i) uses a hazardous chemical in farming; and (ii) complies with the applicable requirements of the Federal Insecticide, Fungicide, and Rodenticide Act.

Md. Code, Labor and Employment § 5-402

Sections 5-404 through 5-409 of this subtitle do not apply to: (1) a railroad that is subject to the Federal Railroad Safety Act of 1970 and the jurisdiction of the Federal Railroad Administration; (2) a landfill in the State; (3) a person who: (i) is engaged in the business of providing commercial or residential garbage and refuse pickup and disposal service while actually engaging in the pickup and disposal of garbage and refuse; and (ii) does not pick up, transport, treat, store, or dispose of controlled hazardous substances that are regulated under Title 7, Subtitle 2 of the Environment Article; or (4) an analytical, educational, or research and development laboratory.

Md. Code, Labor and Employment § 5-403

(a) Except as otherwise provided in this section, an employer, chemical manufacturer, importer, or distributor shall comply with all applicable provisions of the United States Department of Labor, Occupational Safety and Health Administration, “Hazard Communication Standard”, 29 C.F.R. 1910.1200, as published at 52 Federal Register No. 163, August 24, 1987, pages 31876 through 31886, and, as adopted by the Commissioner, all subsequent amendments. (b) (1) If a term is used in 29 C.F.R. 1910.1200 and defined in § 5-401 of this subtitle, the term has the meaning stated in § 5-401. (2) When used in 29 C.F.R. 1910.1200, the terms “Assistant Secretary of Labor for OSHA” and “Director of the National Institute for Occupational Safety and Health” shall be interpreted to mean the Commissioner or a designated representative of the Commissioner. (c) The exclusion for wood and wood products set forth in 29 C.F.R. 1910.1200(b)(6)(iii) does not apply in Maryland. (d) (1) Except for an analytical, educational, or research and development laboratory, a laboratory shall comply with 29 C.F.R. 1910.1200. (2) An employer that is an analytical, educational, or research and development laboratory shall comply with 29 C.F.R. 1910.1200(b)(3). (e) The party who claims a trade secret under 29 C.F.R. 1910.1200(i) has the burden of proving the claim.

Md. Code, Labor and Employment § 5-404

(a) An employer may not ask or require an employee to waive any right under this subtitle or 29 C.F.R. 1910.1200. (b) A waiver of a right under this subtitle or 29 C.F.R. 1910.1200 is void.

Md. Code, Labor and Employment § 5-405

(a) This section does not apply to a consumer product or foodstuff that is: (1) packaged for distribution to and intended for use by the general public; and (2) handled unopened or stored unopened in a retail establishment, including its storeroom or warehouse. (b) (1) To comply with the requirements of 29 C.F.R. 1910.1200(e)(1)(i) for a list of hazardous chemicals, each employer shall compile and maintain a chemical information list for each hazardous chemical that is formulated, handled, manufactured, packaged, processed, reacted, repackaged, stored, or transferred in the workplace of the employer. (2) Within 30 days after a hazardous chemical is introduced into the workplace of an employer, the employer shall add the hazardous chemical to the chemical information list. The employer need not place the hazardous chemical alphabetically on the chemical information list until the employer next revises the list as required under paragraph (3) of this subsection. (3) Every 2 years, an employer shall revise the chemical information list. (c) For each hazardous chemical on a chemical information list, the list shall: (1) contain its chemical and common names; and (2) identify each work area where the hazardous chemical is found. (d) Each compilation of a chemical information list and each revision under subsection (b) of this section shall list the hazardous chemicals on the list in alphabetical order according to common name. (e) (1) Each employer shall keep, for at least 40 years, each chemical information list that the employer compiles or revises. (2) (i) If an employer’s business ceases to operate or formulate, handle, manufacture, package, process, react, repackage, store, or transfer hazardous chemicals in a workplace regulated under this subtitle, the employer promptly shall submit the most recent chemical information list to the Maryland Department of Labor. (ii) The Maryland Department of Labor shall keep, for at least 40 years, the chemical information list that the employer provides under subparagraph (i) of this paragraph.

Md. Code, Labor and Employment § 5-407

(a) (1) An employee or designated representative may ask an employer for: (i) access to a chemical information list maintained by the employer; and (ii) a copy of the chemical information list or any material safety data sheet in the workplace of the employee. (2) An employer shall comply with a request under this subsection: (i) for access, in the workplace of the employee, within 1 working day after a request; and (ii) for a copy, within 5 days after a request. (3) To comply with a request for a copy, an employer shall provide, without charge to the employee or designated representative, the copy or the mechanical means to produce the copy. If, during a calendar year, more than 1 copy is requested for an employee the employer may assess a reasonable charge for each additional copy. (4) An employer shall make the material safety data sheet readily accessible in accordance with 29 C.F.R. 1910.1200(g)(8). (5) If an employer fails to comply with this subsection, an employee who requests the information may refuse to work with the hazardous chemical for which the chemical information list or material safety data sheet was requested. (b) On receipt of a written request, an employer or, if the employer’s business has ceased operating as described in § 5–405(e)(2) of this subtitle, the Maryland Department of Labor shall provide access to information on a chemical information list to: (1) an individual who provides fire, ambulance, or rescue service for the appropriate geographic area; (2) a nurse, physician, or physician’s assistant who is providing emergency medical treatment; (3) the Commissioner; (4) a former employee; (5) an independent contractor or employer; (6) any environmental, civic, or consumer organization in the State; and (7) any individual who lives: (i) in a local community where a business stores, produces, or locates hazardous or toxic chemicals; or (ii) in the nearest local community to a business that stores, produces, or locates hazardous or toxic chemicals.

Md. Code, Labor and Employment § 5-408

(a) An independent contractor to whom this subtitle applies or an employer: (1) before commencement of work at a workplace, shall provide information compiled under § 5–405 of this subtitle to any other employer whose workplace is the site of work being performed by the independent contractor or employer; and (2) on request, shall provide material safety data sheets for each hazardous chemical identified on the chemical information list to any other employer whose workplace is the site of the work being performed by the independent contractor or employer, within 1 working day after the request. (b) Before commencement of work by an independent contractor, any employer who employs the independent contractor shall provide information required under § 5–405 of this subtitle and 29 C.F.R. 1910.1200(g) for the workplace at which the independent contractor will work. (c) A general contractor or its representative shall designate, for each construction site, a common location where each independent contractor or employer shall leave the chemical information list of the contractor or employer before the contractor begins work at the site.

Md. Code, Labor and Employment § 5-409

(a) In this section, “fire department official”: (1) means an individual who is responsible for the administration of a fire department in a political subdivision or a designee of the individual; and (2) includes a fire administrator or fire chief. (b) On request, an employer shall give a fire department official: (1) a list of work areas, identified by name and location, and the appropriate chemical information list for each work area; and (2) a material safety data sheet for each hazardous chemical included on the chemical information list. (c) On notice, the employer at a retail establishment shall allow a fire department official to have access to the establishment, during normal business hours, to develop prefire strategy. (d) (1) Except as provided in paragraph (2) of this subsection, information submitted or made available under this section is privileged and may not be disclosed to any person or in any civil proceeding. (2) A fire department official who obtains information under subsection (b) of this section shall make the information available, on request, to an ambulance squad, fire inspection, fire suppression, or rescue squad unit within the same jurisdiction.

Md. Code, Labor and Employment § 5-501

(a) In this subtitle, “power equipment” means: (1) a backhoe; (2) a bulldozer; (3) a front-end loader; (4) skid steer equipment; (5) a gradall; (6) a scraper pan; (7) a crane; or (8) a hoist. (b) “Power equipment” does not include agricultural equipment that is used in a farming operation.

Md. Code, Labor and Employment § 5-503

(a) Each employer that hires employees to operate power equipment shall develop and carry out an employee safety training program designed to inform employees of and train employees in applicable standards for safe operation of power equipment including: (1) limitations and use; (2) rated load capacities; and (3) special hazards. (b) On request by the Commissioner, an employer shall give the Commissioner a copy of its safety training program. (c) Each employer that hires employees to operate power equipment shall: (1) keep on file for inspection: (i) a written description of its employee training program; and (ii) a notation of where an employee received safety training, if the employer did not provide the employee with safety training; (2) assure that specifications of a manufacturer applicable to operation of a piece of power equipment are available to each operator; and (3) post operating instructions as required by occupational safety and health standards.

Md. Code, Labor and Employment § 5-601

(a) The General Assembly finds that: (1) exposure to asbestos, a known carcinogenic agent, creates a significant hazard to the health of the people of the State; (2) asbestos protective clothing that is used improperly or that is not maintained properly exposes a worker to this hazard; (3) protective materials have been developed as substitutes for asbestos; and (4) it is in the public interest to protect workers from this hazard by eliminating the use of asbestos protective clothing. (b) (1) A person may not sell in the State any item of new or used asbestos protective clothing. (2) An employer may not: (i) buy, for use by an employee, any item of new or used asbestos protective clothing; (ii) ask or require an employee to use any item of new or used asbestos protective clothing; or (iii) keep or otherwise possess any item of new or used asbestos protective clothing at a place of employment.

Md. Code, Labor and Employment § 5-602

(a) (1) In this section the following words have the meanings indicated. (2) “Confined space” means a space that, by design: (i) has limited openings for entry and exit; and (ii) is subject to: 1. the accumulation of a combustible agent; 2. an accumulation of a toxic agent; or 3. a deficiency of oxygen. (3) “Confined space” includes: (i) a basin; (ii) a bin; (iii) a degreaser; (iv) a duct; (v) a pipeline; (vi) a pit; (vii) a sewer; (viii) a silo; (ix) a tank that is enclosed or has an open top; (x) a tub; (xi) a tunnel; (xii) a vat; (xiii) a process vessel; or (xiv) a reaction vessel. (4) “Maintenance work” means cleaning, inspection, maintenance, painting, repair, servicing, or other similar work. (b) A person described in § 5–101(d)(2)(ii) or (iii) of this title may not allow or cause an individual described in § 5–101(c)(2)(iii) or (iv) of this title to do maintenance work in a confined space, unless the Commissioner: (1) grants written authorization based on a satisfactory showing that work practices in effect will protect the health and safety of the individual; or (2) in accordance with Subtitle 3 of this title, passes an order for a variance. (c) (1) This subsection applies only to an employer who is a subcontractor. (2) Each subcontractor who, under an original contract or subcontract, is to do maintenance work in a confined space shall give the Commissioner: (i) at the commencement of the maintenance work, oral notice of the maintenance work to be performed; and (ii) within 24 hours after the oral notice, written notice of the maintenance work.

Md. Code, Labor and Employment § 5-603

(a) (1) Except as provided in subsection (b) of this section, whenever an employer has an employee working in a manhole, the employer shall have another employee available in the immediate vicinity of the manhole to give emergency help. (2) The employee who is available to give emergency help may enter the manhole to give other help. (b) For a brief period, a qualified employee who is working alone may enter a manhole where cables or equipment are in service to: (1) perform an inspection; (2) perform housekeeping; (3) take readings; or (4) do other work if it can be performed safely.

Md. Code, Labor and Employment § 5-604

(a) (1) An employer or other person may not discharge or otherwise discriminate against an employee on the basis of information gained through participation of the employee in group medical coverage. (2) This title does not prevent an employer from using medical information that: (i) has a direct, material, and timely relationship to the capacity or fitness of an employee to perform the job of the employee properly; or (ii) differs substantially from medical information that the employee falsely provides in an application for employment. (b) An employer or other person may not discharge or otherwise discriminate against an employee because the employee: (1) files a complaint under or related to this title; (2) brings an action under this title or a proceeding under or related to this title or causes the action or proceeding to be brought; (3) has testified or will testify in an action under this title or a proceeding under or related to this title; (4) exercises, for the employee or another, a right under this title; or (5) is an essential worker who files a complaint or exercises a right under § 3–1604 of this article. (c) (1) (i) Subject to subparagraph (ii) of this paragraph, an employee who believes that an employer or other person has discharged or otherwise discriminated against the employee in violation of subsection (a) or (b) of this section may submit to the Commissioner a written complaint that alleges the discrimination and that includes the signature of the employee. (ii) The Commissioner shall accept as timely an oral complaint made by the employee under the circumstances described in subparagraph (i) of this paragraph, provided the employee submits a written complaint within 7 business days of the oral complaint and that includes the signature of the employee. (2) An employee shall file a complaint under this subsection within 30 days after the alleged discrimination occurs. (d) (1) On receipt of a complaint under subsection (c) of this section, the Commissioner may investigate. (2) If, after investigation, the Commissioner determines that an employer or other person has violated subsection (a) or (b) of this section, the Commissioner shall file a complaint to enjoin the violation, to reinstate the employee to the former position with back pay, or for other appropriate relief in the circuit court for: (i) the county in which the alleged violation occurred; (ii) the county in which the employer has its principal office; or (iii) Baltimore City. (3) Within 90 days after the Commissioner receives a complaint, the Commissioner shall notify the employee of the determination under this subsection.

Md. Code, Labor and Employment § 5-605

(a) Each employer is encouraged to provide information and incentives that promote ridesharing arrangements. (b) (1) Unless an employer owns or contracts for a vehicle that is used in a ridesharing arrangement, the employer is not liable for an injury to a rider or another that results from use of the vehicle. (2) An employer is not liable for an injury to a rider or another only because the employer provides information or incentives or otherwise encourages an employee to participate in a ridesharing arrangement, as defined in § 11-150.1 of the Transportation Article.

Md. Code, Labor and Employment § 5-606

(a) Upon installation of a sanitary sewer line in the State, each connection brought to the property line shall have a combination type fitting, capped at the horizontal end, with a vertical pipe capped within 4 feet of the surface. (b) Each sewer house connection shall be designed to optimize safety, economy, functional efficiency, and operational maintenance. (c) Vertical pipes to be used for house connections or cleanout pipes shall be a minimum of 4 inches in diameter. (d) The requirements of this section apply in each county and subdivision in the State for any new installation or major modification occurring on or after January 1, 1992.

Md. Code, Labor and Employment § 5-608

(a) Except as provided in § 24–505 of the Health – General Article, an individual may not smoke in an indoor place of employment. (b) (1) The Department shall adopt regulations that prohibit environmental smoke, as defined in § 24–501 of the Health – General Article, in indoor places of employment not normally open to the general public. (2) Subject to subsection (c) of this section, a person who violates a regulation adopted under this subtitle: (i) for a first violation, shall be issued a written reprimand by the Commissioner or the Commissioner’s designee; (ii) for a second violation, is subject to a civil penalty of $100; and (iii) for each subsequent violation, is subject to a civil penalty not less than $250. (c) The Commissioner may waive a penalty established under subsection (b) of this section, giving consideration to factors that include: (1) the seriousness of the violation; and (2) any demonstrated good faith measures to comply with the provisions of this subtitle. (d) A penalty collected by the Commissioner under this section shall be paid to the Cigarette Restitution Fund established under § 7–317 of the State Finance and Procurement Article. (e) An employer who discharges or discriminates against an employee because that employee has made a complaint under this section, has given information to the Department in accordance with this section, has caused to be instituted or is about to cause to be instituted a proceeding under this section, or has testified or is about to testify in a proceeding, shall be deemed in violation of this section and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation. (f) (1) An employee may not: (i) make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner; (ii) in bad faith, bring an action under this subtitle; or (iii) in bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle. (2) The Commissioner may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.

Md. Code, Labor and Employment § 5-701

(a) The Commissioner may require, by regulation, that an employer: (1) measure or monitor employee exposure to a potentially toxic material or harmful physical agent; and (2) keep an accurate record of employee exposure to a toxic material or harmful physical agent that the employer is required to measure or monitor. (b) An employer shall give an employee or representative of an employee an opportunity to observe each measurement or monitoring under this section. (c) 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: (1) promptly shall give the employee notice; and (2) shall inform the employee of each corrective action being taken. (d) (1) 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. (2) Each employee or representative of an employee shall have access to each record kept under subsection (a) of this section.

Md. Code, Labor and Employment § 5-702

(a) (1) Subject to paragraph (2) of this subsection, the Commissioner may require, by regulation, that an employer keep: (i) an accurate record of: 1. each work–related death; 2. each work–related illness; and 3. 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 (ii) 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. (2) The Commissioner shall require by regulation that each public body keep an accurate record of the information described under paragraph (1) of this subsection. (b) Each employer shall make available to the Commissioner each record that the employer is required to keep under subsection (a)(2) of this section. (c) An employer shall report orally to the Commissioner an employment accident within 8 hours after it occurs if the accident results in: (1) the death of an employee; or (2) hospitalization of at least three employees.

Md. Code, Labor and Employment § 5-703

(a) 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. (b) Each employer shall make available to the Commissioner each record that the employer is required to keep under this section.

Md. Code, Labor and Employment § 5-804

(a) A person may not knowingly make a false certification, false representation, or false statement in an application, plan, record, report, or other document that is filed or required to be kept under this title. (b) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 6 months or both.

Md. Code, Labor and Employment § 5-805

(a) Unless the Commissioner or an authorized representative of the Commissioner gives written approval, a person may not give advance notice of an inspection to be made under this title. (b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.

Md. Code, Labor and Employment § 5-806

If an employer willfully violates any provision of this title, an order passed under this title, or a regulation adopted to carry out this title and the violation caused death to an employee, on conviction the employer is subject to: (1) for a first offense, a fine not exceeding $10,000 or imprisonment not exceeding 6 months or both; or (2) for a subsequent offense, a fine not exceeding $20,000 or imprisonment not exceeding 1 year or both.

Md. Code, Labor and Employment § 5-809

(a) (1) For the purpose of this subsection, a violation is considered to be a serious violation if there is a substantial probability that death or serious physical harm could result from a condition that exists or a practice, means, method, operation, or process that has been adopted or is in use, unless the employer did not and with the exercise of reasonable diligence could not know of the violation. (2) The Commissioner shall assess a civil penalty against an employer who receives a citation for a serious violation of this title, an order passed under this title, or a regulation adopted to carry out this title. (b) The Commissioner shall assess a civil penalty against an employer who violates a requirement for posting imposed under this title. (c) The Commissioner may assess a civil penalty against an employer who: (1) willfully or repeatedly violates this title, an order passed under this title, or a regulation adopted to carry out this title; or (2) receives a citation for a violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title and there is a specific determination that the violation is not of a serious nature. (d) The Commissioner may assess a civil penalty against an employer who does not correct a violation for which a citation is issued within the period set under this title for correction.

Md. Code, Labor and Employment § 5-810

(a) (1) Except as provided in paragraph (2) of this subsection, a civil penalty under § 5–809 of this subtitle may not exceed: (i) 1. before July 15, 2025, $16,131 for each violation; and 2. beginning July 15, 2025, the amount set by the Commissioner under subsection (b) of this section for each violation; and (ii) if an employer does not correct a violation within the period allowed for correction: 1. before July 15, 2025, $16,131 for each day that the violation continues; and 2. beginning July 15, 2025, the amount set by the Commissioner under subsection (b) of this section for each day that the violation continues. (2) A civil penalty for a willful or repeated violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not exceed: (i) before July 15, 2025, $161,323 for each violation; and (ii) beginning July 15, 2025, the amount set by the Commissioner under subsection (b) of this section for each violation. (3) A civil penalty for a willful violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not be less than: (i) before July 15, 2025, $11,162; and (ii) beginning July 15, 2025, the amount set by the Commissioner under subsection (b) of this section. (b) (1) Subject to paragraph (2) of this subsection, beginning January 1, 2025, and each calendar year thereafter, the Commissioner shall increase the minimum and maximum penalties in effect under subsection (a) of this section by increasing each civil penalty amount by the percentage increase, if any, in the Consumer Price Index for All Urban Consumers or a successor index published by the federal Bureau of Labor Statistics as necessary to comply with federal law. (2) The adjustment under paragraph (1) of this subsection shall be effective July 15 each year. (c) Before the Commissioner assesses a civil penalty under § 5–809 of this subtitle, the Commissioner shall consider the appropriateness of the penalty in relation to: (1) the size of the business of the employer against whom the penalty is to be assessed; (2) the gravity of the violation for which the penalty is to be assessed; (3) the good faith of the employer; (4) the history of violations by the employer; (5) the injury and illness experience of the employer; (6) the existence and quality of a safety and training program; (7) the actual harm to human health including injury or illness; (8) the extent to which the current violation is part of a recurrent pattern of the same or similar type of violation; and (9) the extent to which the existence of the violation was known to the employer but remained not corrected.

Md. Code, Labor and Employment § 5-811

(a) If a civil penalty that is assessed under this title is not paid in full within 30 days after the penalty becomes final, the Commissioner or the Central Collection Unit may proceed in the District Court to enforce payment. (b) In a proceeding under this subsection, the Commissioner or the Central Collection Unit is entitled to judgment in the amount of the civil penalty that remains unpaid on a showing that: (1) the penalty was assessed against the defendant; (2) the penalty has become final; (3) no appeal is pending; (4) the penalty is wholly or partly unpaid; and (5) the defendant: (i) was duly served with a copy of the citation in accordance with the applicable regulations of the Commissioner; or (ii) contested the citation for which the penalty was assessed.

Md. Code, Labor and Employment § 5-812

(a) Except as provided in subsection (b) of this section, each civil penalty under this title shall be paid into the General Fund of the State. (b) The revenues from the civil penalties assessed against a public body under this title shall be distributed to a special fund to be used only for the Maryland Apprenticeship and Training Program.

Md. Code, Labor and Employment § 5-1002

(a) (1) There is a Voluntary Protection Program in the Division of Labor and Industry. (2) Under the Program, the Commissioner shall recognize employers with places of employment in which an exemplary, voluntarily implemented worker safety and health management system has been implemented that exceeds basic compliance with occupational safety and health laws and regulations. (b) The purpose of the Program is to encourage participating employers to have exemplary worker safety and health programs. (c) An employer who wishes to participate in the Program shall submit an application to the Commissioner for approval. (d) The Commissioner shall establish the contents of the application form, as well as other documentation that the Commissioner may require.

Md. Code, Labor and Employment § 5-1003

(a) In evaluating an employer’s application for participation in the Program, the Commissioner may conduct an on–site evaluation of the employer’s place of employment. (b) After the approval of an employer’s application for participation, the employer’s continued participation in the Program is contingent on the employer’s compliance with the regulations adopted by the Commissioner under § 5–1004 of this subtitle, as determined by periodic on–site evaluations by the Commissioner. (c) Except as provided in subsection (d) of this section, during the period in which the employer is a participant in the Program, the employer’s place of employment is exempt from occupational safety and health inspections conducted by the Commissioner under Title 5, Subtitle 2 of this article, to the extent allowed by federal law and regulations. (d) Notwithstanding an employer’s participation in the Program, a place of employment is not exempt from inspections or investigations that arise from complaints, referrals, catastrophes, fatalities, accidents, or significant toxic chemical releases.

Md. Code, Labor and Employment § 5-1004

(a) The Commissioner shall adopt regulations to implement the Program. (b) The regulations adopted in accordance with subsection (a) of this section shall include requirements for: (1) evidence of senior management leadership in the area of occupational safety and health, along with active and meaningful employee involvement; (2) comprehensive hazard prevention, mitigation, and control programs; (3) systematic assessment of occupational hazards; (4) employee safety and health training; and (5) safety and health program evaluation.

Md. Code, Labor and Employment § 5-1101

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Health care facility” means: (i) a hospital; or (ii) a State residential center. (2) “Health care facility” includes: (i) a subacute care unit of a hospital; and (ii) a State–operated hospital. (c) “Health care worker” means an individual employed by a health care facility. (d) “Hospital” has the meaning stated in § 19–301 of the Health – General Article. (e) “State residential center” has the meaning stated in § 7–101 of the Health – General Article. (f) “Workplace safety” means the prevention of any physical assault or threatening behavior against a health care worker in a health care facility.

Md. Code, Labor and Employment § 5-1102

(a) A health care facility shall establish a workplace safety committee to establish and administer a workplace safety program. (b) The workplace safety committee established under subsection (a) of this section shall be composed of an equal number of employees who work in management and employees who do not work in management.

Md. Code, Labor and Employment § 5-1103

(a) The workplace safety committee shall establish a workplace safety program that is appropriate for the size and complexity of the health care facility. (b) The workplace safety program established under subsection (a) of this section shall include: (1) a written policy describing how the health care facility provides for the safety of health care workers; (2) an annual assessment to: (i) identify hazards, conditions, operations, and situations that could lead to workplace injuries; and (ii) be used to develop recommendations to reduce the risk of workplace injuries; (3) a process for reporting, responding to, and tracking incidences of workplace injuries; and (4) regular workplace safety training for health care workers.

Md. Code, Labor and Employment § 5-1201

(a) (1) In this section the following words have the meanings indicated. (2) “Heat–related illness” means a medical condition resulting from the inability of the body to rid itself of excess heat, including heat rash, heat cramps, heat exhaustion, heat syncope, and heat stroke. (3) “Heat stress” means the net load to which a worker is exposed from the combined contributions of metabolic heat, environmental factors, and clothing worn that results in an increase in heat storage in the body, causing body temperature to rise to sometimes dangerous levels. (b) (1) On or before October 1, 2022, the Commissioner, in consultation with the Maryland Occupational Safety and Health Advisory Board, shall develop and adopt regulations that require employers to protect employees from heat–related illness caused by heat stress. (2) Before the Commissioner begins the process for developing and adopting the regulations required under paragraph (1) of this subsection, Maryland Occupational Safety and Health shall hold informational hearings in four different geographical areas of the State for the purpose of obtaining input from interested parties. (3) In developing the regulations required under paragraph (1) of this subsection, the Commissioner shall consider standards created by the National Institute for Occupational Safety and Health, the American Conference of Governmental Industrial Hygienists, and the American National Standards Institute.

Md. Code, Labor and Employment § 5-1302

(a) The Commissioner shall include as part of the occupational safety and health standards established under this title standards for protecting employees of public bodies from workplace violence. (b) Subject to subsection (c) of this section, on or before October 1, 2026, the Commissioner, in consultation with the Board, shall adopt regulations to carry out this section. (c) Before adopting regulations under subsection (b) of this section, the Commissioner shall: (1) review and consider the recommendations on preventing workplace violence created by the federal Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health; (2) hold at least four meetings soliciting input from certified exclusive representatives of employees of public bodies on the best ways to prevent workplace violence; and (3) hold meetings in at least four geographically diverse locations in the State to receive input from interested parties on the best ways to prevent workplace violence.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026