reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-213 - Enforcement of Citation

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-214 - Hearings

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-215 - Judicial Review and Enforcement

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-216 - Injunctive Relief Against Imminent Danger

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-217 - Protection of Trade Secrets

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part I - Occupational Safety and Health Advisory Board › Section 5-303 - Membership

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part I - Occupational Safety and Health Advisory Board › Section 5-305 - Voting; Meetings; Compensation

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part II - Adoption of Regulations by Commissioner › Section 5-308 - General Responsibility of Board

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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part II - Adoption of Regulations by Commissioner › Section 5-308.1 - Regulations to Implement Bloodborne Pathogen Standard; Notice Regarding Modifications

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part II - Adoption of Regulations by Commissioner › Section 5-309 - Requirements for Standards

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part II - Adoption of Regulations by Commissioner › Section 5-310 - Bases for Recommendation of Board

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part II - Adoption of Regulations by Commissioner › Section 5-311 - Report to Commissioner

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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part II - Adoption of Regulations by Commissioner › Section 5-312 - Decision by Commissioner; Adoption

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part II - Adoption of Regulations by Commissioner › Section 5-313 - Delayed Effective Date

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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part II - Adoption of Regulations by Commissioner › Section 5-314 - Emergency Adoption

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part II - Adoption of Regulations by Commissioner › Section 5-315 - Copies of Regulations

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part III - Variances › Section 5-320 - Contents of Application for Temporary Variance

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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part III - Variances › Section 5-321 - Notice to Employees

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part III - Variances › Section 5-322 - Hearing; Inspection

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part III - Variances › Section 5-323 - Minimum Requirements for Issuance

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part III - Variances › Section 5-324 - Interim Order for Temporary Variance

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part III - Variances › Section 5-325 - Order

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part III - Variances › Section 5-326 - Term and Renewal of Temporary Variance

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part III - Variances › Section 5-327 - Modification or Revocation of Permanent Variance

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 3 - Regulations › Part III - Variances › Section 5-328 - Regulations

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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 4 - Access to Information About Hazardous and Toxic Substances › Section 5-401 - Definitions

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 4 - Access to Information About Hazardous and Toxic Substances › Section 5-402 - Scope of Subtitle

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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 4 - Access to Information About Hazardous and Toxic Substances › Section 5-403 - Application of Federal Standard

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 4 - Access to Information About Hazardous and Toxic Substances › Section 5-404 - Waiver of a Right

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 4 - Access to Information About Hazardous and Toxic Substances › Section 5-405 - Chemical Information List

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 4 - Access to Information About Hazardous and Toxic Substances › Section 5-407 - Request for Information

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 4 - Access to Information About Hazardous and Toxic Substances › Section 5-408 - Exchange of Information by Contractor and Employer

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 4 - Access to Information About Hazardous and Toxic Substances › Section 5-409 - Information for Fire Control

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 4 - Access to Information About Hazardous and Toxic Substances › Section 5-410 - Nonapplicability of Criminal Penalty

The criminal penalty under § 5-804 of this title does not apply to a violation that arises under §§ 5-404 through 5-409 of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 5 - Training of Power Equipment Operators › Section 5-501 - "Power Equipment" Defined

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 5 - Training of Power Equipment Operators › Section 5-503 - Responsibilities of Employer

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 6 - Miscellaneous Provisions › Section 5-601 - Asbestos Protective Clothing

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 6 - Miscellaneous Provisions › Section 5-602 - Work in Confined Spaces

(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.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 6 - Miscellaneous Provisions › Section 5-603 - Work in Manholes

(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.